The California Senate recently passed SB 696, which would authorize a notary public to perform online notary acts by means of audio-video communication. The bill was advanced out of the Senate Appropriations Committee, meeting a crucial deadline needed to continue moving through the legislative process. It has passed the Senate and is now with the Assembly. The bill would allow for notaries to perform online notarizations for a principal located in California, in another state if the act is not prohibited in the jurisdiction in which the principal is physically located, and outside of the United States if the act is not prohibited in the jurisdiction in which the principal is located.
Notable requirements under the bill include:
- Notary publics to register with the secretary of state to perform online notarizations.
- Entities must register with the secretary of state to act as an online notarization platform or depository. Additionally, the bill would create civil right of action against online notary platforms or depositories, with each individual breach of duty treated as a separate violation.
- Manufacturers or vendors of the notary public’s electronic seal must apply to the secretary of state to be assigned an identification number.
- Notary publics would be required to keep a secure electronic journal for online notarial acts that is capable of providing both physical and electronic copies of an entry. The electronic journal must be maintained on an encrypted storage device or encrypted online media that requires multifactor authentication.
- Electronic notarial certificates must be in a specified form and signed under penalty of perjury.
- The bill creates a misdemeanor for an online notary public who willfully fails or refuses to deliver notarial records to the secretary of state within 30 days of resigning, being disqualified or having an expired registration.
If passed into law, the bill would require the California Secretary of State to develop an application for registration and establish rules for implementation by January 1, 2025. DocMagic will provide additional updates regarding the status of the bill as more information becomes available.
