NASS Resolution Affirming the Role of the Secretary of State or Other State Notary Commissioning Entity as Sole Authority to Establish Standards for New Forms of Notarization

Adopted July 24, 2005; Reaffirmed July 10, 2010
Reauthorized July 12, 2015
Amended and Reauthorized July 22, 2020

WHEREAS, notaries public are among the oldest bodies of public officials in the United States commissioned and regulated by the Secretaries of State or other state authority; and,

WHEREAS, the Secretaries of State or other notary public commissioning authorities possess essential and unique knowledge of the regulation of the notarization process; and,

WHEREAS, notaries public are the time-tested defense against identity fraud by providing a disinterested third-party witness in a broad spectrum of transactions, giving a higher level of credibility and reliability to signatures on vital documents; and,

WHEREAS, the notary's signature and seal, regardless of the mechanism of notarization, is vital to the integrity and authenticity of a notarized document; and, j

WHEREAS, the advent of new forms of notarization demands that the issues of security and identity fraud in the electronic process be likewise subject to accountability and standards in order to foster public trust and to protect consumers; and,

WHEREAS, for new forms of notarizations to enjoy the same level of credibility and reliability as paper-based notarizations, it is imperative that appropriate, substantive and secure standards and procedures be adopted.

THEREFORE, BE IT RESOLVED that NASS affirms the role of the Secretary of State or other state notary commissioning entity as the sole authority to establish standards for new forms of notarization that will protect signature credibility, avoid identity fraud and provide accountability to the public in order to promote secure electronic commerce.

EXPIRES: Summer 2025