S. 1561 — SECURE Notarization Act of 2025

This section establishes definitions for purposes of the Act, incorporating the meanings of "electronic," "electronic record," "electronic signature," "information," "person," and "record" from section 106 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7006) and defining 12 additional terms including "communication technology" (i.e., an electronic device or process allowing a notary public, remotely located individual, and credible witness to communicate simultaneously by sight and sound), "notarization," "notarial officer," "remotely located individual," and "State" (which includes federally recognized Indian Tribes and their political subdivisions).

This section authorizes a notary public to perform electronic notarizations with respect to an electronic record in or affecting interstate commerce, unless prohibited under section 10. Such notarizations must meet requirements that (1) the notary's electronic signature and other information required by applicable law be attached to or logically associated with the record, and (2) such signature and information be bound to the record in a manner rendering any subsequent change or modification evident.

This section authorizes a notary public to perform a notarization for a remotely located individual in or affecting interstate commerce, subject to minimum requirements including (1) personal appearance of the individual before the notary via communication technology; (2) reasonable identification of the individual by personal knowledge, at least two distinct third-party identity verification processes or services, or a credible witness; (3) creation and retention by the notary (or successor fiduciary) of an audio-visual recording of the notarization for at least 5 years (if specified by state law) or 10 years (otherwise); and (4) confirmation that the record presented matches the one signed. If the remotely located individual is outside U.S. jurisdiction, the record must relate to a U.S. court, entity, property, or transaction and not be prohibited by local law. This section further provides that personal appearance requirements under state or federal law are satisfied by remote appearance via communication technology if the notarization involves a public act of the notary's state or occurs in or affects interstate commerce.

This section requires each U.S. court to recognize as valid, under applicable state or federal law in a judicial proceeding, any notarization performed by a notarial officer of any state if valid under that state's laws or this Act. Such recognized notarizations have the same legal effect as if performed by a notarial officer of the applicable state or under federal law, regardless of whether on a tangible or electronic record or for an individual in the officer's physical presence or located remotely. The officer's signature and title constitute prima facie evidence of genuineness and designated title, and conclusively establish authority if the officer is a notary public, judge, clerk, or deputy clerk of that state.

This section requires each state to recognize as valid any notarization performed by a notarial officer of another state if (1) the notarization is valid under the laws of the officer's state or this Act and (2) it relates to a public act, record, or judicial proceeding of that state or occurs in or affects interstate commerce. Recognized notarizations have the same legal effect in the recognizing state as if performed by a local notarial officer, regardless of whether they involve tangible or electronic records or in-person or remote individuals. The section establishes a presumption of genuineness for the officer's signature and title (prima facie evidence in state courts) and provides conclusive evidence of authority for notaries public, judges, clerks, or deputy clerks of the issuing state.

This section specifies that nothing in the Act may be construed to require a notary public to perform a notarization (1) with respect to an electronic record, (2) for a remotely located individual, or (3) using a technology that the notary public has not selected.

This section provides that the failure of a notary public to comply with requirements under sections 3 or 4, or a notarization's nonconformity therewith, does not impair the notarization's validity or recognition. The section further clarifies that (1) such validity does not prevent aggrieved persons from seeking to invalidate the underlying record or transaction, or other remedies, under state or federal law other than this Act (e.g., for lack of intent to authenticate, incompetence, fraud, forgery, or duress); and (2) nothing in the Act affects state laws governing, authorizing, or prohibiting the practice of law.

This section establishes an exception to federal preemption, allowing a state law to modify, limit, or supersede federal standards for remote online notarization (sections 3 and 4(a), (b)) if the state law (1) enacts or adopts the Revised Uniform Law on Notarial Acts, as approved by the National Conference of Commissioners on Uniform State Laws in 2018 or 2021 (with state modifications preempted to the extent inconsistent with those federal standards or favoring specific technology), or specifies additional or alternative technology-neutral procedures for notarizing electronic records or remotely located individuals that are consistent with those standards; and (2) requires retention of audio-visual recordings of remote notarizations for at least 5 years. This section clarifies that federal recognition standards (sections 5 and 6) do not preempt state law recognition of notarizations.

This section preserves state authority, and that of state notarial regulatory officials, to (1) adopt requirements of this Act as state duties or standards of care and sanction notaries for breaches; (2) establish qualifications for, or deny/revoke/suspend/impose conditions on, notary commissions; (3) create classes of commissions or require endorsements for authority to perform electronic or remote notarizations; and (4) prohibit notaries from performing notarizations under section 3 (electronic notarizations) or section 4 (remote notarizations) as sanctions for breaches or misconduct. This section prohibits a notary from performing a notarization under section 3 or 4 if (1) the notary's state requires a special class of commission or endorsement for electronic or remote notarizations and the notary lacks it; (2) a state regulatory official has prohibited the notary as a sanction; or (3) the notary has engaged in false or deceptive advertising (e.g., using "notario" or "notario publico" unless the notary is a licensed attorney, or advertising authority to draft legal records, give legal advice, act as an immigration consultant, represent in immigration proceedings, or receive compensation for such activities). For notarizations under section 4, a record executed by the remotely located individual attesting to the notary's disclosures of these prohibitions and lack of violations conclusively establishes the notary's compliance.

This section establishes a severability clause providing that if any provision of the Act, or its application to any person or circumstance, is held invalid or unconstitutional, the remainder of the Act and its other applications remain in effect.