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Notary Bulletin

5 New States Enact Remote Notarization, More Considering Bills In 2019

By David Thun on February 27, 2019

New-Webcam-Resized.jpgUpdated 4-2-19. 5 more states — Idaho, Kentucky, North Dakota, South Dakota and Utah — have enacted laws authorizing remote online notarization since January, and other states are considering new remote notarization bills this year. If passed, these bills could potentially make online notarization a reality in over half the U.S.

Lawmakers in Arizona, California, Colorado, Florida, Hawaii, Iowa, Maryland, Missouri, Nebraska, New Jersey, New York, Oklahoma, South Carolina and Washington have all proposed remote notarization bills in 2019.

If enacted, these states will authorize Notaries to perform notarial acts for signers using online audiovisual communication technology.

“I can’t think of a single legislative issue that has garnered more interest among the Notary community in recent years,” said Bill Anderson, NNA Vice President of Government Affairs.

At press time, 15 states have enacted remote notarization laws, and five — Nevada, Minnesota, Montana, Texas and Virginia — are operational. Idaho, Indiana, Kentucky, Michigan, North Dakota, Ohio, South Dakota, Tennessee, Vermont and Utah are scheduled to come online in the near future. 

You can use the NNA's Notary Policy Tracker to track remote online notarization legislation in your state, and be sure to check the Notary Bulletin for the latest news and updates.

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

Additional Resources:

Model eNotarization Act of 2017

 

21 Comments

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Ardel Richter

01 Mar 2019

“I can’t think of a single legislative issue that has garnered more interest among the Notary community in recent years,” said Bill Anderson, NNA Vice President of Government Affairs. And we're all opposed, but NNA isn't. Wondering what the NNA is going to do for membership when this becomes nationwide? How many (or few) notaries working at minimum wage as employees 24/7/365 of a big bucks co. will it take to eliminate the traditional notary?

Julia B

04 Mar 2019

I'm discontinuing my notary public license. The rules become more lax but the penalties increase. Just not worth the potential legal trouble this can produce. Let someone else worry about it.

Linda Millstone

04 Mar 2019

I am not in favor of remote notarizations. How am I to verify the person whose signature I'm notarizing if I can't physically inspect their ID. How many cases of identity fraud will it take to prove that this is NOT a good idea.

Ron Mier

04 Mar 2019

Please continue business as usual until this actually becomes implemented in California. No need to become discouraged or feel uncomfortable in eventually adopting this new (potential) form of notarization. You may initially oppose this new technology but let’s wait and experience the training that will sufficiently address legal concerns, questions and issues that will have already been identified in those states currently using this technology. Perhaps you, as a notary in California, will confidently exceed expectations in using Remote Notarizations.

Mr. Oswald J. Bien-Aime

04 Mar 2019

I am in favor of remote notarizations; you have several classes of people you really can't physically touch (i.e. those with auto-immune disease, the incarcerated persons and maybe a few who might prefer non contact with the notary.) Keep in mind more has to develop before it's an actuality.

Geneva Wilkerson

04 Mar 2019

I appreciate the comments of those who see the "dark side" of this. Penalties are increasing. Not fair.

Chris Parreira

04 Mar 2019

I believe remote notarizing is a bad idea. This will lead to more fraud. How am I supposed to closely inspect their ID? This is not for me. What is going to happen with "personal appearance"? This is leading the notary business to a disaster.

Jazmin Cavillo

04 Mar 2019

**In California** You need a thumbprint whenever you have a real property transactions (Deeds, Quitclaim Deeds, Deed of Trust, P.O.A.) I wonder will they make the signor go to a live scan fingerprinting services!?!)

Matt Miller

05 Mar 2019

My name is Matt Miller, I am the organizer of Oppose AB 199 - The California Online Notary Act of 2019. AB 199 is a bill by Assemblymember Calderon that could amend current law and mandate higher notarial costs and jeopardize the careers of tens of thousands of notaries all over California. Join the growing list of organizations opposing AB 199. https://patch.com/california/san-francisco/oppose-ab-199-california-online-notary-act-2019

Susan Cochran

07 Mar 2019

I live in Indiana and these services are not yet approved. What are the penalties in California and other states? Want to know what we might expect here....

National Notary Association

07 Mar 2019

Hello. You can use the NNA's Notary Law database to look up information about Notary laws and bills in other states: https://www.nationalnotary.org/knowledge-center/news/law-updates

Linda A Adams

13 Mar 2019

Susan Cochran, remote notarizations Public Law 218 was signed by the governor in April 2017. This legislation is scheduled to be phased in later in 2019. Check out this link for more information. http://iga.in.gov/legislative/2017/bills/senate/539#digest-heading Former Indiana notary for 4 years, prior to that Michigan notary for almost 10 years.

Jena Renee Osorio

18 Mar 2019

I live in California. If the law does pass... What technology is available to us notaries to perform virtual notarial acts?

davesorensen200@yahoo.com

08 Apr 2019

IT IS BECOMING CLEARER DAY BY DAY. THE CURRENT BUSINESS MODEL FOR ALL AREAS, ESPECIALLY SERVICE IS TO REMOVE THE HUMAN FACTOR. I.A ALGORITHMS DON'T TAKE A DAY OFF. IT ALSO IS MORE OBVIOUS THAT GOVERNMENT IS HERE TO FACILITATE LARGE COMPANIES IN FAVOR OF THE INDIVIDUAL. NEW WORLD. LIKE TRYING TO BUILD UP A SMALL BUSINESS FOR YOUR FAMILY AND RETIREMENT. AND WHAM ONE STROKE OF LEGISLATIVE PE AND THE SMALL BUSINESS PERSON IS QUASHED. ENJOY

Michael W Blackburn

08 Apr 2019

Every say's they are concerned with Fraud, yet they want to support online notarization. How can we be sure the signer is not under the influence of others? How can we secure a finger print? How can we properly inspect the I.D. to insure it has not been tampered with? We should all be very concerned with this, and NNA should be leading a battle against it.

BJ Waters

08 Apr 2019

Bad idea. I can only see doing remote notarizations for people I already know. For the general public, I won't do it.

Ellie NeSmith

09 Apr 2019

I absolutely and categorically will NOT endorse any online notarizations!! I will only notarize for people I know and work with! This idea is absolutely ludicrous an absurd! With all the online fraud, identity theft, money theft, you think I will put my name on this ridiculous law?! No! Nada! Never EVER!! Do NOT even ask me....NO!!

Elaine Wright Harris

11 Apr 2019

I feel that technology is here to stay and it's to our benefit to embrace technology and see what we can do to make it better. I look at this as "the glass being half full"; not "half empty".

Theodore M Nizza

11 Apr 2019

I worked for a major insurance company which required my becoming a notary for the business. When I retired from the company, I decided to retain my commission, and only engage in it part time. If and when Florida enacts a remote notarization law, I WILL resign my commission. With all the online fraud, identity theft, phishing and scams, it just isn't worth my taking a chance for a part time income that I don't have to rely on.

Mary wiegard

22 Apr 2019

It will put mobile notariea out of business as will as the fraud possibilities

Aida Gonzalez

29 Apr 2019

I really don't like the system of remote notarization, if every day find more and more frauds, will be much more frauds thru this new system. Notarization has to be in person. Technology is good but not all the time works on legal procedures. I'm NOT in agreed.

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