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

3/13/2024, 8:07 PM

Summary of Bill S 1212

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.

Congressional Summary of S 1212

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.

Current Status of Bill S 1212

Bill S 1212 is currently in the status of Bill Introduced since April 19, 2023. Bill S 1212 was introduced during Congress 118 and was introduced to the Senate on April 19, 2023.  Bill S 1212's most recent activity was Read twice and referred to the Committee on the Judiciary. as of April 19, 2023

Bipartisan Support of Bill S 1212

Total Number of Sponsors
2
Democrat Sponsors
0
Republican Sponsors
2
Unaffiliated Sponsors
0
Total Number of Cosponsors
22
Democrat Cosponsors
12
Republican Cosponsors
10
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill S 1212

Primary Policy Focus

Law

Alternate Title(s) of Bill S 1212

Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023A bill to authorize notaries public to perform, and to establish minimum standards for, electronic notarizations and remote notarizations that occur in or affect interstate commerce, 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 notarial officer's State or when the notarization occurs in or affects interstate commerce, and for other purposes.
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