Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023

Securing and Enabling Commerce Using Remote and Electronic 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 s 1212, also known as the Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023, aims to modernize the notarization process by allowing for remote and electronic notarization. This bill seeks to make it easier for individuals to have their documents notarized without the need for in-person meetings with a notary public.

The bill outlines the requirements and procedures for remote and electronic notarization, 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 notarized documents to ensure their security and authenticity.

Proponents of the bill argue that remote and electronic notarization will streamline the notarization process, making it more convenient and accessible for individuals, especially those in rural or underserved areas. They also believe that this modernization will help prevent fraud and improve the efficiency of transactions that require notarized documents. Opponents of the bill express concerns about the potential for fraud and security breaches with remote and electronic notarization. They worry that the use of technology may make it easier for individuals to falsify documents or impersonate others during the notarization process. Overall, the Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023 aims to bring the notarization process into the digital age, balancing the need for convenience and accessibility with the importance of security and authenticity in legal transactions.