In a world where paperwork is as endless as a line at the DMV, notaries hold a special place. They are the unsung heroes of the legal world, the ones who authenticate our signatures and give us that all-important stamp of approval. But what happens when the notary industry meets the digital age? Enter the SECURE Notarization Act, a legislation that promises to revolutionize the way notaries do business. Today, we’re diving deep into the murky waters of this act to unravel its purpose and implications.
Understanding the SECURE Notarization Act
Before we embark on this journey, let’s take a moment to appreciate the acronym “SECURE.” Doesn’t it make you feel all warm and fuzzy inside? Well, it should, because it stands for “Securing and Enabling Commerce Using Remote and Electronic Notarization Act.” I know, it’s a mouthful, but this is reality, folks.
The SECURE Notarization Act aims to bring the notary process into the 21st century by allowing for remote and electronic notarization. No more schlepping to the notary’s office and waiting in line with other desperate souls. Instead, you can now notarize your documents from the comfort of your own home while wearing your pajamas and eating a bucket of fried chicken. Okay, maybe not the fried chicken part, but you get the idea.
What is the SECURE Notarization Act?
The “Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023” (SECURE Notarization Act) was introduced in the 2023 Congress in February. It would authorize Notaries nationwide to perform IPENs and RONs if the notarization occurs in or affects interstate commerce, even if the Notary’s home state does not have in-person electronic or remote online notarization laws on the books.
How will the Act affect Notaries if it becomes law?
If the Act becomes law, Notaries in states without in-person electronic or remote online notarization laws would have blanket authorization to perform IPENs and RONs exclusively for transactions involving interstate commerce. Notaries in states that have existing IPEN and RON laws would continue to perform these notarizations under the authority of their state law. The Act would further set minimum federal standards for performing technology-based notarizations. For in-person electronic notarizations, Notaries would be required to attach or logically associate their electronic signature and all other required information to the electronic record (for example, the Notary’s printed name, commission expiration date, and electronic seal) in a manner that produces evidence of any change after the notarization is performed.
For remote online notarizations, the remotely located signer would have to personally appear at the time of notarization before the Notary Public using communication technology. Notaries must identify a remotely located signer through (1) at least 2 distinct processes or services to verify the identity of the remotely located signer, (2) the oath or affirmation of a credible witness who is either physically present before the Notary or present before the Notary using communication technology, or (3) the Notary’s personal knowledge. In addition, Notaries would have to create and retain a recording of the notarization and confirm that the signer’s statement and/or signature was made on the same document that was notarized.
What are Some States Directly Affected?
If enacted, the SECURE Notarization Act may preempt the in-person electronic or remote online notarization laws of states that do not contain the minimum standards in the Act, affecting how Notaries in preempted states perform these notarizations. Two examples are Alabama and South Dakota. Alabama’s law does not conform to the minimum identification standards under the SECURE Notarization Act. South Dakota’s law does not require the Notary or the Notary’s agent to create and maintain a recording of each remote notarization. In addition, state laws giving greater legal effect to the implementation or application of a specific technology or technical specification would be preempted by the Act. This could require states to rewrite their laws.
What’s the current status of the Act?
It was introduced on February 17, 2023, passed the U.S. House of Representatives on February 27, and is currently in the U.S. Senate and assigned to the Senate Committee on the Judiciary. If you’d like to read more about the bill, Congress.gov has information on the SECURE Notarization Act’s current text and status.
Does BlueNotary support or oppose the SECURE Notarization Act?
BlueNotary has not taken a position on the SECURE Notarization Act. BlueNotary believes in making the Remote Online Notarization as Secure and Simple for signers as possible. While these matters traditionally have been determined individually by each state, federal jurisdiction could clean up a lot of confusion in the industry.
Critics argue that the SECURE Notarization Act could open the floodgates for fraud. After all, how can you be sure that the person on the other end of the internet is actually who they say they are? It’s like that time you thought you were talking to Tom Hanks on Twitter, but it turned out to be your weird neighbor pretending to be a famous actor. Trust me, it wasn’t pretty.
However, proponents of the act argue that it includes robust security measures to prevent fraudulent activities. We’re talking about multi-factor authentication, tamper-evident technology, and even the use of artificial intelligence to detect suspicious behavior. It’s like having Sherlock Holmes as your personal bodyguard, but instead of solving mysteries, he’s safeguarding your notarized documents.
How Secure is the SECURE Act?
Let’s delve deeper into the security measures provided by the SECURE Notarization Act. Multi-factor authentication, for instance, ensures that the person attempting to notarize a document is indeed who they claim to be. This can involve a combination of something the individual knows (like a password or PIN), something they have (such as a fingerprint or smart card), or something they are (like biometric data). By requiring multiple factors of authentication, the act significantly reduces the risk of impersonation or unauthorized access.
But what about the integrity of the documents being notarized? That’s where tamper-evident technology comes into play. With the use of advanced cryptographic techniques, the SECURE Notarization Act ensures that any changes or alterations made to a document after it has been notarized will be easily detectable. This provides an additional layer of protection against fraud and tampering, giving both individuals and businesses peace of mind.
With these robust security measures in place, the SECURE Notarization Act aims to strike a balance between convenience and trust. It empowers individuals and businesses to notarize documents remotely and electronically, saving time and effort, while ensuring the integrity and authenticity of the notarized documents. So, the next time you need to notarize an important contract, you can do so with confidence, whether you’re lounging on a beach or sitting in your favorite coffee shop.
Tracking the Progress of the SECURE Notarization Act
Updates on the Current Status of the Legislation
As of this moment, the SECURE Notarization Act is still in the legislative pipeline, wading its way through the murky waters of bureaucracy. It has garnered support from both sides of the political spectrum, which is about as rare as finding a unicorn riding a unicycle. But as we all know, the world of politics is a wild beast, and nothing is certain until the ink has dried on the final draft.
So, my fellow notaries, keep your eyes peeled and your notarial stamps ready. The SECURE Notarization Act could be coming to a courthouse near you sooner than you think.
Perspectives on the SECURE Notarization Act
Last but not least, let’s dive into the diverse perspectives surrounding the SECURE Notarization Act. Because, let’s face it, not everyone sees eye-to-eye on this digital revolution of notarial proportions.
Notary Views on the Proposed Law
Unsurprisingly, notaries are split into two camps when it comes to the SECURE Notarization Act. On one side, we have the tech-savvy notaries who embrace the change like a kid in a candy store. They see it as an opportunity to grow their business, expand their horizons, and finally ditch that hideous fax machine that’s been collecting dust in the corner.
On the other side, we have the skeptics who fear the rise of digital notarization will render their traditional notary skills obsolete. They worry that the human touch, the personal connection between notary and client, will be lost in the world of pixels and algorithms. It’s like replacing a warm hug with an emoji—it just doesn’t have the same effect.
But fear not, dear notaries. Change is the only guarantee in life, and embracing it with open arms is the key to survival in this ever-evolving world. So, whether you’re a tech guru or a die-hard traditionalist, remember that the notary profession is here to stay. You may be notarizing with a smartphone or a quill, but the importance of your role remains unchanged.
Industry Views on the Proposed Law
Statement from Renée Hunter, General Counsel of Notarize, supporting the SECURE Notarization Act:
“As RON continues to grow in popularity, the benefits of the SECURE Notarization Act are clear. The legislation will provide greater clarity around remote notarizations and ensure that minimum standards are applied equally across all 50 states. It is important that the Act establish a floor while giving states the flexibility to implement additional standards — a crucial component of a state’s role in regulating Notaries Public. SECURE will guarantee that Notaries nationwide can access RON and give the people they serve the confidence they deserve when traveling or doing business between states. While Notarize is committed to working with each state on implementing RON, companion legislation at the federal level is needed to deliver these important protections.”
Statement from Timothy Reiniger, Director, Reiniger LLC, opposing the SECURE Notarization Act:
“If enacted in its current form, the SECURE Act will cause serious damage to the notarial profession in the United States. By preventing (or preempting) states from setting technology performance requirements and, in effect, shifting technology determinations to the private sector, Notaries will be subject to using the multiple proprietary technology platforms and fee structures of the banking, land title insurance, and legal services industries. It is far more economical for Notaries to be able to select just one interoperable standards-based state technology that all sectors must recognize.”
SECURE Conclusions
And there you have it, folks. The SECURE Notarization Act is like a roller coaster ride: thrilling, full of twists and turns, and occasionally inducing bouts of nausea. It promises a future where notaries can globe-trot in their virtual offices and serve clients from every corner of the world. But with this thrilling future comes concerns about security, fraud, and the potential loss of human touch in an increasingly digital world.
So, my dear notaries, prepare yourselves for the winds of change. Update your digital skills, embrace the power of multi-factor authentication, and get ready to notarize from the comfort of your favorite pajamas. The SECURE Notarization Act is the dawn of a new era, and you have a front-row seat. Buckle up, my friends, and enjoy the wild ride ahead!
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