Online Notarizations Available in Five States

e-Notarization in Five States: What’s Next…Snapchat?

Texas recently passed HB 1217, joining Virginia, Montana, Ohio, and Nevada in allowing online electronic notarizations. The bill, to be effective January 1, 2018, allows for the commissioning of online notary publics and directs the secretary of state to develop rules to maintain electronic notarization standards. Online electronic notarizations will require the notary to verify the identity of a person creating an electronic signature at the time that the signature is taken by using two-way video and audio conference technology.

Identity may be verified by: (1) personal knowledge, or (2) remote presentation of a government-issued identification credential, credential analysis, and identity proofing. The bill limits online notarizations to documents, transactions, or signers that are tied to Texas. Examples include, but are not limited to, documents involving Texas real estate, documents that will be filed with a Texas court, and signers who are in the state at the time of the notarization. The online notary public must keep an electronic record of all electronic documents notarized for at least five years.