Today's Law As Amended


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AB-1093 Remote online notaries public.(2021-2022)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) Notarization is a key part of the real estate transaction process. Through notarization, a notary verifies the identity of the signer of a document.
(b) California notaries serve as the vital component of everyday life ensuring trusts, wills, power of attorneys, and financial transactions can be completed.
(c) Since the coronavirus (COVID-19) pandemic many individuals have chosen to use remote online notarization and avoid in person notarizations as a socially distanced alternative.
(d) Under current law, Californians who wish to have their documents notarized can use notaries in another state that currently allows remote online notarization leaving California-based notaries at a disadvantage.
(e) California needs to ensure that our California-based notaries are on the same footing as their counterparts in other states.
(f) States across the country have enacted remote online notarization legislation that allows for closing documents to be notarized without requiring all individuals to be physically present in the same room.
(g) Remote notarization is an established process that can allow the notarization of essential documents without physical presence.
(h) It is the intent of the Legislature to allow notaries public to apply for registration as a remote online notary public.

SEC. 2.

 The heading of Article 1 (commencing with Section 8200) is added to Chapter 3 of Division 1 of Title 2 of the Government Code, to read:

Article  1. Notaries Public

SEC. 3.

 Article 2 (commencing with Section 8231) is added to Chapter 3 of Division 1 of Title 2 of the Government Code, to read:

Article  2. California Notary Protection Act
8231.
 This act shall be known, and may be cited, as the California Notary Protection Act.
8231.1.
 (a) A notary public may apply for registration with the Secretary of State to be a remote online notary public.
(b) A remote online notary public is a notary public for purposes of Article 1 (commencing with Section 8200), and in order to become a remote online notary public, the person is required to also be a notary public pursuant to Article 1.
8231.2.
 The Secretary of State may adopt rules necessary to implement this article.