What does Preamble of SECURE Notarization Act of 2025 do?

This bill aims to authorize notaries public to perform electronic and remote notarizations. It establishes 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 related to a public act or affecting 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 used throughout the Act. “Communication technology” refers to devices or processes enabling simultaneous audio-visual communication during a notarization. Terms like 'electronic,' 'electronic record,' and 'electronic signature' are defined by reference to section 106 of the Electronic Signatures in Global and National Commerce Act. A 'notarial officer' can be a notary public or another individual authorized to perform notarizations under state law. “Notarization” encompasses acts performed by notarial officers under federal or state law, whether involving tangible or electronic records and individuals present physically or remotely. “Remotely located individual” refers to someone not physically present with the notarial officer. “Signature” can be an electronic signature or a tangible symbol demonstrating intent to authenticate a record. “Simultaneously,” in the context of communication, means substantially concurrent communication without unreasonable interruption. “State” includes U.S. states, territories, and federally recognized Indian Tribes, as well as their political subdivisions.

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

This section authorizes notary publics to perform electronic notarizations that occur in or affect interstate commerce, unless prohibited under section 10. Electronic notarizations performed under this section must include the notary public's electronic signature and other information required by applicable law. The electronic signature and associated information must be bound to the electronic record in a way that makes any changes or modifications evident.

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 through personal knowledge or by using at least two distinct identity verification processes. Notaries are required to create and retain an audio and visual recording of the notarization for a specified period (at least 5 years, or 10 years if no state law specifies a retention period). If a notary public is deceased or their commission is revoked, a fiduciary or successor may be responsible for retaining the recording. For individuals located outside the United States, the notarization must relate to a matter subject to U.S. jurisdiction or involve property or transactions connected to the U.S. If a state or federal law requires personal appearance, this requirement is satisfied if the individual appears remotely via communication technology and the notarization relates to a public 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 involved a tangible or electronic record, or 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 (notary public, judge, clerk, or deputy clerk) conclusively establishes the officer's authority to perform the notarization.

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

This section requires each state to recognize notarizations performed in another state as valid under its own laws. A notarization is valid if it is valid under the laws of the notarial officer's state or under this Act, and either relates to a public act of the officer's state or affects interstate commerce. Notarizations recognized under this section have the same legal effect as if performed by a notarial officer within the recognizing state, regardless of the record type (tangible or electronic) or the location of the individual (present or remote). The signature and title of a notarial officer are considered prima facie evidence of a genuine signature and designated title in any state court or judicial proceeding. The signature and title of certain notarial officers (notary public, judge, clerk, or deputy clerk) conclusively establishes their authority to perform the notarization.

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

This section states that nothing in the Act may be construed to require a notary public to perform a notarization with respect to an electronic record. The Act prohibits requiring a notary public to perform a notarization for a remotely located individual. Notaries are not required to use a technology they have not selected under this Act.

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

This section establishes that a notary public's failure to meet requirements under sections 3 or 4 does not invalidate a notarization. The Act's provisions regarding notarizations do not prevent an aggrieved person from seeking other legal remedies based on state or federal law. Aggrieved persons may seek to invalidate a record or transaction subject to notarization based on grounds such as lack of intent, incompetence, fraud, or forgery. This section clarifies that state laws governing 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 and 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 or alternative 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 requires 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, even if inconsistent with those sections.

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SECURE Notarization Act of 2025

Last updated: 5/1/2025 · Introduced: 5/1/2025

Author: Kevin Cramer (R-ND)

TL;DR (AI)

This bill authorizes notaries public to perform electronic and remote notarizations, establishing minimum standards for these services when they occur or affect interstate commerce.
It mandates that federal courts recognize notarizations performed by notarial officers from any state, ensuring broader acceptance of notarized documents.
States are required to recognize notarizations performed in other states, provided they relate to a public act or affect interstate commerce.
The bill establishes requirements for remote notarizations, including the use of communication technology, identity verification, and the creation of audio-visual recordings for a specified period.
Notaries are prohibited from representing themselves as legal advisors or providing immigration assistance, and states retain the authority to regulate notary practices and commissions.

119th Congressin committeeHR. 1777(In Committee)Official page

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

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