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Notary Bulletin

eNotarization Growing With New State Initiatives

electronic-closings-mouse-resized.jpgElectronic notarization and eSignatures have been catching the attention of lawmakers in 2014. Here is a list of new eNotarization laws and programs enacted in the past seven months:

South Dakota and Utah: Both states have enacted the Uniform Real Property Electronic Recording Act (South Dakota Senate Bill 68 and Utah Senate Bill 79). The bills allow Notaries to use electronic signatures in notarizing electronic real property documents. Both laws create commissions to develop technical standards to implement eNotarization and render electronic documents resistant to tampering. South Dakota’s law took effect on July 1 and Utah’s law takes effect July 1, 2015.

Washington: An administrative rule that took effect June 29 clarifies that eNotarization of a real property record must be performed either by a Washington state Notary Public or another person authorized to do so by the laws of a jurisdiction outside Washington.

West Virginia: The Secretary of State’s office issued an administrative rule detailing guidelines for performing electronic notarizations; the criteria for an electronic Notary certificate, seal, and eSignature; and requirements for keeping an electronic journal of notarial acts.

Pennsylvania: House Bill 1429, which takes effect in January 2015, allows powers of attorney executed and notarized electronically to be recorded in the same way as a paper document under the Uniform Real Property Electronic Recording Act.

More information on new bills and laws relating to eNotarization and eSignature can be found at the new searchable Law Updates database at NationalNotary.org.

David Thun is an Associate Editor at the National Notary Association.

Comments

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Danny Belden

22 Jul 2014

As with any new technology there will be glitches. My experience has taught me that to survive in this industry I have to stay ahead of the technology curve.

Audrey Jane Spaulding

20 Jul 2014

I purchased a laptop several years ago and then found out that it is too costly to keep up without the proper equipment, I have so many places in Rural Colorado that it can't be used for, Dead Zones,. No Signals, even using their Home Computers was a disaster, lost power, a lot of things have to improve for this to happen in a rural area, A lot of places have to have Huges Net.

Donna J. R. Conne

18 Jul 2014

The few Enotarizations I've done here in California leave me looking for escape. They turn out to be MORE work than straight paper signings if we're talking about Signing Agent activity. I also agree with A. C. Dye's opinion.... Security is a concern.

Blanca E Thompson

18 Jul 2014

What is e-notarization? Does it mean that the person signing doesn't have to be present in front of the Notary? Is e-notarization to expedite the document for the benefit of the lender? I would like to understand the real benefit of e-notarization for the Notary. Thank you for your clarification.

James E. McGrath

17 Jul 2014

Why is it necessary to force me to leave a comment for a notary bulletin before I can read the bulletin on "eNotarization Growing with State Initiatives"?

National Notary Association

17 Jul 2014

Hello Mr. McGrath, We apologize if you encountered a problem accessing a story on the blog. Posting a comment is not a requirement in order to access and read articles. If you encountered an issue trying to read the article, please email us at social@nationalnotary.org with details and we will check with our tech support team to see if we can resolve the issue. Thank you for bringing your issue to our attention.

A C Dye

17 Jul 2014

I don't like Enotarizations...I wouldn't sign in that method...way too many ways to be hacked with some very confidential information....I'll leave it to other notaries to complete.

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