e Notarization The Premise, The Promise, The Reality, The Future A presentation at the 2012 Annual Conference of the Electronic Signature and Records Association November 2012. The Premise. A notary is a notary is a notary, no matter what pen is used to notarize.
The Premise, The Promise,
The Reality, The Future
A presentation at the
2012 Annual Conference of the
Electronic Signature and Records Association
SECTION 11 --- If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other appli-cable law, is attached to or logically associated with the signature or record.
“This section permits a notary … to act electronically … [T]his Act … simply allows the signing and information to be accomplished in an electronic medium.”
Uniform Electronic Transactions Act (UETA)
NOTARIZATION AND ACKNOWLEDGMENT
If a statute, regulation, or other rule of law requires a signature or record relating to a transaction…to be notarized, that requirement is satisfied if the electronic signature of the person authorized to perform those acts…is attached to or logically associated with the signature or record.
Electronic Signatures in Global and National Commerce Act (ESIGN)
More Uniform Laws…
Official and Unofficial Position Statements
States that permit eNotarization today
States that have mandatory enrollment programs
State initiatives that are just a little different
States that say NIMBY (Not in my back yard!)
States that have not even considered the possibility
It is difficult, if not impossible, to find someone in state government:
The typical notary appointing authority either does not understand the technology or does not believe their current systems will accommodate the technology.
80% of notaries are employed by someone who will pick the eNotary technology for them.
Do you understand how an ATM works?
Do you care how it works as long as you get your money?
Why does eNotarization need to be more difficultthan getting money from an ATM?
Why do we call this concept “eNotarization” or “electronic notarization?” Why does it need a special moniker?
eNotarization is no more than a standard arm’s-length notarization executed using an electronic process instead of a pen to create a signature.
The notary’s surety bond and E&O insurance underwriters have taken the stance that there is no need for an amended or additional coverage for electronically completed notarial acts.
De facto industry standard
An agreement with the state appointing authorities
Perhaps we need a different conversation?
A public or private entity drives the adoption of a solution across industries and markets.
Will ESRA be that champion?