Remote Electronic Notarization Task Force

Announced in April 2016, the NASS Remote Electronic Notarization Task Force is dedicated to promoting a greater understanding of the issues and policies surrounding remote/video notarizations amongst states. The task force is reviewing technologies that facilitate remote notarizations, tracking state activity and developing possible proposals for NASS consideration.

NASS Remote Electronic Notarization Task Force Members

Understanding the Issue

As digital technology evolves, the Uniform Law Commission (ULC) and others are reconsidering the long-held  notarial principle that “personal appearance” requires physical presence.

Some jurisdictions now allow for a person to appear before a notary using audio/video applications, also known as remote notarization. Virginia allows for remote approaches in electronic notarizations, while Montana allows for remote notarization in conducting both traditional and electronic notarizations.

RULONA Revisions: The long-held physical appearance requirement currently reflected in model notarization laws is under reconsideration by the ULC, as it considers an amendment to the Revised Uniform Law on Notarial Acts (RULONA). The amendment allows U.S. citizens living overseas to use remote methods for both traditional and electronic notarizations. 

eNotarization Standards: In July 2016 NASS reaffirmed its support for the National Electronic Notarization Standards, and in February 2017 NASS adopted the eNotarization Implementation Guide. In addition to the merits of physical presence versus virtual presence, state policymakers need to address the potential validity and interstate recognition of remotely e-notarized documents. 

Remote Electronic Notarization Standards: In July 2017, NASS took on the charge of convening the appropriate parties to develop remote notarization standards that would enable remote notarizations that would protect the credibility of the process, help prevent identity fraud and provide accountability to the public in order to advance secure electronic commerce. From August 2017 to February 2018, the NASS Remote Electronic Notarization Task Force worked to draft standards addressing remote notarization into the National Electronic Notarization Standards. In February 2018, the NASS members approved the Revised National Electronic Notarization Standards, to include remote notarization.

 

Recent Activity

State Legislation and State Laws

  • California A2368 (introduced 2/4/18; hearings held)
    Authorizes remote notarization via audio video communication
  • Colorado SB 109 (introduced 1/29/18; postponed indefinitely)
    Authorizes remote notarization via audio video communication.
  • Florida HB 771 (introduced 11/21/17; failed in house)
    Authorizes online notarial acts using audio video communication technology
  • Indiana SB 372 (signed into law 3/13/18; effective 7/1/19)
    Authorizes remote notarial acts through audio visual communication
    Authorizes remote notarization via audio-video communication
  • Kentucky SB 135 (introduced 2/7/18; bill failed)
    Authorizes notarization via online appearance
  • Kentucky H 262 (introduced 1/29/18; bill failed)
    Authorizes notarization via online appearance
  • Louisiana SB 358 (introduced 3/2/18; passed Senate)
    Authorized remote notarization via audio video technology
  • Louisiana HB 572 (introduced 3/2/18)
    Authorized remote notarization via audio video technology
  • Louisiana HCR 31 (introduced 4/6/18; passed House and Senate)
    Directs the State Law Institute to make recommendations for electronic notarization, including remote notarization.
  • Maryland SB280 (passed Senate; failed in House)
    Establishes the Task Force to Study Notary Laws and Remote and Electronic Notarization
  • Michigan H 5811 (signed into law 6/28/18; effective 3/30/19)
    Requires the Secretary of State to review, and authorizes the Secretary to approve,   remote electronic notarization platforms.
  • Minnesota SF 893 (signed into law 5/20/18; effective 1/1/19)
    Authorizes notaries to perform remote online notarial acts. 
  • Missouri HB 1738 (introduced 1/4/18)
    Requires the Secretary of State to develop standards for electronic notarization via video and audio communication
  • Missouri HB 2508 (introduced 2/20/18; hearings held)
    Authorizes remote online notarization for real estate instruments
  • Missouri HB 2590 (introduced 2/27/18; hearings held)
    Authorizes remote online notarization for acknowledgments and jurats
  • Missouri SB 1023 (introduced 2/22/18; hearings held)
    Authorizes remote online notarization for acknowledgments and jurats
  • Nebraska LB 388 (introduced 1/13/18; postponed indefinitely)
    Authorizes remote electronic notarial acts
  • Nevada A. 413 (signed into law 6/9/17; effective 7/1/18)
    Authorizes electronic notarial acts remotely using audio-video communication.
  • Ohio S 263 (introduced 2/22/18)
    Authorizes online notarization via audio visual technology
  • Oklahoma HB 1366 (introduced 2/6/18; passed House)
    Authorizes notarial acts via audio video communication
  • Pennsylvania SB 595 (Introduced 4/17/17)
    Defines appearance as being in the notarial officer's physical presence or by means of audio-video communication.
  • South Dakota HB 1170 (introduced 1/24/18; tabled in Senate)
    Authorizes remote notarization via communications technology
  • Tennessee SB 1758 (signed into law 5/15/18; effective 7/1/19)
    Authorizes online notarization via audio video communication
  • Texas HB 1217 (signed into law 6/1/17; effective 7/1/18)
    Authorizes online notarization through two-way video and audio conference technology.

Position Letters/Statements

Questions/Contact

Leslie Reynolds, NASS Executive Director | 202-624-3525