The California legislature recently passed a bill that would authorize remote notarizations by California notaries. The bill was signed by the governor September 30, 2023, completing all required steps for it to become effective. However, importantly, the legislation may not be effective until as late as January 1, 2030, over six years from its passage.
The legislation requires the Secretary of State to conduct a technology project (“Technology Project”), to review the technological requirements for remote notarization, laws and rules of other states governing remote notarization, and determine appropriate regulations and rules that are necessary to enable the conduct of remote notarizations in the State of California. The bill would enable remote notarizations within the state at the completion of the Technology Project, in accordance with final rules made as part of that process, or in the event the project is not completed by the later effective date, would authorize remote notarizations on January 1, 2030. However, the effective date could be delayed if the Secretary of State indicates a year prior to the 2030 effective date that the technology project will be delayed beyond the 2030 effective date.
The new law will include some of the common, familiar requirements for remote notarization that other states have also included with their legislation. Unlike many other states though, California did not simply adopt a version of the Revised Uniform Law on Notarial Acts (published by the Uniform Law Commission). The law will require credential analysis and identity proofing, a requirement for keeping an electronic journal for a period of 10 years which may be done with the notarizing platform or another registered depository, and use of an image of the notary public’s electronic signature with an electronic notarial certificate that includes a notation that the notarial act was completed via audio-video communication technology. Remote notarization platforms and journal depositories will be required to seek approval from the secretary’s office prior to offering such services in the state, which approval cannot be sought until the Technology Project is completed.
DocMagic will continue to monitor developments with remote notarizations in California as the Secretary of State’s office proceeds through the steps for completing the required Technology Project. As developments are available, DocMagic will continue to publish updates on our website and in our newsletter.
