The Department of State, Division of Licensing Services, announced that beginning in February 2023, they would start adding electronic notary registration to go along with traditional notary registration. A notary is a certified signee/witness to documents that is often required in order for many legal documents to be filed. The difficulty in ensuring a notary is physically present when a document is signed has often caused logistical issues. For example, if the only notary at the office had to work from home because he was sick, nothing could get notarized. Thus, it is with these issues in mind that the State has started registering Electronic Notaries.
According to the Division, “Electronic Notaries are Notaries Public who are registered to electronic notarial acts. Electronic notarial acts are notarial acts performed remotely whereby the notary and the customer are physically separated but able to communicate with each other simultaneously by sight and sound using means authorized by the Secretary of State.” The “means of communication” for the use of electronic notaries will likely take place using audio video communication software like Zoom.
The Division further stated that receiving an electronic notary commission will also grant the holder the ability to provide traditional notary services as well. This means they can notarize documents in person as well as electronically.
The Division announced a few other changes, requiring that every notary, both traditional and electronic, maintain a journal of their notarial acts performed over the past 10 years. Electronic notaries will have to maintain audio and video recordings of all the electronic notarial acts they perform. One piece of good news announced by the Division is that they are in the process of implementing a new online filing system to allow better and quicker processing. Among other things, the new system will allow notaries to schedule exams and apply for commissions.