Remote Electronic Notarization

Announced in April 2016, the NASS Remote Electronic Notarization Task Force was dedicated to promote a greater understanding of the issues and policies surrounding remote/video notarizations amongst states. The task force reviewed technologies that facilitated remote notarizations, tracked state activity and developed standards. Any new issues related to remote notarization will come before the NASS Business Services Committee, unless there is a need for a more in-depth review, which would then reactivate the task force. 

Understanding the Issue

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.

Task Force Activity

Adopted Legislation on Remote Electronic Notarization

  • Arizona SB 1030 (signed into law 4/10/19; effective 7/1/19)
    Authorizes remote online notarization
  • Florida HB 409 (signed into law 6/7/19; effective 1/1/2020)
    Authorize remote online notarization 
  • Idaho SB 1111 (signed into law 3/21/19; effective 1/1/2020)
    Authorizes remote notarization using communications technology
  • Indiana SB 372 (signed into law 3/13/18; effective 7/1/19)
    Authorizes remote notarial acts through audio visual communication
  • Iowa SF 475 (signed into law 4/29/19; effective 7/1/20)
    Authorizes remote notarization (for county real property filings) 
  • Kentucky SB 114 (signed into law 3/25/19; effective 1/1/2020)
    Authorizes online appearance before an online notary 
  • Maryland SB 678 (signed into law 5/13/19; effective 10/1/2020)
    Authorizes remote notarization using communications technology
  • 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. 
  • Montana HB 370 (signed into law on 4/3/19; effective 10/1/19)
    Authorizes remote notarization (expands previous remote notarization law)
  • Nebraska LB 186 (signed into law on 5/30/19; effective  7/1/2020)
    Authorizes online notarization via communication technology
  • North Dakota HB 1110 (signed into law 03/12/19)
    Authorizes remote notarization using communications technology
  • Nevada A. 413 (signed into law 6/9/17; effective 7/1/18)
    Authorizes electronic notarial acts remotely using audio-video communication
  • Ohio SB 263 (signed into law 12/13/19; effective 9/19/19)
    Authorizes online notarization via remote presentation.
  • Oklahoma SB 915 (signed into law 5/9/19; effective 1/1/2020)
    Authorizes remote online notarial acts
  • South Dakota HB 1272 (signed into law 3/18/19; effective 7/1/19)
    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.
  • Utah HB 52 (signed into law 3/25/19; effective 11/1/19)
    Authorizes remote notarization
  • Virginia (adopted in 2011)
    Authorizes electronic notarization via video/audio conference technology
  • Vermont H 526 (signed into law 5/22/18; effective 7/1/19)
    Authorizes development of remote notarization rules
  • Washington SB 56 (signed into law 4/26/19; effective 10/1/20)
    Authorizes remote notarization via communication technology

Pending State Legislation on Remote Notarization

Alabama | Alaska | California | Colorado | Connecticut | Hawaii | Louisiana | Missouri | New Jersey | New Mexico | New York | South Carolina

Questions/Contact

The Notary Public Administrators Section of the National Association of Secretaries of State.