Modernization of A Centuries-Old Office The Notarial Act · Standard certificate formats recommended, no indication if paper or electronic notarization Venue: notary’s Venue:commissioning

© 2018 Georgia Superior Court Clerks’ Cooperative Authority© 2018 Georgia Superior Court Clerks’ Cooperative Authority

Modernization of A Centuries-Old Office The Notarial Act

Atlanta, GA ∙ September 28, 2018

Sponsored by:

© 2018 Georgia Superior Court Clerks’ Cooperative Authority


Why Are Documents Notarized?


Why Are Documents Notarized?

• To deter fraud. An impartial witness (the Notary)ensures that the signer(s) of documents are who theysay they are and not impostors

• The Notary makes sure that signers have entered into agreements knowingly and willingly

In a society in which business dealingsbetween strangers are the norm rather than theexception, Notaries create a trustworthy environment where strangers are able to share documents with full confidence in their authenticity.


The Notary Public’s Charge

Notaries must be impartial, which means they must never refuse to serve, or to discriminate in their quality of service, based of an individual’s race, nationality, religion, politics, sexual orientation or status as a non‐customer. As representatives of the state, Notaries must perform their official duties with respect and seriousness for the public service role they play as a trusted, impartial witness.






2018 NOTARY BILLS

Considered a Notary bill in 2018 Did not consider a Notary bill in 2018 Not in session in 2018

RI

DC


MOST NOTARY BILLS (2018)

1413

1110

76 6 6 6 6 6 6




NOTARIZATIONPaper Electronic

Traditional Electronic Remote/Online

Signer’s Physical Presence Required Physical Presence or byAudio-VideoTechnology

Signer Personally Known

ID Documentsor

Credible Witness (whereallowed)

“Identify Proofing”*Knowledge‐basedauthentication;

credentialanalysis,etc.*NotMontana;VAdiffers

Wet ink signature, ink-stamp

Electronic, “tamper-evident” signature.Seal info usually satisfies seal image requirement

but some states require image.

Standard certificate formats recommended, no indication if paper

or electronic notarizationVenue:notary’scommissioningstate

Certificate wording indicates remote performanceVenue:notary’s

commissioningstate

Recordkeeping not uniformly required(paperandenotary)

Additional audio-videorecording of notarization

session required

Trainingnot uniformly required

Training required in some states

Trainingseen as desirable

Notary must be physically located in commissioning state.



“R” NOTARIZATION STANDARDS

January2017

July 2016

February2018

Summer 2018

December 2017


https://nass.org/sites/default/files/remote%20notarization/remote-notarization-guiding-principles.pdf


Guiding Principles for Creation of Remote Notarization Standards

APPLICABILITY Existing remote notarization enactments differ on allowing paper notarial transactions to be performed remotely, and on the specific notarial duties that may be performed remotely.

JURISDICTIONExisting remote notarization enactments have raised questions about multiple aspects of jurisdiction

IDENTIFICATION OF PRINCIPALExisting remote notarization enactments differ in their treatment of methods for identifying principals


Guiding Principles for Creation of Remote Notarization Standards

TECHNOLOGY REUTRALITYExisting remote notarization enactments do not dictate use of specific remote notarization solutions or platforms. Instead, they provide technology performance metrics that can be met by solution providers. This promotes uniformity in baseline capabilities of remote notarization technologies, while providing for marketplace diversity and choice.

SECURITY OF REMOTE NOTARIZATIONS Remote notarization has raised general questions about transactional security. Remote notarization participants must be assured of reasonable transactional security.

ADMINISTRATIVE RULES Administrative rules provide additional details and requirements that clarify how notaries public and technology providers may function compliantly under enacting laws.




CLICK TO EDIT MASTER TITLE STYLENOTES ON“E”LEGISLATION

• Michigan: In addition to its “r” bill, theSecretary of State carried a separate“e”bill that haspassedthe House.

• Arizona: Repealed its prior “e” laws andrequires the Secretary of State to adoptnew“e”rules.

• Massachusetts:Proposes to establishanElectronicNotarizationStudyCommission.

• Maryland: Enacted the Uniform RealPropertyElectronicRecordingAct, allowingNotaries to notarize “e” real propertyrecords.

• Missouri: Also had extensive “e”provisions based on the NNA’s ModelNotaryAct included in its failed “r” bills.


Resources

National Association of Secretaries of State (NASS)https://nass.org/initiatives/remote‐electronic‐notarization‐task‐force

Notary Public Administrators (NPA)http://www.npa‐section.com/electronic‐notarization.html

Uniform Law Commission (ULC)http://www.uniformlaws.org/Committee.aspx?title=Notarial%20Acts

© 2018 Georgia Superior Court Clerks’ Cooperative Authority© 2018 Georgia Superior Court Clerks’ Cooperative Authority

© 2018 Georgia Superior Court Clerks’ Cooperative [email protected] (404) 327‐9753