On March 18, 2020, Senate Bill 3533, the Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2020 (the “SECURE Act”), was introduced as bipartisan legislation to authorize and establish minimum standards for electronic and remote notarizations that occur in or affect interstate commerce. A substantially identical version of the bill was introduced in the House on March 23, 2020 as H.R.6364. If the SECURE Act becomes law in its current form, it will authorize every notary in the US to perform remote online notarizations (RON) using audio-visual communications and tamper-evident technology in connection with interstate transactions.
Currently, there are 28 states that have enacted some form of remote online notarization (RON) law: Alaska, Arizona, Colorado, Florida, Hawaii, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Dakota*, Tennessee, Texas, Utah, Vermont, Virginia, Washington, and Wisconsin. [updated October 22].
The basic components of each state’s RON law are to:
- Allows notarial acts to be completed using audio-video communication, including acts where the signer is located outside the state in which the notary is authorized to operate.
- Require that the notary authenticate the person signing; and
- Require recording of the audio-video communication.
For more details about state emergency actions, visit the National Notary Association’s State Notary Laws Updates.