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The National Association of Secretaries of State disagree with you, including in the following public report "Issues and Trends in State Notary Regulation: NAS

by mchusma 14y ago

The National Association of Secretaries of State disagree with you, including in the following public report "Issues and Trends in State Notary Regulation: NASS Report on State Notarization Policies and Practice" found here: http://www.nass.org/index.php?option=com_content&view=article&id=226&Itemid=469 http://www.nass.org/index.php?option=com_content&view=ar... Key Quotes Regarding electronic notarization: “New state and federal laws, such as the 2000 Electronic Signatures in Global and National Commerce Act (E-SIGN), authorize every state-commissioned notary in the nation to use electronic signatures in performing official acts.” Regarding Out Of State Acceptance “State laws...already recognize the validity of out-of-state notarizations, the state and federal evidence rules that recognize notarial acts as self-authenticating, and the Full Faith and Credit Clause of the U.S. Constitution.” States would have to pass legislation against online notarization to prevent its acceptance. Several states have put out warnings, including the state of California. This notice was published prior to the legal change and has apparently not been reviewed by state counsel. We have received clarification, consistent with all communication from other states, that they are only concerned with online notarization conducted by their notaries.

rprasad 14y ago
The National Tobacco Association claims that cigarretes aren't cancerous. The secretaries of state license notaries, so this is no different than an interested trade group pushing the economic interests of its members. Despite the NASS stance on out-of-state notarization, the states themselves, and the courts, actually get to decide whether an out-of-state notarization can be used in the jurisdiction. Many routinely reject out-of-state notarizations which fail to satisfy the standards for notarizations within that state. (Federal courts are different--they will accept notarizations if the notarization would be valid under the laws of the forum state.)
- mchusma 14y ago
  Comparing the Association of Secretaries of State to the Tobacco lobby is misleading. The Secretaries of State represent the state, and their opinion that out-of-state notarizations are valid everywhere means the regulators are saying they think this is true. In other words, in your tobacco analogy, Secretaries of State are closer to the FDA than the Tobacco Association.
tzs 14y ago
> The National Association of Secretaries of State disagree with you, including in the following public report "Issues and Trends in State Notary Regulation: NASS Report on State Notarization Policies and Practice" found here: http://www.nass.org/index.php?option=com_content&view=ar.. http://www.nass.org/index.php?option=com_content&view=ar.... > Key Quotes Regarding electronic notarization: “New state and federal laws, such as the 2000 Electronic Signatures in Global and National Commerce Act (E-SIGN), authorize every state-commissioned notary in the nation to use electronic signatures in performing official acts.” You are misunderstanding the issue California and other states have with electronic notarization. As the document you cite notes, but you appear to have overlooked: As previously mentioned, all states require that an individual seeking to have a document electronically notarized appear in person before the notary at the time of notarization. Colorado’s law specifically emphasizes that electronic notarization is not remote notarization–the signer must appear in the presence of the notary and swear, affirm, or acknowledge the electronic document being notarized. The laws that have made electronic signatures valid in many contexts, including notarization, just deal with using electronic signatures to replace paper signatures and other physical records. For instance, again from the document you cited: Therefore, UETA permits a notary public and other authorized officers to act electronically, effectively removing the stamp/seal requirements. However, it does not eliminate any of the other requirements of notarial laws. The process of notarization remains the same under UETA. Only the technology used to make a signature is different. More: Under the NASS electronic notarization standards, RULONA, and the most recent version of the Model Notary Act, an electronic notarization must meet the same basic standards as a paper-based notarization. The traditional components remain present, including the notary certificate, the notary signature and the notary seal information. In most states, the signer must still appear before the notary public face to face in the same room. Requiring personal appearance allows a notary to interact with and affirm the identity of the signer, ensuring that he or she is authorized to sign and is not doing so under duress.

by mchusma 14y ago

rprasad 14y ago

The National Tobacco Association claims that cigarretes aren't cancerous. The secretaries of state license notaries, so this is no different than an interested trade group pushing the economic interests of its members. Despite the NASS stance on out-of-state notarization, the states themselves, and the courts, actually get to decide whether an out-of-state notarization can be used in the jurisdiction. Many routinely reject out-of-state notarizations which fail to satisfy the standards for notarizations within that state. (Federal courts are different--they will accept notarizations if the notarization would be valid under the laws of the forum state.)

mchusma 14y ago
Comparing the Association of Secretaries of State to the Tobacco lobby is misleading. The Secretaries of State represent the state, and their opinion that out-of-state notarizations are valid everywhere means the regulators are saying they think this is true. In other words, in your tobacco analogy, Secretaries of State are closer to the FDA than the Tobacco Association.

tzs 14y ago

> The National Association of Secretaries of State disagree with you, including in the following public report "Issues and Trends in State Notary Regulation: NASS Report on State Notarization Policies and Practice" found here: http://www.nass.org/index.php?option=com_content&view=ar.. http://www.nass.org/index.php?option=com_content&view=ar.... > Key Quotes Regarding electronic notarization: “New state and federal laws, such as the 2000 Electronic Signatures in Global and National Commerce Act (E-SIGN), authorize every state-commissioned notary in the nation to use electronic signatures in performing official acts.” You are misunderstanding the issue California and other states have with electronic notarization. As the document you cite notes, but you appear to have overlooked: As previously mentioned, all states require that an individual seeking to have a document electronically notarized appear in person before the notary at the time of notarization. Colorado’s law specifically emphasizes that electronic notarization is not remote notarization–the signer must appear in the presence of the notary and swear, affirm, or acknowledge the electronic document being notarized. The laws that have made electronic signatures valid in many contexts, including notarization, just deal with using electronic signatures to replace paper signatures and other physical records. For instance, again from the document you cited: Therefore, UETA permits a notary public and other authorized officers to act electronically, effectively removing the stamp/seal requirements. However, it does not eliminate any of the other requirements of notarial laws. The process of notarization remains the same under UETA. Only the technology used to make a signature is different. More: Under the NASS electronic notarization standards, RULONA, and the most recent version of the Model Notary Act, an electronic notarization must meet the same basic standards as a paper-based notarization. The traditional components remain present, including the notary certificate, the notary signature and the notary seal information. In most states, the signer must still appear before the notary public face to face in the same room. Requiring personal appearance allows a notary to interact with and affirm the identity of the signer, ensuring that he or she is authorized to sign and is not doing so under duress.