Sec. 6503. Authorization to perform and minimum standards for remote notarization
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/bill/117/hr/4350/eh/section-6503·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Unless prohibited under section 6109, and subject to subsection (b), a notary public may perform a notarization that occurs in or affects interstate commerce for a remotely located individual. If a notary public performs a notarization under subsection (a), the following requirements shall apply with respect to the notarization: The remotely located individual shall appear personally before the notary public at the time of the notarization by using communication technology. The notary public shall— reasonably identify the remotely located individual— through personal knowledge of the identity of the remotely located individual; or by obtaining satisfactory evidence of the identity of the remotely located individual by— using not fewer than 2 distinct types of processes or services through which a third person provides a means to verify the identity of the remotely located individual through a review of public or private data sources; or oath or affirmation of a credible witness who— is in the physical presence of the notary public or the remotely located individual; or appears personally before the notary public and the remotely located individual by using communication technology; has personal knowledge of the identity of the remotely located individual; and has been identified by the notary public under clause
(i)or subclause
(I)of this clause; either directly or through an agent— create an audio and visual recording of the performance of the notarization; and notwithstanding any resignation from, or revocation, suspension, or termination of, the notary public’s commission or appointment, retain the recording created under clause
(i)as a notarial record— for a period of not less than— if an applicable law of the notary public’s State specifies a period of retention, the greater of— that specified period; or 5 years after the date on which the recording is created; or if no applicable law of the notary public’s State specifies a period of retention, 10 years after the date on which the recording is created; and if any applicable law of the notary public’s State govern the content, manner or place of retention, security, use, effect, or disclosure of such recording or any information contained in the recording, in accordance with those laws; and if the notarization is performed with respect to a tangible or electronic record, take reasonable steps to confirm that the record before the notary public is the same record with respect to which the remotely located individual made a statement or on which the individual executed a signature. If a guardian, conservator, executor, personal representative, administrator, or similar fiduciary or successor is appointed for or on behalf of a notary public or a deceased notary public under applicable law, that person shall retain the recording under paragraph (2)(B)(ii), unless— another person is obligated to retain the recording under applicable law of the notary public’s State; or under applicable law of the notary public’s State, that person may transmit the recording to an office, archive, or repository approved or designated by the State; and that person transmits the recording to the office, archive, or repository described in clause
(i)in accordance with applicable law of the notary public’s State. If the remotely located individual is physically located outside the geographic boundaries of a State, or is otherwise physically located in a location that is not subject to the jurisdiction of the United States, at the time of the notarization— the record shall— be intended for filing with, or relate to a matter before, a court, governmental entity, public official, or other entity that is subject to the jurisdiction of the United States; or involve property located in the territorial jurisdiction of the United States or a transaction substantially connected to the United States; and the act of making the statement or signing the record may not be prohibited by a law of the jurisdiction in which the individual is physically located. If a State or Federal law requires an individual to appear personally before or be in the physical presence of a notary public at the time of a notarization, that requirement shall be considered to be satisfied if— the individual— is a remotely located individual; and appears personally before the notary public at the time of the notarization by using communication technology; and the notarization was performed under or relates to a public act, record, or judicial proceeding of the notary public’s State; or the notarization occurs in or affects interstate commerce.