Summary
# H.R. 1059: SECURE Notarization Act of 2023
## WHAT THIS BILL DOES
This bill allows notaries to perform notarizations (an official certification that someone signed a document) on electronic records and for people who are not physically present, as long as those notarizations affect interstate commerce (business between states). The bill sets minimum standards for how these electronic and remote notarizations must be done. It also requires federal courts to accept notarizations performed by notaries from any state, and requires states to accept notarizations performed by notaries from other states under certain conditions.
## WHO IT AFFECTS
- Notaries public in all states
- Individuals who need documents notarized electronically or from a distance
- Federal courts
- State governments and state courts
- Credible witnesses who help verify the identity of people signing remotely
- Notarial officers in states, the District of Columbia, Puerto Rico, U.S. territories, and federally recognized Indian tribes
## KEY PROVISIONS
- Notaries may perform electronic notarizations on documents that occur in or affect interstate commerce, provided the notary's signature and all required information is attached to the electronic record in a way that shows if anyone changes it later (Sec. 3)
- Notaries may perform remote notarizations (for people not physically present) if the person appears before the notary using communication technology that allows both parties to see and hear each other at the same time (Sec. 4)
- When performing remote notarizations, the notary must identify the person either through personal knowledge or by using at least two different third-party verification methods, or by getting a credible witness to swear they know the person's identity (Sec. 4)
- Notaries must create and keep audio and video recordings of all remote notarizations for at least 5 to 10 years depending on state law (Sec. 4)
- Federal courts must recognize notarizations performed by notaries from any state if the notarization is valid under that state's laws or this federal law (Sec. 5)
- States must recognize notarizations from notaries in other states if the notarization is valid under that other state's laws or this federal law, and the notarization either relates to a public act, record, or court proceeding of that state or affects interstate commerce (Sec. 6)
- If a remotely located person is outside the United States, the document must be intended for a U.S. court or government entity, or involve U.S. property (Sec. 4)
## WHAT CHANGES
If this bill becomes law, notaries will be allowed to notarize electronic documents and documents for people who are not in the same room, something many states currently prohibit. Federal courts will have to accept these notarizations from any state. States will have to accept notarizations from other states' notaries in more situations than they may currently be required to. Notaries will have to keep recordings of remote notarizations for many years. However, states can still create their own additional rules for notarizations as long as those rules follow the minimum standards in this bill.
## IMPORTANT DEFINITIONS
- **Communication technology:** An electronic device or process that lets a notary, the person signing remotely, and any credible witness see and hear each other at the same time during the notarization (Sec. 2)
- **Electronic record:** Not specified in bill text
- **Notarial officer:** A notary public or any other person authorized to perform a notarization under state law without being commissioned as a notary public (Sec. 2)
- **Remotely located individual:** A person who is not in the same physical location as the notary public performing the notarization (Sec. 2)
- **Personal knowledge:** Knowledge of someone's identity through enough dealing with that person to be reasonably certain they are who they claim to be (Sec. 2)
- **Credible witness:** A person who has personal knowledge of someone's identity and can swear to that fact before the notary (Sec. 4)
## EFFECTIVE DATE
Not specified in bill text
IIB
118TH CONGRESS
1ST SESSION H. R. 1059
IN THE SENATE OF THE UNITED STATES
FEBRUARY 28, 2023
Received; read twice and referred to the Committee on the Judiciary
AN ACT
To authorize notaries public to perform, and to establish
minimum standards for, electronic notarizations and re-
mote notarizations that occur in or affect interstate com-
merce, to require any Federal court to recognize
notarizations performed by a notarial officer of any
State, to require any State to recognize notarizations
performed by a notarial officer of any other State when
the notarization was performed under or relates to a
public Act, record, or judicial proceeding of the notarial
officer’s State or when the notarization occurs in or
affects interstate commerce, and for other purposes.
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Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Securing and Enabling
4
Commerce Using Remote and Electronic Notarization Act
5
of 2023’’ or the ‘‘SECURE Notarization Act of 2023’’.
6
SEC. 2. DEFINITIONS.
7
In this Act:
8
(1) COMMUNICATION TECHNOLOGY.—The term
9
‘‘communication technology’’, with respect to a nota-
10
rization, means an electronic device or process that
11
allows the notary public performing the notarization,
12
a remotely located individual, and (if applicable) a
13
credible witness to communicate with each other si-
14
multaneously by sight and sound during the notari-
15
zation.
16
(2) ELECTRONIC; ELECTRONIC RECORD; ELEC-
17
TRONIC
SIGNATURE;
INFORMATION;
PERSON;
18
RECORD.—The
terms
‘‘electronic’’,
‘‘electronic
19
record’’, ‘‘electronic signature’’, ‘‘information’’, ‘‘per-
20
son’’, and ‘‘record’’ have the meanings given those
21
terms in section 106 of the Electronic Signatures in
22
Global and National Commerce Act (15 U.S.C.
23
7006).
24
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(3) LAW.—The term ‘‘law’’ includes any stat-
1
ute, regulation, rule, or rule of law.
2
(4) NOTARIAL OFFICER.—The term ‘‘notarial
3
officer’’ means—
4
(A) a notary public; or
5
(B) any other individual authorized to per-
6
form a notarization under the laws of a State
7
without a commission or appointment as a no-
8
tary public.
9
(5) NOTARIAL OFFICER’S STATE; NOTARY PUB-
10
LIC’S STATE.—The term ‘‘notarial officer’s State’’ or
11
‘‘notary public’s State’’ means the State in which a
12
notarial officer, or a notary public, as applicable, is
13
authorized to perform a notarization.
14
(6)
NOTARIZATION.—The
term
‘‘notariza-
15
tion’’—
16
(A) means any act that a notarial officer
17
may perform under—
18
(i) Federal law, including this Act; or
19
(ii) the laws of the notarial officer’s
20
State; and
21
(B) includes any act described in subpara-
22
graph (A) and performed by a notarial officer—
23
(i) with respect to—
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(I) a tangible record; or
25
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(II) an electronic record; and
1
(ii) for—
2
(I) an individual in the physical
3
presence of the notarial officer; or
4
(II) a remotely located individual.
5
(7) NOTARY PUBLIC.—The term ‘‘notary pub-
6
lic’’ means an individual commissioned or appointed
7
as a notary public to perform a notarization under
8
the laws of a State.
9
(8) PERSONAL KNOWLEDGE.—The term ‘‘per-
10
sonal knowledge’’, with respect to the identity of an
11
individual, means knowledge of the identity of the
12
individual through dealings sufficient to provide rea-
13
sonable certainty that the individual has the identity
14
claimed.
15
(9) REMOTELY
LOCATED
INDIVIDUAL.—The
16
term ‘‘remotely located individual’’, with respect to
17
a notarization, means an individual who is not in the
18
physical presence of the notarial officer performing
19
the notarization.
20
(10) REQUIREMENT.—The term ‘‘requirement’’
21
includes a duty, a standard of care, and a prohibi-
22
tion.
23
(11)
SIGNATURE.—The
term
‘‘signature’’
24
means—
25
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(A) an electronic signature; or
1
(B) a tangible symbol executed or adopted
2
by a person and evidencing the present intent
3
to authenticate or adopt a record.
4
(12) SIMULTANEOUSLY.—The term ‘‘simulta-
5
neously’’, with respect to a communication between
6
parties—
7
(A) means that each party communicates
8
substantially simultaneously and without unrea-
9
sonable interruption or disconnection; and
10
(B) includes any reasonably short delay
11
that is inherent in, or common with respect to,
12
the method used for the communication.
13
(13) STATE.—The term ‘‘State’’—
14
(A) means—
15
(i) any State of the United States;
16
(ii) the District of Columbia;
17
(iii) the Commonwealth of Puerto
18
Rico;
19
(iv) any territory or possession of the
20
United States; and
21
(v) any federally recognized Indian
22
Tribe; and
23
(B) includes any executive, legislative, or
24
judicial agency, court, department, board, of-
25
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fice, clerk, recorder, register, registrar, commis-
1
sion, authority, institution, instrumentality,
2
county, municipality, or other political subdivi-
3
sion of an entity described in any of clauses (i)
4
through (v) of subparagraph (A).
5
SEC. 3. AUTHORIZATION TO PERFORM AND MINIMUM
6
STANDARDS FOR ELECTRONIC NOTARIZA-
7
TION.
8
(a) AUTHORIZATION.—Unless prohibited under sec-
9
tion 10, and subject to subsection (b), a notary public may
10
perform a notarization that occurs in or affects interstate
11
commerce with respect to an electronic record.
12
(b) REQUIREMENTS
OF ELECTRONIC NOTARIZA-
13
TION.—If a notary public performs a notarization under
14
subsection (a), the following requirements shall apply with
15
respect to the notarization:
16
(1) The electronic signature of the notary pub-
17
lic, and all other information required to be included
18
under other applicable law, shall be attached to or
19
logically associated with the electronic record.
20
(2) The electronic signature and other informa-
21
tion described in paragraph (1) shall be bound to
22
the electronic record in a manner that renders any
23
subsequent change or modification to the electronic
24
record evident.
25
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SEC. 4. AUTHORIZATION TO PERFORM AND MINIMUM
1
STANDARDS FOR REMOTE NOTARIZATION.
2
(a) AUTHORIZATION.—Unless prohibited under sec-
3
tion 10, and subject to subsection (b), a notary public may
4
perform a notarization that occurs in or affects interstate
5
commerce for a remotely located individual.
6
(b) REQUIREMENTS OF REMOTE NOTARIZATION.—If
7
a notary public performs a notarization under subsection
8
(a), the following requirements shall apply with respect to
9
the notarization:
10
(1) The remotely located individual shall appear
11
personally before the notary public at the time of the
12
notarization by using communication technology.
13
(2) The notary public shall—
14
(A) reasonably identify the remotely lo-
15
cated individual—
16
(i) through personal knowledge of the
17
identity of the remotely located individual;
18
or
19
(ii) by obtaining satisfactory evidence
20
of the identity of the remotely located indi-
21
vidual by—
22
(I) using not fewer than 2 dis-
23
tinct types of processes or services
24
through which a third person provides
25
a means to verify the identity of the
26
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HR 1059 RFS
remotely located individual through a
1
review of public or private data
2
sources; or
3
(II) oath or affirmation of a
4
credible witness who—
5
(aa)(AA) is in the physical
6
presence of the notary public or
7
the remotely located individual;
8
or
9
(BB) appears personally be-
10
fore the notary public and the re-
11
motely
located
individual
by
12
using communication technology;
13
(bb) has personal knowledge
14
of the identity of the remotely lo-
15
cated individual; and
16
(cc) has been identified by
17
the notary public in the same
18
manner as specified for identi-
19
fication of a remotely located in-
20
dividual under clause (i) or sub-
21
clause (I) of this clause;
22
(B) either directly or through an agent—
23
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(i) create an audio and visual record-
1
ing of the performance of the notarization;
2
and
3
(ii) notwithstanding any resignation
4
from, or revocation, suspension, or termi-
5
nation of, the notary public’s commission
6
or appointment, retain the recording cre-
7
ated under clause (i) as a notarial
8
record—
9
(I) for a period of not less
10
than—
11
(aa) if an applicable law of
12
the notary public’s State specifies
13
a period of retention, the greater
14
of—
15
(AA) that specified pe-
16
riod; or
17
(BB) 5 years after the
18
date on which the recording
19
is created; or
20
(bb) if no applicable law of
21
the notary public’s State specifies
22
a period of retention, 10 years
23
after the date on which the re-
24
cording is created; and
25
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(II) if any applicable law of the
1
notary public’s State governs the con-
2
tent, manner or place of retention, se-
3
curity, use, effect, or disclosure of the
4
recording or any information con-
5
tained in the recording, in accordance
6
with that law; and
7
(C) if the notarization is performed with
8
respect to a tangible or electronic record, take
9
reasonable steps to confirm that the record be-
10
fore the notary public is the same record with
11
respect to which the remotely located individual
12
made a statement or on which the individual ex-
13
ecuted a signature.
14
(3) If a guardian, conservator, executor, per-
15
sonal representative, administrator, or similar fidu-
16
ciary or successor is appointed for or on behalf of
17
a notary public or a deceased notary public under
18
applicable law, that person shall retain the recording
19
under paragraph (2)(B)(ii), unless—
20
(A) another person is obligated to retain
21
the recording under applicable law of the notary
22
public’s State; or
23
(B)(i) under applicable law of the notary
24
public’s State, that person may transmit the re-
25
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cording to an office, archive, or repository ap-
1
proved or designated by the State; and
2
(ii) that person transmits the recording to
3
the office, archive, or repository described in
4
clause (i) in accordance with applicable law of
5
the notary public’s State.
6
(4) If the remotely located individual is phys-
7
ically located outside the geographic boundaries of a
8
State, or is otherwise physically located in a location
9
that is not subject to the jurisdiction of the United
10
States, at the time of the notarization—
11
(A) the record shall—
12
(i) be intended for filing with, or re-
13
late to a matter before, a court, govern-
14
mental entity, public official, or other enti-
15
ty that is subject to the jurisdiction of the
16
United States; or
17
(ii) involve property located in the ter-
18
ritorial jurisdiction of the United States or
19
a transaction substantially connected to
20
the United States; and
21
(B) the act of making the statement or
22
signing the record may not be prohibited by a
23
law of the jurisdiction in which the individual is
24
physically located.
25
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(c) PERSONAL APPEARANCE SATISFIED.—If a State
1
or Federal law requires an individual to appear personally
2
before or be in the physical presence of a notary public
3
at the time of a notarization, that requirement shall be
4
considered to be satisfied if—
5
(1) the individual—
6
(A) is a remotely located individual; and
7
(B) appears personally before the notary
8
public at the time of the notarization by using
9
communication technology; and
10
(2)(A) the notarization was performed under or
11
relates to a public act, record, or judicial proceeding
12
of the notary public’s State; or
13
(B) the notarization occurs in or affects inter-
14
state commerce.
15
SEC. 5. RECOGNITION OF NOTARIZATIONS IN FEDERAL
16
COURT.
17
(a) RECOGNITION OF VALIDITY.—Each court of the
18
United States shall recognize as valid under the State or
19
Federal law applicable in a judicial proceeding before the
20
court any notarization performed by a notarial officer of
21
any State if the notarization is valid under the laws of
22
the notarial officer’s State or under this Act.
23
(b) LEGAL EFFECT
OF RECOGNIZED NOTARIZA-
24
TION.—A notarization recognized under subsection (a)
25
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shall have the same effect under the State or Federal law
1
applicable in the applicable judicial proceeding as if that
2
notarization was validly performed—
3
(1)(A) by a notarial officer of the State, the law
4
of which is applicable in the proceeding; or
5
(B) under this Act or other Federal law; and
6
(2) without regard to whether the notarization
7
was performed—
8
(A) with respect to—
9
(i) a tangible record; or
10
(ii) an electronic record; or
11
(B) for—
12
(i) an individual in the physical pres-
13
ence of the notarial officer; or
14
(ii) a remotely located individual.
15
(c) PRESUMPTION OF GENUINENESS.—In a deter-
16
mination of the validity of a notarization for the purposes
17
of subsection (a), the signature and title of an individual
18
performing the notarization shall b
[Text truncated for display. Full text available on Congress.gov.]