Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2020

Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2020

This bill allows a notary public commissioned under state law to remotely notarize electronic records and requires recognition of notarizations performed under the laws of other states.

Under the bill, a notary public may remotely notarize electronic records occurring in or affecting interstate commerce if (1) the individual and the notary public are able to electronically communicate by sight and sound simultaneously (i.e., by video chat); (2) the notary verifies the individual's identity and records the notarization; and (3) the notarization complies with other requirements, such as those relating to the attachment of a stamp or seal to the electronic record.

Additionally, the bill allows a notary public to remotely notarize electronic records involving an individual located outside of the United States, subject to certain requirements.

The bill also requires U.S. courts and states to recognize notarizations, including remote notarizations of electronic records, that occur in or affect interstate commerce and are performed by a notary public commissioned under the laws of other states.