White Papers • eNotarization Implementation Guide • Substantial Inclusion of NASS Standards • Active States • Legal Framework • eNotarization Solution Vendors • Demo Link • RULONA and Electronic Notarization
NASS National Electronic Notarization Standards– Harmonizing Technology and the Fundamental Tenets of Notarial Acts
The NASS Standards provide a thoughtful blueprint for reliable and trusted technology-assisted notarial acts, while preserving the fundamental principles that have made notarization an essential element of document execution for centuries.
Notarization’s Fundamental Tenets Are Preserved in Electronic Notarial Acts
The assurances provided by the fundamental tenets of traditional “paper” notarization are so important that most U.S. states actively enabling or allowing electronic notarization require strict adherence to them. These tenets are strongly upheld and advanced by the National Electronic Notarization Standards, promulgated by the National Association of Secretaries of State.
With the purpose of promoting secure and feasible implementation of electronic notarization, the National Association of Secretaries of State created standards for electronic notarization in 2006. These standards, reaffirmed in 2011, do not specify a particular technology. They are offered for voluntary adoption by each state. States may opt to adopt the full standards, or selected parts.
NASS eNotarization Implementation Guide (“iGuide”) Version 1.0, Adopted February 18, 2017
The iGuide, a work product of the Notary Public Administrators Section of NASS, is offered to Notary Public commissioning authorities, and others involved in the eNotarization implementation process, as a tool for development of overall program objectives and related strategies. The iGuide is meant to facilitate decision-making affecting the implementation process, and contribute to more widespread enactment of electronic notarization.
NASS eNotarization Standards Substantially Reflected in Enacting States’ Laws, Rules
The statutes and regulations of most states that allow notaries to notarize electronically substantially reflect the NASS National Electronic Notarization Standards, illustrating their influence as an authoritative resource.
View an online demonstration of an electronic notarization vendor's e-notarization process. This link is provided for reference only; it is not an endorsement of any single vendor solution. http://youtu.be/ZTYxCrHryTk
RULONA and Electronic Notarization
The Revised Uniform Law on Notarial Acts, adopted by the Uniform Law Commission (www.uniformlaws.org) in 2010, advances electronic notarization by applying its provisions equally to both tangible (paper) and electronic records (documents).
RULONA covers and applies to all notarizations of both tangible and electronic records, and harmonizes treatment of notarization of electronic records with the Uniform Electronic Transactions Act (1999), the federally enacted Electronic Signatures in Global and National Commerce Act (2000), and the Uniform Real Property Electronic Recording Act (last amended in 2005).
RULONA allows a notarial officer to select one or more tamper evident technologies for the performance of notarial acts for electronic records. A notarial officer may not be required to use a technology other than one that they have selected. For notaries public, if the commissioning authority has set standards for technology, any technology that they select must conform to those guidelines.
RULONA also allows the commissioning authority to establish rules for the implementation of the act, and guidelines for the formation of rules related to electronic records.*
CLICK HERE to view The Revised Uniform Law on Notarial Acts.
*Source, Uniform Law Commission, www.uniformlaws.org Note: In 2016, the Uniform Law Commission adopted a new (bracketed) section of the RULONA that will allow notaries public in enacting states to utilize audio/video communications technology to notarize for individuals located outside of the United States.