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Minnesota Updates Notary Laws Regarding Remote Online Notarization Registration, Electronic Notarial Acts, and Use of Official Notarial Stamp

by the American Association of Notaries

On May 17, 2024, the Minnesota Governor signed House File 4772 into law, making significant updates to the state’s notary laws. These changes, which took effect on August 1, 2024, primarily focus on remote online notarization, electronic notarizations, and official notarial stamps. Here’s what notaries and the public need to know about the new notary laws.

Key Changes in Minnesota’s Notary Laws

House File 4772 introduces several important modifications:

1. Remote Online Notarization Registration

House File 4772 requires notaries, before performing remote online notarizations, to register their capability to perform notarial acts pursuant to Minnesota Statutes 358.645 with the Minnesota Secretary of State. Additionally, notaries must certify that they intend to use communication technology that conforms to Minnesota Statutes 358.645.

2. Secretary of State to Maintain a Database of Notaries

The house file requires the secretary of state to maintain an electronic database of notaries who are authorized to perform notarial acts on electronic records. Anyone may use this database to verify if a notary is authorized to perform such notarial acts.

3. Start and End Dates to Perform Electronic Notarial Acts

The new house file clarifies that if a notary is registered to perform electronic notarial acts, their term of registration to perform such acts begins on the registration starting date set by the secretary of state and continues as long as they hold a valid notary commission. This provision simplifies the process for notaries by aligning their registration to perform electronic notarial acts with their existing notary commissions.

4. Use of Official Notarial Stamps

House file 4772 also provides clarity on the use of notary stamps. If a notary stamp complied with the necessary requirements when it was issued, it may continue to be used for the remainder of the notary’s current commission term, even if the rules regarding stamp specifications change. This section applies retroactively from January 1, 2024, providing a smooth transition for notaries.

 

Click here to read the full text of the house file.

Notary Law Updates

Legal Disclaimer: The American Association of Notaries is committed to providing accurate and up-to-date information. However, it is important to note that the information provided on this page is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and do not guarantee the accuracy, completeness, or reliability of the information provided. It is your responsibility to know the appropriate notary laws governing your state. You should always seek the advice of a licensed attorney for any legal matters. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, or expenses, howsoever arising, including, and without limitation, direct or indirect loss, or consequential loss, out of or in connection with the use of the information contained on any of the American Association of Notaries website pages. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions. 

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