Laws and Updates
California Notary News:
Current updates on bills/ laws affecting CA Notary Publics
AB743 will be heard by judiciary committee on April 18th. If passed it would allow California notaries apply for registration for remote online notarizations with the California Secretary of State.
All California notaries can submit written testimony to the committee before the hearing if you are in agreement or opposition to this bill. You may submit at this link https://calegislation.lc.ca.gov/Advocates/
The deadline to submit is midnight, April 11th.
- Certified notaries are able to apply to the Secretary of State to register as an online notary public.
- After obtaining a certificate of qualification from the Secretary of State, notaries can perform online notarization in California. In some cases, online notarizations can be performed in another State or outside of the US if permitted in the jurisdiction where you are physically located.
- Clear and continuous audio and video feeds must be maintained. Using video conferencing technology will take the place of meeting with a signer in person.
- Online notaries must maintain one or more secure electronic journals in order to record each online signing they perform, including audio-video recording of notarial acts.
- Requires the county to accept tangible copies of an electronic record of electronic signatures if it contains your certification and accurately represents the notarial act.
- This bill is exempt from the California Public Records Act. It prohibits online notarization platforms from “accessing, using, sharing, selling, disclosing, producing, providing, releasing, transferring, disseminating, or otherwise communicating any of the following, absent a court order or an express written request (as defined) by the principal:
- the contents of the online notary public’s electronic journal;
- the contents of a document notarized by an online notary public;
- the contents of a record of an online notarial act;
- the personal information of a person whose signature is notarized, or whose oath or affirmation is taken, during an online notarization.
- Permits an online notarization platform to access, use, share, disclose, produce, provide, release, transfer, disseminate, or otherwise communicate the contents of a document or record of an online notarial act to the extent necessary to facilitate the transaction of which the document or record is a part, or else to comply with notarial law in California.
- Requires the Secretary of State to maintain records of online notarizations, including all electronic journal entries. These records are not accessible by the public. The Secretary of State must establish a protocol with all online notarization platforms to transfer records to the Secretary of State