Webcam notarization is gaining momentum across the country as legislatures in 6 states are currently considering bills that would allow the practice. Webcam notarization allows the requirement for the signer to personally appear before the Notary to be satisfied by making use of video and audio technology via the internet.
Most states require the signer to be in the Notary’s physical presence at the time of the notarization. The 6 states considering webcam measures include: Kentucky, Maryland, Minnesota, Nebraska, Oklahoma and Texas.
Webcam Legislation Restrictions
Virginia was the first state to enact legislation allowing webcam notarizations. Its law permits Virginia eNotaries to remotely notarize documents for anyone located anywhere in the world.
However, several of the current proposals would limit webcam notarizations.
- The Texas bill (HB 1217) allows webcam notarizations only to be used for documents, transactions or signers that are somehow tied to the state. Examples include documents involving Texas real estate, documents that will be filed with a Texas court and signers who are in the state at the time of the notarization.
- One Kentucky measure (HB 218) and the Minnesota bill (SF 893) would limit webcam notarizations to signers in foreign countries. Another Kentucky bill (HB 539) would allow a remote signer to be in any location.
For details of each bill, visit the NNA’s Notary Policy Tracking page.
Webcam Momentum
Apart from Virginia, only two other states — Montana and Florida — allow webcam notarizations in any form. However, this year’s legislative activity comes after a number of organizations embraced webcam notarization, including Fannie Mae, Freddie Mac and Quicken Loans.
In addition, the National Association of Secretaries of States is studying the issue, and the NNA recently published the Model Electronic Notarization Act of 2017, which included recommended provisions for webcam notarization.
Also last year, the Uniform Law Commission updated its Revised Uniform Law on Notarial Acts (RULONA) to allow webcam notarizations for individuals residing outside of the United States. This served as the basis for the measures Kentucky and Minnesota. Currently, the ULC is studying whether to expand the use of webcam notarizations to signers located in the United States.
David Thun is an Associate Editor at the National Notary Association.