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Remote Notarization in CA: NNA update on pending bill being considered by State Legislature

The NNA’s Vice President of Government Affairs, Bill Anderson, provides an update to California Notaries about the status of the state’s remote notarization bill, AB 1093:

Assembly Bill 1093, California’s remote notarization bill, is set for a hearing in the Assembly Judiciary Committee this Thursday, January 13, 2022. I am writing to you in advance of the hearing to let you know the National Notary Association has been working hard to make AB 1093 the best bill possible for California Notaries.

The NNA would like to see remote notarization enacted in California, but it must be a bill that will work for you and all California Notaries who perform notarizations for employers, as a professional Notary, or both.

Because a remote notarization bill must be the right bill, we want you to know that we have some concerns with the shape of the bill in its current form.

  • We believe AB 1093 should not require you to incur the cost of a separate surety bond and county bond filing fee just to perform remote notarizations.
  • We believe AB 1093 should allow you to take one mandatory education course and examination on remote notarization from the education provider of your choice and not a course and examination every time you add or change remote notarization providers.
  • Because paper and remote notarial acts affect interstate and national commerce, we believe a remote notarization law in California also must work for consumers and Notaries of every state of our great nation. AB 1093 allows California Notaries to perform remote notarizations for consumers of other states, but it prevents Notaries of other states from performing remote notarizations for consumers located in California. That’s not right or fair. 

The NNA has voiced these concerns to the bill author and the author’s staff, the Assembly Judiciary Committee, and to stakeholders that include the Secretary of State, Attorney General, remote notarization platforms, and privacy rights, escrow, land title, mortgage banker, credit union, and Realtor® associations. We have worked — and will continue to work — to represent you and all California Notaries on these and other issues that will affect how you perform remote notarizations in California.

At this time, we are not asking you to do anything. We simply wanted to reach out to inform you of the discussions we’ve been having on AB 1093 and tell you how we feel about the bill. In the weeks ahead, we’ll keep you posted on how the effort is going. If we need you take action on the bill later, we’ll let you know.

If you would like to listen to the hearing, it’s on Thursday, January 13, 2022, at 9:00 a.m. Go to https://ajud.assembly.ca.gov/hearings and look for the link.

In the meantime, feel free to reach out to me at my email address below if I can assist you in any way.

Sincerely,

Bill Anderson
Vice President, Government Affairs

banderson@nationalnotary.org

View All: Laws & Regulations

36 Comments

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Stephanie

24 Aug 2023

It's August of 2023 do we have an update on Bill?

National Notary Association

28 Aug 2023

Hello. Not at this time, but we will let readers know if there are any new developments.

Reggie L

26 May 2023

Out of state RONs can do notary work in my backyard, but I can't return the favor ? Calif notaries are going to get squeezed out of business if we can't compete on equal grounds.

Shiraz Roman

06 May 2023

This is unfair. Residents of California are able to seek online notary services from any state and get their documents notarised but Notaries are not allowed to become RON if they reside in California. People around the world need flexibility. Who would want to go out and get documents notarised if online notary is available for them. California, please approve Remote Online Notary

Annette Cain

23 Mar 2023

Can you tell me if RON is still something we can look forward to in the State of California? Court Reporters are now allowed to do remote work and the courts do as well There’s so much advanced technology. Has my dream of RON in California come to an end?

National Notary Association

23 Mar 2023

Hello. Remote notarization is not authorized in California at this time. However, if this changes or new legislation for remote notarization is introduced, we will update our readers.

thendren@gmail.com

17 Feb 2023

When will we have an update on this bill?

National Notary Association

10 Mar 2023

Hello. AB 1093 died in committee. We will continue to update readers on new remote notarization legislative developments in California.

Terese

12 Jan 2023

Thank you for the update

Joshua Jones

23 Dec 2022

This bill died in California on 11/30/2022. Does anyone know why the state let this die? It is not like the pandemic is over, so the use of remote notaries should still be fairly high.

Mel

06 Oct 2022

FYI, while it is not legal for California notaries to conduct remote notarization. It IS legal for California residents to seek remote notary services elsewhere. I don't see any benefit in CA notaries not also being able to provide these services when residents can and will seek the services from other states. Notarize.com is one site that allows this and it is legal

Elyse Rivas

14 Sep 2022

When will the bill be heard again for it’s possible passing and is it being strongly considered despite the bill not passing back on January?

National Notary Association

16 Sep 2022

Hello. As of June 20, 2022, the bill remains in committee with the State Senate.

Rachel Evans

25 Aug 2022

I was just speaking to a financial advisor who had clients who needed a notary. They called a local store that provided notary service who said they don’t have an in store notary but they can go online. The advisor and his clients were connected online to a notary in Texas. The clients are sitting in CA. 1. Why is that legal? 2. Do they have the proper CA verbiage on the notarization? Each state has its own rules so how can a notary in one state notarize for someone in a different state? CA allows this? I know change is to be expected, but perhaps the change for RON would still require the CA notary to be IN California.

National Notary Association

26 Aug 2022

Hello. California Notaries are not authorized to perform remote online notarizations. For more information on remote notarization rules and procedures for other states, please see here: www.NationalNotary.org/ron

CA Notary

15 Jul 2022

Just like FedEx is offering RON. I believe the title and escrows will also hire their own W-2 hourly staff to handle ALL their RON notarizations. I believe this is a very overt act to squeeze mobile notaries out as much as possible and keep fees inside the banks, title/escrow companies, etc. As a mobile notary, RON is adding a lot of downward price pressure for the notary on the field.

Cole Frank

19 May 2022

I'm based in California and went to leave my card at the FedEx offices near me but they told me they are instructed to refer their customers to Notarize.com...how is that legal since RON is not available to California notaries?

National Notary Association

26 May 2022

Hello. While California does not authorize its Notaries to perform remote online notarizations, other states that permit RON do allow Notaries to perform remote notarizations for signers located in other states, including signers located in California.

Michele Foley

06 May 2022

Maine Governor Janet Mills recently signed LD2023, which permanently allows remote online notarization for real estate transactions in Maine. It's going to be interesting when this rolls out in CA.

Leo Gutierrez

31 Mar 2022

Was this bill passed? If so, what's the timeline before it is enacted?

National Notary Association

07 Apr 2022

Hello. The bill has not been enacted into law at present. We will continue to publish updates when we receive them.

Anthony G Scotch

22 Mar 2022

Does the Secretary of State in California have the application forms and education requirements in place to become an on line notary yet?

National Notary Association

22 Mar 2022

Hello. No, California has not yet authorized Notaries to perform remote online notarizations at present.

Robinson

11 Mar 2022

Personally I am excited for this to come to CA. I do believe there would be a dip in fees because there won't be travel, paper, toner, Fedex trips and etc. The tech and equipment would replace those costs. So yes, you'll still have costs that's with any business. You'd probably only make $50 min per signing but you could do about 8-10 of these a day. I understand for technically savvy people we're more interested than those who aren't. I get the concern. But if we can make this safe and lawful I think it would be easier on the signers, the notaries and lenders. Signing 150 pages with 2 signers for $125-$150 for 1hr and then repeat, plus the pre and post signing stuff, is not it anymore . We need to be forward thinking. RON would be a nice addition to consider.

Trang

16 Feb 2022

Looks like it passed bit SOS has to establish rules to implement it by July 2023. Meanwhile, we can still use RON from other states, is that correct?

National Notary Association

18 Feb 2022

Hello. The bill has not yet become law. We will continue to update California Notaries of any status changes. At present, California Notaries are not authorized to perform remote online notarizations.

Colleen Blake

27 Jan 2022

For those with concerns about RON's, there are currently 30 states doing it. In-person signings continue to be the mainstay, but RONs are the best way in some situations. RON platforms force a rigorous ID verification process that Includes timed KBA questions (look that up). I've been doing RONs in Washington state for nearly 2 years, and can also do in-person signings if I want. It is not the only way, but one other tool for notaries to accomplish signings. It isn't for everyone. It's not for people who are unfamiliar with computers or don't have the proper devices from which to sign, but when they do, it is one additional option.

Colleen Blake

27 Jan 2022

What is the current status of this bill?

National Notary Association

28 Jan 2022

Hello. Please see here: https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202120220AB1093

Nancy

15 Jan 2022

Using the RON platform, how can I tell whether a signer is under duress or coercion from someone off-camera? How can I tell twins (or similar looking persons) apart without being up close and personal? How can I detect fake identification without holding it in my hands? Wouldn't it make more sense for California to wait and see what problems develop with other states using RON before jumping in with both feet?

silverman

15 Jan 2022

if notaries from other states can perform our work, then what are we here for?

Kristin

14 Jan 2022

I hope this bill does not get passed. The RON platforms and services take so much of the notary pay that I just don't see how one could continue being a full time notary. At this time, it is against law to join together and set a minimum notary fee (or any fees for that matter). And too many services/companies are taking advantage of that and of notaries who don't understand the actual costs of running their business and notaries aren't making a proper fee. :( Us notaries need an advocate first that represents our best interests so that we can continue performing our jobs to the highest degree possible. Then we can discuss implementing other ways to perform notary work.

Rosalind

10 Jan 2022

If RON becomes a reality I would resign. It's not worth it. Might as well make the digital provider be the RON service provider and not an individual notary. In the age of Covid I get why digital notarizations are attractive and expedient but not something for a low level employee to juggle as a side responsibility done intermittently. It's getting too expensive to be a notary.

John Mead

10 Jan 2022

Thank you for the information, for your efforts in impacting this bill, and for your overall support of remote notarization being available to California Notaries.

Theresa

10 Jan 2022

Here are my concerns, 1. How are we to perform notarizations that require a thumbprint online? Will that law be removed from the books once online notarization is in effect? 2. How do we keep one sequential journal with some notarizations not being in person? 3. What notations for venue will be implemented. Is it the notaries venue or the signers venue? And if the signer is in another state then current law does not allow us to notarize outside of our state. We will now be able to notarize in all states? 4. Will companies who facilitate the online notarization platform have access to our confidential journal now?

Bror Monberg

10 Jan 2022

Thank you for the update and clear analysis.

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