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NASS Remote Notarization Task Force

remote-notarizationAnnounced in April 2016, the NASS Remote 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 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: NASS National Electronic Notarization Standards were set to expire in July 2016. 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. 

Recent Activity

State Legislation and State Laws

  • Florida SB 526 (Enacted 5/15/2015)
    Authorizes law enforcement to remotely administer oaths
  • New Hampshire SB 40 (Introduced 1/5/17)
    Authorizes remote notarization of electronic wills through video and audio conference technology.
  • Oklahoma HB 1366 (Introduced 1/11/17)
    Authorizes a notary public to perform an electronic notarial act by means of audio-video communication.
  • Virginia HB 1643 (Introduced 1/11/17)
    Authorizes remote notarization of electronic wills through video and audio conference technology.
  • Washington SB 5081 (Introduced 1/12/17)
    Allows the Department of Licensing to adopt rules as to what constitutes personal appearance before a Notary.
  • Nebraska LB 388 (Introduced 1/13/17)
    Authorizes remote notarizations through video and audio conference technology.
  • Indiana SB 539 (Introduced 1/17/17; amended 2/3/17)
    Authorizes remote notarizations through audio visual communication technology.
  • Florida HB 277 (Introduced 1/18/17)
    Authorizes remote notarization of electronic wills through video and audio conference technology.
  • Texas HB 1217 (Introduced 1/23/17)
    Authorizes online notarization through two-way video and audio conference technology.
  • Maryland SB 747 (Introduced 2/3/17)
    Authorizes an electronic notary to perform a remote notarization.
  • Kentucky HB 218 (Introduced 2/7/17)
    Authorizes a notary to perform a notarial act for individuals outside the U.S. using communications technology.
  • Minnesota SF 893 (Introduced 2/13/17)
    Authorizes a notary to perform a notarial act for individuals outside the U.S. using communications technology.

Position Letters/Statements


Questions/Contact
This email address is being protected from spambots. You need JavaScript enabled to view it., NASS Executive Director | 202-624-3525

 

 

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