Online Notarization In California Could Happen Before January 1, 2030

Effective January 1, 2024, California Senate Bill 696 brings major changes to notary practices, allowing for online notarization. Although the bill went into effect on this date, it will not be fully implemented until the California Secretary of State certifies that the necessary technology is in place. This could happen any time before January 1, 2030.

Key Features of Senate Bill 696

1. Online Notarization

This bill allows California notaries to perform notarial acts remotely through an online notarization system. Notaries will use an online notarization system to verify the identity of signers in real-time, providing convenience for clients located in different parts of the state, the U.S., or even abroad, as long as local laws permit the act.

2. Electronic Notary Signature and Seal

The bill requires a notary public to attach or logically associate the notary public’s electronic signature and electronic seal to an electronic online notarial certificate of an electronic record in a manner that is capable of independent verification and makes evident any tampering or subsequent change or modification to the electronic record.

3. Security and Retention of Remote Online Notarization Audio-Video Recording

The bill requires the notary public and the online notarization platform to encrypt all audio-video communication and to take reasonable steps to ensure that the audio-video communication used in an online notarization is secure from unauthorized interception. The notary public is required to retain each audio-video recording created as required by Section 8231.6 of the Government Code for at least 10 years after the performance of the notarial act documented in the audio-video recording, regardless of the notary public’s current authorization status to perform online notarizations.

4. Notary Journal

Pursuant to rules and regulations established by the California Secretary of State, a notary public must record each online notarial act performed in one tangible sequential journal and one or more secure electronic journals. An electronic notary journal must be maintained on an encrypted storage device or encrypted online media that is accessed by the notary public with secure multifactor means of authentication. A backup of the electronic journal shall be made immediately after new information is added to the electronic journal.

This bill marks a significant step in modernizing notarization practices in California, making it easier for residents to complete important transactions remotely.

Click here to read the full bill. Effective January 1, 2024, California Senate Bill 696 brings major changes to notary practices, allowing for online notarization.