© 2018 Georgia Superior Court Clerks’ Cooperative Authority© 2018 Georgia Superior Court Clerks’ Cooperative Authority
Modernization of A Centuries-Old Office The Notarial Act
Atlanta, GA ∙ September 28, 2018
Sponsored by:
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
Why Are Documents Notarized?
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
Why Are Documents Notarized?
• To deter fraud. An impartial witness (the Notary)ensures that the signer(s) of documents are who theysay they are and not impostors
• The Notary makes sure that signers have entered into agreements knowingly and willingly
In a society in which business dealingsbetween strangers are the norm rather than theexception, Notaries create a trustworthy environment where strangers are able to share documents with full confidence in their authenticity.
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
The Notary Public’s Charge
Notaries must be impartial, which means they must never refuse to serve, or to discriminate in their quality of service, based of an individual’s race, nationality, religion, politics, sexual orientation or status as a non‐customer. As representatives of the state, Notaries must perform their official duties with respect and seriousness for the public service role they play as a trusted, impartial witness.
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
2018 NOTARY BILLS
Considered a Notary bill in 2018 Did not consider a Notary bill in 2018 Not in session in 2018
RI
DC
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
MOST NOTARY BILLS (2018)
1413
1110
76 6 6 6 6 6 6
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
NOTARIZATIONPaper Electronic
Traditional Electronic Remote/Online
Signer’s Physical Presence Required Physical Presence or byAudio-VideoTechnology
Signer Personally Known
ID Documentsor
Credible Witness (whereallowed)
“Identify Proofing”*Knowledge‐basedauthentication;
credentialanalysis,etc.*NotMontana;VAdiffers
Wet ink signature, ink-stamp
Electronic, “tamper-evident” signature.Seal info usually satisfies seal image requirement
but some states require image.
Standard certificate formats recommended, no indication if paper
or electronic notarizationVenue:notary’scommissioningstate
Certificate wording indicates remote performanceVenue:notary’s
commissioningstate
Recordkeeping not uniformly required(paperandenotary)
Additional audio-videorecording of notarization
session required
Trainingnot uniformly required
Training required in some states
Trainingseen as desirable
Notary must be physically located in commissioning state.
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
“R” NOTARIZATION STANDARDS
January2017
July 2016
February2018
Summer 2018
December 2017
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
https://nass.org/sites/default/files/remote%20notarization/remote-notarization-guiding-principles.pdf
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
Guiding Principles for Creation of Remote Notarization Standards
APPLICABILITY Existing remote notarization enactments differ on allowing paper notarial transactions to be performed remotely, and on the specific notarial duties that may be performed remotely.
JURISDICTIONExisting remote notarization enactments have raised questions about multiple aspects of jurisdiction
IDENTIFICATION OF PRINCIPALExisting remote notarization enactments differ in their treatment of methods for identifying principals
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
Guiding Principles for Creation of Remote Notarization Standards
TECHNOLOGY REUTRALITYExisting remote notarization enactments do not dictate use of specific remote notarization solutions or platforms. Instead, they provide technology performance metrics that can be met by solution providers. This promotes uniformity in baseline capabilities of remote notarization technologies, while providing for marketplace diversity and choice.
SECURITY OF REMOTE NOTARIZATIONS Remote notarization has raised general questions about transactional security. Remote notarization participants must be assured of reasonable transactional security.
ADMINISTRATIVE RULES Administrative rules provide additional details and requirements that clarify how notaries public and technology providers may function compliantly under enacting laws.
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
CLICK TO EDIT MASTER TITLE STYLENOTES ON“E”LEGISLATION
• Michigan: In addition to its “r” bill, theSecretary of State carried a separate“e”bill that haspassedthe House.
• Arizona: Repealed its prior “e” laws andrequires the Secretary of State to adoptnew“e”rules.
• Massachusetts:Proposes to establishanElectronicNotarizationStudyCommission.
• Maryland: Enacted the Uniform RealPropertyElectronicRecordingAct, allowingNotaries to notarize “e” real propertyrecords.
• Missouri: Also had extensive “e”provisions based on the NNA’s ModelNotaryAct included in its failed “r” bills.
© 2018 Georgia Superior Court Clerks’ Cooperative Authority
Resources
National Association of Secretaries of State (NASS)https://nass.org/initiatives/remote‐electronic‐notarization‐task‐force
Notary Public Administrators (NPA)http://www.npa‐section.com/electronic‐notarization.html
Uniform Law Commission (ULC)http://www.uniformlaws.org/Committee.aspx?title=Notarial%20Acts
© 2018 Georgia Superior Court Clerks’ Cooperative Authority© 2018 Georgia Superior Court Clerks’ Cooperative Authority
© 2018 Georgia Superior Court Clerks’ Cooperative [email protected] (404) 327‐9753
