Overview
This bill establishes procedures and requirements for remote online notarization using two-way real-time audiovisual technology. It aims to enable notaries public to perform notarial acts electronically when the individual seeking notary services is not physically present. The bill provides a legal framework for remote notarization during a specified time period, likely in response to the COVID-19 pandemic, to facilitate legal transactions and documentation when in-person interactions are difficult or inadvisable. Key objectives include ensuring proper identity verification, maintaining the integrity of notarized documents, and protecting the rights of individuals relying on remotely notarized records.
Core Provisions
The bill allows notaries to use two-way real-time audiovisual technology to perform notarial acts electronically, provided certain requirements are met. It establishes procedures for identity verification, including presenting satisfactory evidence of identity before and during the video conference. The bill requires that the technology be capable of creating an audio and visual recording of the complete notarial act, which must be retained as a notarial record. It allows individuals to satisfy the requirement of appearing personally before a notary through audiovisual technology. The bill also provides that records can be signed in counterparts between April 30, 2020, and July 1, 2021, unless expressly prohibited. It protects the rights of persons relying in good faith on records executed during this period, even if not properly notarized under the new provisions.
Key Points
- Allows remote notarization using two-way real-time audiovisual technology
- Establishes identity verification procedures for remote notarization
- Requires recording and retention of remote notarial acts
- Permits signing of records in counterparts from April 30, 2020 to July 1, 2021
- Protects rights of individuals relying on remotely notarized documents in good faith
Legal References
- Section 26c
- Section 26b(7) to (9)
Implementation
The bill does not specify particular agencies responsible for implementation or enforcement. It places the onus on notaries public to comply with the new requirements for remote notarization. Notaries must ensure they use audiovisual technology capable of creating and retaining recordings of notarial acts. They must also follow specified procedures for identity verification and document transmission. The bill does not mention specific funding mechanisms or reporting requirements. Compliance is presumed unless there is clear and convincing evidence of intentional non-compliance. The bill does not detail specific enforcement provisions beyond this evidentiary standard for proving non-compliance.
Impact
The primary beneficiaries of this bill are individuals seeking notary services and notaries public. It enables remote notarization, facilitating legal transactions during periods when in-person meetings are difficult or impossible. The bill also benefits governmental agencies and officials by encouraging the use of electronic records, signatures, and notarizations. While specific cost estimates are not provided, the bill likely reduces costs associated with in-person notarization while potentially increasing technology-related expenses for notaries. The administrative burden on notaries increases due to new requirements for identity verification and record retention. Expected outcomes include increased accessibility to notary services and maintenance of legal document integrity during challenging circumstances. The bill includes a sunset provision, with many of its provisions expiring on July 1, 2021, suggesting it is a temporary measure in response to the COVID-19 pandemic.
Legal Framework
The bill appears to amend existing state law regarding notarial acts, though specific statutory references are limited. It creates new authorities for notaries to perform remote notarizations, which likely modifies existing notary regulations. The bill does not explicitly address preemption of local laws or judicial review provisions. It does, however, establish a presumption of compliance that can only be overcome by clear and convincing evidence of intentional non-compliance, which may impact potential legal challenges. The bill also interacts with existing laws on electronic records and signatures, encouraging their use by governmental agencies and officials.
Critical Issues
Several critical issues arise from this bill. There may be constitutional concerns regarding the validity of remotely notarized documents across state lines, particularly for out-of-state individuals. Implementation challenges include ensuring notaries have access to and can properly use the required audiovisual technology. There are also potential cybersecurity and privacy concerns related to the transmission and storage of sensitive personal information and legal documents. The bill may face opposition from those concerned about fraud or the integrity of notarized documents without in-person verification. Additionally, the temporary nature of the provisions may create confusion or complications when they expire, potentially leaving a gap in legal framework if remote notarization practices have become widely adopted.