Electronic notarization and eSignatures have been catching the attention of lawmakers in 2014. Here is a list of new eNotarization laws and programs enacted in the past seven months:
South Dakota and Utah: Both states have enacted the Uniform Real Property Electronic Recording Act (South Dakota Senate Bill 68 and Utah Senate Bill 79). The bills allow Notaries to use electronic signatures in notarizing electronic real property documents. Both laws create commissions to develop technical standards to implement eNotarization and render electronic documents resistant to tampering. South Dakota’s law took effect on July 1 and Utah’s law takes effect July 1, 2015.
Washington: An administrative rule that took effect June 29 clarifies that eNotarization of a real property record must be performed either by a Washington state Notary Public or another person authorized to do so by the laws of a jurisdiction outside Washington.
West Virginia: The Secretary of State’s office issued an administrative rule detailing guidelines for performing electronic notarizations; the criteria for an electronic Notary certificate, seal, and eSignature; and requirements for keeping an electronic journal of notarial acts.
Pennsylvania: House Bill 1429, which takes effect in January 2015, allows powers of attorney executed and notarized electronically to be recorded in the same way as a paper document under the Uniform Real Property Electronic Recording Act.
More information on new bills and laws relating to eNotarization and eSignature can be found at the new searchable Law Updates database at NationalNotary.org.
David Thun is the Assistant Managing Editor with the National Notary Association.