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Secure Notarization Act: One Step Closer to Nationwide Remote Online Notarization

29th April, 2023

Secure Notarization Act of 2023 and remote online notarization in the US

The idea of Securing and Enabling Commerce Using Remote Electronic Notarization was introduced in the year 2020. After a couple of failed attempts, the story continued in mid-February 2023 when the bill was reintroduced to the House for the third time and was signed by 29 co-sponsors from both parties. On February 27, 2023, the House passed H.R. 1059, the Securing and Enabling Commerce Using Remote and Electronic (SECURE) Notarization Act of 2023. To become a law it has to pass the Senate and be signed by the President.

How will the SECURE Notarization Act of 2023 Affect the US Notaries?

After the act becomes the federal law it will change the entire notarization process in the United States. First of all, the new law will benefit homeowners and property buyers nationwide by enabling fast and secure remote online notarization technology. Notaries public from all US states will be able to perform Remote Online Notarization (RON) of documents, which also means that notarization will be possible for signers located outside of the US. 

Remote Online Notarization vs Traditional Notarization

Modern technological tools for notarization have confused many people, including Notaries. There are various types of notarizations available, including remote online notarization (RON), in-person electronic notarization (IPEN), and remote ink-signed notarizations (RIN), which are all different from traditional pen-and-paper notarizations.

What is the difference between the two types of notarization: IPEN and RON?

IPEN or in-person electronic notarization – it means precisely what it says. It is an in-person notarization act, so the notary and signer should be at the same time in the exact physical location for the notarization process. The identifying procedure is performed traditionally. However, notaries use an electronic seal and signature to notarize the document, which is presented in a digital format.

For the IPEN procedure notaries must attach or logically connect their electronic signature and all other necessary information to the electronic record to build a proof of any change after notarization is performed.

RON or remote online notarization – it allows notaries to perform notarization acts over the internet using audio-visual technology. The signer and notary are not obligated to be at the even physical location. The process of signer identification requires the same documents as the in-person notarization act, but depending on state law and the service being used, but depending on the state legislation, and the service used, the process includes a system that establishes the identity of the signer before interacting with the notary.

For the RON process, the signer should appear before the notary at the time of the notarization process via communication technology.

The notary must identify a signer through:

• At least 2 distinct processes or services to verify the identity of the remotely located signer.

• The oath or affirmation of a credible witness who is either physically present before the notary using communication technology.

• The notary’s knowledge.

NOTE!

Notaries must create and retain the record of the notarization process and confirm the signature or statement of the signer was made on the notarized document!

Notaries must perform notarization acts and signer identification strictly to the declared procedure. Otherwise, the notary public can be subject to disciplinary notary actions.

Stay tuned to get the latest notary news, and answers to your questions, such as family member notarization.

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