The SECURE Notarization Act Update

One set of large changes for the notary industry is potentially on the horizon with the SECURE Notarization Act. It is a federal bill that allows remote online notarization in all fifty states.

It is now sitting on the desks of the Senate’s Committee on the Judiciary. Originally introduced on May 1st, 2025, the bill is still in committee.

What Does the SECURE Notarization Act Contain?

Simply, it requires all fifty states to honor notarizations from any state, getting rid of the hodge podge of laws across all fifty states and federally regulating remote online notarization (RON).

It does not invalidate state laws. It just requires minimum standards that all notaries and service providers have to meet. For example, under the SECURE Notarization Act it requires all fifty states to require keeping video and audio recordings of the signing for five years. If a state requires more than that, let’s say seven years, the notary is still bound to state laws in that regard.

Communication Solutions

So, what technology is required to meet the SECURE Notarization Act?

It does not affect the provider of the service, just some minimum requirements they may or may not have to meet. For example, it does not require that a service keep the video recordings themselves. They may require the notary to download a copy of the video for records. (Not that anyone is doing that, just an example)

It doesn’t stop a notary from using their own technology. Though that seems like a lot of work for one notary to do.

Our First Minimum Standards of the SECURE Notarization Act

We already mentioned video record retention needing to be at least five years, but there are a few requirements, many quite basic (or already done) that a notary needs to keep up with.

Firstly, what is described as a “Communication Technology” is defined.

(1) COMMUNICATION TECHNOLOGY.—The term “communication technology”, with respect to a notarization, means an electronic device or process that allows the notary public performing the notarization, a remotely located individual, and (if applicable) a credible witness to communicate with each other simultaneously by sight and sound during the notarization.

The bill does not require the witness to be in the room with the notary or signer. They may be in a third location as long as the technology still meets the requirement of being able to see the notary and signer, and also allows them to be able to communicate by sight and sound.

A signature does not necessarily have to be electronic. It also allows for a tangible symbol by the signer that indicates they have intent to authorize a signing.

The electronic signature is bound to the record of the signing. It cannot be changed. Updates can be added, but they cannot replace the original record.

How to Reasonably Determine the Identity of the Signer?

Of course, the identity of the signer must be established.

This can be done in two ways. Firstly, if the notary has personal knowledge of the identity of the remotely located individual.

Secondly, and the more likely solution, is something in tech that is called Multi-Factor Identification. You’ve most likely already experienced this with your web accounts, like banking or others. You know when you have to get a verification code to your phone or email after you use your password.

Basically, it means you need at least two methods to identify the signer. It also requires a third party service is used to verify identity. This may also be done by oath of a credible witness. They may:

• Be in the physical presence of the signer or notary.
• Appear using the communication technology, as well as establish identity through direct personal knowledge of the notary, or by using their own Multi Factor Identification.

What if the Notary Assigns a Successor or Passes Away?

A notary may assign a successor, which may take different forms in different states. Like a conservator, administrator or other based on state law.

If the notary does not assign a successor, they are still responsible for retaining video records.

This rule is bypassed if:

• State law requires someone else to keep the recordings.
• If the state has an archive, office or repository, the recordings and records may be transferred to those institutions applicable to state law.

What if a Signer is Located Outside the United States?

This rule applies to two situations:

• If a signer is located outside the geographic boundaries of a state
• A signer is physically located in a place not under the territorial jurisdiction of the United States

In this case the notarial record must:

• Be intended to be filed in an institution that is subject to the territorial jurisdiction of the United States
• Involve property located in the United States, or is a transaction connected substantially to the United States

The signing cannot be performed if it is prohibited by law in the location the signer is physically located.

What About Legal Proceedings?

Any court in the United States must recognize remote online notarizations. The act by the notary must be within state laws or the minimum regulations required by the SECURE Notarization Act.

If a document is recognized in court the process is hazy, but we’ll try to make it a little more simple.

If a notarization is done in accordance with the law the following apply:

• It is to be recognized by the by the court as it was validly performed.
• A notarization shall have the same laws in effect under the laws of the recognized state.
• The signing is presumed valid and is presumed as key evidence.
• If the person performing the notarial act is found valid, it holds authority in court proceedings.

How About Aggrieved People?

While the notarization is still presumed valid, there are situations under the law that a person not attached to a signing still has rights.

There are a litany of situations where this can happen. This mainly affects fraud and forgery, but also has other cases. We won’t go through them all, but we’ll give you a couple more examples.

If the notarized document was not intended to be executed on the record. There are cases where someone may be deemed to be incompetent or a signing is done under duress.

Many of the others have to do with different types of fraud, the most prevalent in the news being illegal transfer of title to houses, as well as validating political things, such as signatures for a ballot initiative.

False Advertising and State Standards

We’ve talked a lot about notarios and states’ attempts to limit or ban them. These people try to offer things like immigration services or give legal advice when they do not have the authority to do so.

The SECURE Notarization Act bans people like notarios or others that offer advice they are not legally allowed to.

A notary may not, under any circumstances, engage in false or deceptive advertising or offering of services.

A Bi-Partisan Solution

It is good to see that members of both parties are working together to create and lobby for this bill. But, it has been stuck in committee for a little over a year now.

While it seems like a no brainer, the law can move slowly. Or stall altogether. But, just because a bill is stuck in a committee for a year does not mean it won’t hit the floor and pass. They could just be negotiating a specific portion of the bill, or for whatever reason, has not come to a vote yet.

If and when the bill moves to the floor, or receives major changes, we’ll be sure to follow up for you.

We’d like to remind you that we are not lawyers, so don’t take our word as gospel. While we work diligently to ensure our facts are right, there is always a chance our reporting may have misstated a specific detail. If you feel the need please consult an attorney if you want legal advice on how this law may affect you.

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