What does Preamble of SECURE Notarization Act of 2025 do?

This bill, formally titled H.R. 1777, aims to authorize notaries public to perform electronic and remote notarizations. It seeks to establish minimum standards for these electronic and remote notarizations that occur in or affect interstate commerce. The bill requires federal courts to recognize notarizations performed by notarial officers of any state. It also mandates that states recognize notarizations performed by notarial officers of other states under specific conditions, including when the notarization relates to a public act or affects interstate commerce.

What does SHORT TITLE. of SECURE Notarization Act of 2025 do?

This bill is formally titled the Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2025.

What does DEFINITIONS. of SECURE Notarization Act of 2025 do?

This section defines terms related to notarization and electronic communication. It establishes meanings for terms such as 'communication technology', 'notarial officer', and 'notarization'. The definitions apply to various aspects of notarization, including electronic records and remotely located individuals.

What does AUTHORIZATION TO PERFORM AND MINIMUM STANDARDS FOR ELECTRONIC of SECURE Notarization Act of 2025 do?

A notary public may perform electronic notarization in interstate commerce. Electronic notarization requires attachment of the notary's electronic signature. The electronic signature must be bound to the record to prevent tampering.

What does AUTHORIZATION TO PERFORM AND MINIMUM STANDARDS FOR REMOTE of SECURE Notarization Act of 2025 do?

This section authorizes notaries public to perform remote notarizations that occur in or affect interstate commerce, unless prohibited by section 10. Remote notarizations require the remotely located individual to appear before the notary public using communication technology. Notaries must reasonably identify the remotely located individual using personal knowledge or satisfactory evidence, including at least two distinct verification processes or a credible witness. Notaries are required to create and retain an audio and visual recording of the notarization for a minimum of 5 or 10 years, depending on state law. If a notary public is deceased or incapacitated, a fiduciary or successor may be responsible for retaining the recording, unless another entity is obligated or the state approves transmission to an archive. If the remotely located individual is outside the U.S. or its jurisdiction, the record must be intended for filing with a U.S. entity or involve property/transactions connected to the U.S. A personal appearance requirement for notarizations is satisfied if the individual is remotely located and appears via communication technology, and the notarization relates to a state act or affects interstate commerce.

What does RECOGNITION OF NOTARIZATIONS IN FEDERAL COURT. of SECURE Notarization Act of 2025 do?

This section requires courts of the United States to recognize notarizations as valid if they are valid under the laws of the notarial officer's State or under this Act. A recognized notarization shall have the same legal effect as if it were validly performed by a notarial officer of the applicable State or under Federal law, regardless of whether it was performed with a tangible or electronic record, or with an individual physically present or remotely located. The signature and title of a notarial officer are considered prima facie evidence that the signature is genuine and the officer holds the designated title. The signature and title of certain notarial officers, including notaries public, judges, clerks, and deputy clerks, conclusively establishes their authority to perform notarizations.

What does RECOGNITION BY STATE OF NOTARIZATIONS PERFORMED UNDER AUTHORITY of SECURE Notarization Act of 2025 do?

This section requires each State to recognize as valid any notarization performed by a notarial officer of another State under certain conditions. The notarization must be valid under the laws of the notarial officer's State or under this Act. Recognized notarizations have the same effect as if performed by a notarial officer of the recognizing State. The section applies to both tangible and electronic records, and to notarizations performed for individuals in physical presence or remotely located. It establishes a presumption of genuineness for the signature and title of the notarial officer.

What does ELECTRONIC AND REMOTE NOTARIZATION NOT REQUIRED. of SECURE Notarization Act of 2025 do?

This section clarifies that the Act does not mandate notaries public to perform notarizations involving electronic records. The Act prohibits requiring notaries to perform notarizations for individuals who are remotely located. Notaries are not required to use specific technologies for notarization under this Act.

What does VALIDITY OF NOTARIZATIONS; RIGHTS OF AGGRIEVED PERSONS NOT of SECURE Notarization Act of 2025 do?

This section addresses the validity of notarizations under the Act. Failure to meet requirements does not invalidate a notarization. Aggrieved persons can seek remedies under State or Federal law. State laws on the practice of law are not affected by this Act.

What does EXCEPTION TO PREEMPTION. of SECURE Notarization Act of 2025 do?

This section outlines an exception to preemption regarding State laws. A State law can modify, limit, or supersede sections 3 or 4 if it meets specific conditions. One condition is adoption of the Revised Uniform Law on Notarial Acts (2018 or 2021), but modifications are preempted if inconsistent or not permitted under subparagraph (B). Alternatively, a State law can specify additional procedures for electronic notarizations or remotely located individuals, provided they are consistent with sections 3 and 4 and do not favor specific technologies. The law mandates the retention of audio and visual recordings of remote notarizations for at least 5 years. Section 5 or 6 cannot preclude recognition of a notarization under applicable State law, regardless of consistency with those sections.

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SECURE Notarization Act of 2025

Last updated: 3/3/2025 · Introduced: 3/3/2025

Author: Cliff Bentz (R-OR)

TL;DR (AI)

This bill authorizes notaries public to perform electronic and remote notarizations, establishing minimum standards for these services when they occur in or affect interstate commerce.
It mandates that federal courts recognize notarizations performed by notarial officers of any state, ensuring broader acceptance of notarized documents.
States are required to recognize notarizations performed by notarial officers of other states, provided the notarization is valid under the originating state's laws or this Act.
The bill permits states to adopt or modify their laws regarding electronic notarization and remote notarization, including adopting the Revised Uniform Law on Notarial Acts, as long as they do not contradict the core provisions of the Act.
Notaries public are required to create and retain audio and visual recordings of remote notarizations for a minimum of five years, with potential extensions based on state law.

119th Congressin committeeS. 1561(In Committee)Official page

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Includes provisions on preamble, short title., and 10 more.

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