SECURE Notarization Act of 2025

Key Points

• The bill allows notaries to perform notarizations remotely using video and audio technology for people who are not physically present. It sets minimum identity verification standards, requiring at least two distinct types of identity checks or a credible witness.
• Every state and federal court would be required to accept notarizations performed by a notarial officer from any other state, as long as the notarization is valid under that officer's home state law or this Act. This removes a major headache for people doing business or handling legal matters across state lines.
• To prevent fraud, notaries performing remote notarizations must create and keep an audio and video recording of each session for at least 5 to 10 years, depending on state law. Electronic signatures must be bound to documents so that any tampering is detectable.
• The bill bans notaries from falsely advertising themselves as legal experts or immigration consultants. It specifically prohibits the use of the term "notario" or "notario publico" unless the notary is a licensed attorney, targeting a common scam that misleads Spanish-speaking immigrants.
• States can still set their own additional rules for remote and electronic notarization, as long as those rules are consistent with the federal minimum standards. No notary is forced to adopt the new technology or perform remote notarizations.

Votes

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