Physical Presence - The Foundation of ALL Notarial Acts
Enotarization and Presence Requirement |
To Our Members and All Notaries: |
There is considerable discussion within the notary community about requirements for electronic notarization, specifically whether a notary may perform an electronic notarization without the personal/physical presence of the signer. This year, as last year, the Commonwealth of Virginia’s General Assembly is considering legislation that would eliminate the personal/physical presence requirement for electronic notarizations under certain circumstances. We also know of business entities, today, that are promoting “online notary services” that appear to ignore the personal/physical presence requirement. American Society of Notaries believes that no state has authorized the performance of electronic notarizations without the personal/physical presence of the signer before the notary. The traditional fundamentals of the notarial act, including personal/physical presence of the signer, are required whether the transaction is electronic or on paper. We also believe that the personal/physical presence of the signer before the notary must continue to be a requirement for electronic notarizations. In every notarial act, notaries carefully assess certain information and carry out actions that are rooted in personal, physical contact with the signer. The integrity of the notary’s witnessing act in paper and electronic transactions is founded on performance of these essential assessments and actions:
Only after these essential assessments of identification, comprehension and free will are made will the notary take the signer’s acknowledgment, or administer an oath/affirmation, and complete the proper notarial certificate. The certificate language for these notarial acts does not differentiate between a paper-based or electronic transaction… there is no need for differentiation since all the requirements for a paper-based notarial act apply to an electronic act, including that of the signer’s personal/physical presence. American Society of Notaries urges all notaries to exercise careful judgment if asked to perform an electronic notarization. First, be sure that electronic notarization is authorized in your state, and be knowledgeable of any specific guidance available to you in your state’s statutes or rules. Finally, know that physical presence of the signer before you is an absolute requirement for a lawful notarial act, be it a paper or electronic transaction. If you have any questions at all, do not hesitate to contact us. We will continue to report to our members and all notaries about this important issue. Thank you. ASN Board of Directors Questions, comments? Email Kathleen@asnnotary.org or call, 850-671-5164. |
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