SECURE Notarization Act of 2023

Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023 or the SECURE Notarization Act of 2023

This bill allows a notary public commissioned under state law to remotely notarize electronic records and perform notarizations for remotely located individuals. The bill provides technical requirements for the notarizations, including the creation and retention of video and audio recordings and the use of communication technologies (i.e., video chat).

Additionally, the bill requires U.S. courts and states to recognize notarizations—including remote notarizations of electronic records and notarizations of remotely-located individuals—that occur in or affect interstate commerce and are performed by a notary public commissioned under the laws of other states.

The bill also allows a notary public to remotely notarize electronic records involving an individual located outside of the United States, subject to certain requirements.

Bill 118 HR 1059, also known as the SECURE Notarization Act of 2023, aims to modernize and streamline the notarization process in the United States. The bill seeks to allow notaries to perform remote online notarizations, which would enable individuals to have their documents notarized without physically being present with the notary.

The bill outlines specific requirements for remote online notarizations, including the use of secure technology to verify the identity of the individual seeking notarization. It also establishes guidelines for the storage and retention of electronic notarization records to ensure security and authenticity.

Additionally, the SECURE Notarization Act of 2023 includes provisions to protect against fraud and misuse of remote online notarization services. Notaries would be required to undergo training and certification to perform remote online notarizations, and there would be penalties for notaries who engage in fraudulent activities. Overall, the bill aims to make the notarization process more convenient and accessible for individuals while maintaining the integrity and security of notarized documents. It seeks to bring notarization practices in line with modern technology and provide a framework for the use of remote online notarizations in a secure and reliable manner.