National Standards for Remote and Electronic Notarization: Securing Interstate Commerce
This Act establishes nationwide minimum standards for electronic and remote notarizations, allowing citizens to legally notarize documents from a distance using simultaneous audio-visual communication technology. This significantly increases convenience and accessibility for transactions like real estate purchases or contract signings, especially those crossing state lines, by eliminating the need for physical presence. Crucially, it mandates that all states and federal courts must recognize these remote notarizations as valid, streamlining interstate commerce and legal proceedings.
Key points
Remote Notarization Authorized: Notaries can legally perform notarizations for individuals located remotely using communication technology (simultaneous sight and sound).
Mandatory Recognition: Notarizations validly performed in one state (including remote ones) must be recognized by all other states and Federal courts, simplifying interstate transactions.
Security Requirements: Remote notarization requires robust identity verification (using at least two distinct data sources or a credible witness) and mandatory audio-visual recording of the entire process, retained for a minimum of 5 to 10 years.
Electronic Records: Establishes standards for electronic notarization, ensuring the notary's electronic signature is securely bound to the electronic record to prevent tampering.
Expired
Additional Information
Print number: 118_S_1212
Sponsor: Sen. Cramer, Kevin [R-ND]
Process start date: 2023-04-19