NASS eNotarization Implementation Guide ("iGuide") Version 1.0, Adopted February 18, 2017
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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.
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View the iGuide...
NASS National Electronic Notarization Standards—Harmonizing Technology and the Fundamental Tenets of Notarial Acts
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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.
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Notarization's Fundamental Tenets Are Preserved in Electronic Notarial Acts
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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 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.
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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).
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RULONA addresses the performance of notarial acts related to 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).
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RULONA allows a notarial officer to select one or more tamper evident technologies for the performance of notarial acts involving electronic records. A notarial officer cannot be required to use a technology other than one the notarial officer selected. For notaries public, if the commissioning officer has set standards for technology, any technology selected must conform to those standards.
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An important hallmark of the RULONA is that its provisions are technology-neutral, meaning that it neither prescribes the use of any particular tamper evident technology, nor accords greater legal status or effect to the implementation or application of a specific technology or technical specification.
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RULONA also allows the commissioning officer to establish rules for implementation of the Act, and guidelines for the formation of rules related to electronic records.*
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Most recently, the ULC updated the RULONA to include provisions dealing with performance of a notarial act for a remotely-located signer by means of audio-visual communications technology (remote online notarization).
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Uniform Law Commission's Revised Uniform Law on Notarial Acts
RULONA Overview and Legislative Enactments:
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RULONA PDF - Final Act with Drafter's Comments:
NASS National Electronic Notarization Standards
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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, most recently amended and readopted on February 19, 2018, 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.
(Scroll down for information on Remote Online Notarization)
RULONA and Electronic Notarization, Remote Online Notarization
Guiding Principles for Remote Notarization Standards, Version 7-9-17
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As the concept of remote notarization garners more attention and interest, many organizations, in both the public and private sectors, are searching for leadership, clarification, and direction. This document focuses on fundamental issues that have been raised by various interested parties and identifies underlying principles that should be considered as states move forward into this new environment.
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These Guiding Principles are not intended or confine the scope of issues and related matters to be contemplated in any standards that may be developed.
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View the Guiding Principles....
