Current law requires an individual who wishes to have a document notarized to appear personally before the notary public. The bill authorizes notaries public to perform a notarial act on behalf of an individual who is not in the notary's physical presence, but only with respect to an electronic document.
To perform a "remote notarization", a notary must use an electronic system that conforms to standards established by rules of the secretary of state, including using real-time audio-video communication. The bill establishes the standards that a notary must comply with to have satisfactory evidence of the identity of the individual seeking the remote notarization.
A notary and the operator of a remote notarization system are prohibited from using personal information collected during a remote notarization for any purpose other than completing the notarial act or as necessary to effect, administer, enforce, service, or process the notarized document for its intended purpose.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)