NASS Remote Notarization Task Force

Announced 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: 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. 

Recent Activity

State Legislation and State Laws

  • Florida HB 771 (introduced 11/21/17)
    Authorizes online notarial acts using audio video communication technology
  • Florida SB 526 (enacted 5/15/2015) 
    Authorizes law enforcement to remotely administer oaths
  • Florida HB 277 (introduced 1/18/17; vetoed by Governor June 2017)
    Authorizes remote notarization of electronic wills through video and audio conference technology.
  • Indiana SB 539 (bill passed; remote notarization language not included)
    Authorizes remote notarizations through audio visual communication technology.
  • Kentucky HB 218 (bill failed)
    Authorizes a notary to perform a notarial act for individuals outside the U.S. using communications technology.
  • Maryland SB 747 (bill failed)
    Authorizes an electronic notary to perform a remote notarization. 
  • Minnesota SF 893 (bill failed)
    Authorizes a notary to perform a notarial act for individuals outside the U.S. using communications technology. 
  • Missouri H 1118 (bill failed)
    Authorizes electronic notarization by two-way live video and audio conference communication.
  • Nebraska LB 388 (bill failed)
    Authorizes remote notarization through video and audio conference technology.
  • New Hampshire SB 40 (passed Senate; failed in House)
    Authorizes remote notarization of electronic wills through video and audio conference technology.
  • Nevada A. 413 (signed by Governor on 6/9/17)
    Authorizes electronic notarial acts remotely using audio-video communication.
  • Ohio HB 49 (see page 238); (signed by Governor on 6/29/19)
    Authorizes a notary to use an electronic communications device to perform acknowledgments.
  • Oklahoma HB 1366 (passed Senate; failed in House)
    Authorizes a notary public to perform an electronic notarial act by means of 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.
  • Texas HB 1217 (signed by Governor on 6/1/17)
    Authorizes online notarization through two-way video and audio conference technology.
  • Virginia HB 1643 (bill failed)
    Authorizes remote notarization of electronic wills through video and audio conference technology.
  • Washington SB 5081 (bill passed; remote notarization language not included)
    Allows the Department of Licensing to adopt rules as to what constitutes personal appearance before a Notary.

Position Letters/Statements

Questions/Contact

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