Both state and federal laws guide the notary profession, and these regulations are frequently updated to reflect changes in technology, legal requirements, and business practices. Staying informed about the latest legal updates in notary law is essential to ensure you remain compliant and provide accurate, valid notarizations.
This article explores the most recent notary law changes, including updates on Remote Online Notarization (RON), identity verification, and new security measures. Understanding these changes will help you adapt to the evolving legal landscape and continue to offer professional notarial services.
Remote Online Notarization (RON) Expansions
In recent years, one of the most significant changes in notary law has been the widespread adoption of Remote Online Notarization (RON). Due to the increased demand for remote services, many states have enacted legislation allowing notaries to perform notarizations online using audio-visual technology.
As of 2024, over 40 states have passed laws permitting RON, with each state having specific guidelines on how notaries can perform these remote notarizations. The National Association of Secretaries of State (NASS) has developed uniform standards to guide RON practices, ensuring consistency across different states.
States Offering RON Services in 2024:
| State | RON Legislation Effective Date |
| Florida | January 1, 2020 |
| Texas | July 1, 2018 |
| California | January 1, 2023 |
| New York | February 1, 2022 |
| Illinois | July 1, 2022 |
For notaries, offering RON services can open up new opportunities, allowing you to serve clients remotely and expand your service area. However, staying current with your state’s specific RON regulations, including identity verification requirements, record-keeping obligations, and approved RON platforms, is essential.
Stricter Identity Verification Requirements
Many states have recently strengthened the requirements for verifying a signer’s identity during notarizations as part of an effort to combat fraud. These updates are particularly relevant for RON but also apply to in-person notarizations.
States now require more robust identity verification methods, such as multi-factor authentication (MFA) and enhanced credential analysis. These steps ensure the signer’s identity is verified adequately before the notarization occurs.
Identity Verification Methods for RON:
| Method | Description |
| Knowledge-Based Authentication (KBA) | Signer answers questions based on personal data |
| Biometric Verification | Use of fingerprint or facial recognition for authentication |
| Credential Analysis | ID is scanned for security features and verified |
These stricter identity verification measures ensure that notarial acts are secure and trustworthy, preventing unauthorized individuals from fraudulently using notarized documents.
New Security and Record-Keeping Requirements
As technology advances and the use of digital platforms increases, notaries are being held to higher standards of security and record-keeping. New laws have been introduced that specify how notaries must store their records, particularly for RON services.
Several states now require notaries to maintain electronic journals that log each notarization, particularly for remote online notarizations. These journals often include time-stamped video recordings of the notarization, details of the identity verification process, and encryption of sensitive data to prevent unauthorized access.
By adhering to these new security protocols, notaries can ensure that their records comply with state laws and protect client information from potential cybersecurity threats.
Updates in Continuing Education Requirements
Several states have introduced continuing education requirements to ensure that notaries stay informed about legal changes and best practices. These regulations ensure that notaries are equipped to handle the evolving responsibilities of their role, particularly with the introduction of new technologies like RON.
For example, California now requires notaries to complete a mandatory three-hour RON training course before offering remote notarization services. Other states like New York and Illinois have implemented similar ongoing education requirements to keep notaries current on the latest regulations and standards.
New Privacy Regulations
With the increase in digital notarizations, privacy concerns have become a top priority for lawmakers. Recent updates in notary law include stricter privacy regulations designed to protect the personal information of both notaries and signers.
Some states now limit the time notaries can store notarized documents and personal data. After the mandatory retention period, the data must be securely destroyed. For remote notarizations, notaries must obtain explicit consent from signers before recording the notarization process, ensuring signers are aware of how the recordings will be stored and used.
Stay Compliant and Informed with Regular Legal Updates
Keeping up with the latest legal updates in notary law is essential to ensure that your notarial practices comply with state regulations and are secure for your clients. With new changes surrounding RON, identity verification, security, and privacy regulations, it’s more important than ever for notaries to stay informed.
For more information on recent legal updates and how they may affect your notary practice, visit the Notary Public Association. These resources will help you stay informed and ensure your business complies with current laws.
