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(II) if any applicable law of the 
notary public’s State governs the con-
tent, manner or place of retention, se-
curity, use, effect, or disclosure of the 
recording or any information con-
tained in the recording, in accordance 
with that law; and 
(C) if the notarization is performed with 
respect to a tangible or electronic record, take 
reasonable steps to confirm that the record be-
fore the notary public is the same record with 
respect to which the remotely located individual 
made a statement or on which the individual ex-
ecuted a signature. 
(3) If a guardian, conservator, executor, per-
sonal representative, administrator, or similar fidu-
ciary or successor is appointed for or on behalf of 
a notary public or a deceased notary public under 
applicable law, that person shall retain the recording 
under paragraph (2)(B)(ii), unless— 
(A) another person is obligated to retain 
the recording under applicable law of the notary 
public’s State; or 
(B)(i) under applicable law of the notary 
public’s State, that person may transmit the re-
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cording to an office, archive, or repository ap-
proved or designated by the State; and 
(ii) that person transmits the recording to 
the office, archive, or repository described in 
clause (i) in accordance with applicable law of 
the notary public’s State. 
(4) If the remotely located individual is phys-
ically located outside the geographic boundaries of a 
State, or is otherwise physically located in a location 
that is not subject to the jurisdiction of the United 
States, at the time of the notarization— 
(A) the record shall— 
(i) be intended for filing with, or re-
late to a matter before, a court, govern-
mental entity, public official, or other enti-
ty that is subject to the jurisdiction of the 
United States; or 
(ii) involve property located in the ter-
ritorial jurisdiction of the United States or 
a transaction substantially connected to 
the United States; and 
(B) the act of making the statement or 
signing the record may not be prohibited by a 
law of the jurisdiction in which the individual is 
physically located. 
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(c) PERSONAL APPEARANCE SATISFIED.—If a State 
or Federal law requires an individual to appear personally 
before or be in the physical presence of a notary public 
at the time of a notarization, that requirement shall be 
considered to be satisfied if— 
(1) the individual— 
(A) is a remotely located individual; and 
(B) appears personally before the notary 
public at the time of the notarization by using 
communication technology; and 
(2)(A) the notarization was performed under or 
relates to a public act, record, or judicial proceeding 
of the notary public’s State; or 
(B) the notarization occurs in or affects inter-
state commerce. 
SEC. 5. RECOGNITION OF NOTARIZATIONS IN FEDERAL 
COURT. 
(a) RECOGNITION OF VALIDITY.—Each court of the 
United States shall recognize as valid under the State or 
Federal law applicable in a judicial proceeding before the 
court any notarization performed by a notarial officer of 
any State if the notarization is valid under the laws of 
the notarial officer’s State or under this Act. 
(b) LEGAL EFFECT
OF RECOGNIZED NOTARIZA-
TION.—A notarization recognized under subsection (a) 
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shall have the same effect under the State or Federal law 
applicable in the applicable judicial proceeding as if that 
notarization was validly performed— 
(1)(A) by a notarial officer of the State, the law 
of which is applicable in the proceeding; or 
(B) under this Act or other Federal law; and 
(2) without regard to whether the notarization 
was performed— 
(A) with respect to— 
(i) a tangible record; or 
(ii) an electronic record; or 
(B) for— 
(i) an individual in the physical pres-
ence of the notarial officer; or 
(ii) a remotely located individual. 
(c) PRESUMPTION OF GENUINENESS.—In a deter-
mination of the validity of a notarization for the purposes 
of subsection (a), the signature and title of an individual 
performing the notarization shall be prima facie evidence 
in any court of the United States that the signature of 
the individual is genuine and that the individual holds the 
designated title. 
(d) CONCLUSIVE EVIDENCE OF AUTHORITY.—In a 
determination of the validity of a notarization for the pur-
poses of subsection (a), the signature and title of the fol-
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lowing notarial officers of a State shall conclusively estab-
lish the authority of the officer to perform the notariza-
tion: 
(1) A notary public of that State. 
(2) A judge, clerk, or deputy clerk of a court 
of that State. 
SEC. 6. RECOGNITION BY STATE OF NOTARIZATIONS PER-
FORMED UNDER AUTHORITY OF ANOTHER 
STATE. 
(a) RECOGNITION OF VALIDITY.—Each State shall 
recognize as valid under the laws of that State any notari-
zation performed by a notarial officer of any other State 
if— 
(1) the notarization is valid under the laws of 
the notarial officer’s State or under this Act; and 
(2)(A) the notarization was performed under or 
relates to a public act, record, or judicial proceeding 
of the notarial officer’s State; or 
(B) the notarization occurs in or affects inter-
state commerce. 
(b) LEGAL EFFECT
OF RECOGNIZED NOTARIZA-
TION.—A notarization recognized under subsection (a) 
shall have the same effect under the laws of the recog-
nizing State as if that notarization was validly performed 
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by a notarial officer of the recognizing State, without re-
gard to whether the notarization was performed— 
(1) with respect to— 
(A) a tangible record; or 
(B) an electronic record; or 
(2) for— 
(A) an individual in the physical presence 
of the notarial officer; or 
(B) a remotely located individual. 
(c) PRESUMPTION OF GENUINENESS.—In a deter-
mination of the validity of a notarization for the purposes 
of subsection (a), the signature and title of an individual 
performing a notarization shall be prima facie evidence in 
any State court or judicial proceeding that the signature 
is genuine and that the individual holds the designated 
title. 
(d) CONCLUSIVE EVIDENCE OF AUTHORITY.—In a 
determination of the validity of a notarization for the pur-
poses of subsection (a), the signature and title of the fol-
lowing notarial officers of a State shall conclusively estab-
lish the authority of the officer to perform the notariza-
tion: 
(1) A notary public of that State. 
(2) A judge, clerk, or deputy clerk of a court 
of that State. 
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SEC. 7. ELECTRONIC AND REMOTE NOTARIZATION NOT RE-
QUIRED. 
Nothing in this 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. 
SEC. 8. VALIDITY OF NOTARIZATIONS; RIGHTS OF AG-
GRIEVED PERSONS NOT AFFECTED; STATE 
LAWS ON THE PRACTICE OF LAW NOT AF-
FECTED. 
(a) VALIDITY NOT AFFECTED.—The failure of a no-
tary public to meet a requirement under section 3 or 4 
in the performance of a notarization, or the failure of a 
notarization to conform to a requirement under section 3 
or 4, shall not invalidate or impair the validity or recogni-
tion of the notarization. 
(b) RIGHTS OF AGGRIEVED PERSONS.—The validity 
and recognition of a notarization under this Act may not 
be construed to prevent an aggrieved person from seeking 
to invalidate a record or transaction that is the subject 
of a notarization or from seeking other remedies based on 
State or Federal law other than this Act for any reason 
not specified in this Act, including on the basis— 
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(1) that a person did not, with present intent 
to authenticate or adopt a record, execute a signa-
ture on the record; 
(2) that an individual was incompetent, lacked 
authority or capacity to authenticate or adopt a 
record, or did not knowingly and voluntarily authen-
ticate or adopt a record; or 
(3) of fraud, forgery, mistake, misrepresenta-
tion, impersonation, duress, undue influence, or 
other invalidating cause. 
(c) RULE OF CONSTRUCTION.—Nothing in this Act 
may be construed to affect a State law governing, author-
izing, or prohibiting the practice of law. 
SEC. 9. EXCEPTION TO PREEMPTION. 
(a) IN GENERAL.—A State law may modify, limit, or 
supersede the provisions of section 3, or subsection (a) or 
(b) of section 4, with respect to State law only if that State 
law— 
(1) either— 
(A) constitutes an enactment or adoption 
of the Revised Uniform Law on Notarial Acts, 
as approved and recommended for enactment in 
all the States by the National Conference of 
Commissioners on Uniform State Laws in 2018 
or the Revised Uniform Law on Notarial Acts, 
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as approved and recommended for enactment in 
all the States by the National Conference of 
Commissioners on Uniform State Laws in 
2021, except that a modification to such Law 
enacted or adopted by a State shall be pre-
empted to the extent such modification— 
(i) is inconsistent with a provision of 
section 3 or subsection (a) or (b) of section 
4, as applicable; or 
(ii) would not be permitted under sub-
paragraph (B); or 
(B) specifies additional or alternative pro-
cedures or requirements for the performance of 
notarizations with respect to electronic records 
or for remotely located individuals, if those ad-
ditional or alternative procedures or require-
ments— 
(i) are consistent with section 3 and 
subsections (a) and (b) of section 4; and 
(ii) do not accord greater legal effect 
to the implementation or application of a 
specific technology or technical specifica-
tion for performing those notarizations; 
and 
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(2) requires the retention of an audio and vis-
ual recording of the performance of a notarization 
for a remotely located individual for a period of not 
less than 5 years after the recording is created. 
(b) RULE OF CONSTRUCTION.—Nothing in section 5 
or 6 may be construed to preclude the recognition of a 
notarization under applicable State law, regardless of 
whether such State law is consistent with section 5 or 6. 
SEC. 10. STANDARD OF CARE; SPECIAL NOTARIAL COMMIS-
SIONS. 
(a) STATE STANDARDS OF CARE; AUTHORITY OF 
STATE REGULATORY OFFICIALS.—Nothing in this Act 
may be construed to prevent a State, or a notarial regu-
latory official of a State, from— 
(1) adopting a requirement in this Act as a 
duty or standard of care under the laws of that 
State or sanctioning a notary public for breach of 
such a duty or standard of care; 
(2) establishing requirements and qualifications 
for, or denying, refusing to renew, revoking, sus-
pending, or imposing a condition on, a commission 
or appointment as a notary public; 
(3) creating or designating a class or type of 
commission or appointment, or requiring an endorse-
ment or other authorization to be received by a no-
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tary public, as a condition on the authority to per-
form notarizations with respect to electronic records 
or for remotely located individuals; or 
(4) prohibiting a notary public from performing 
a notarization under section 3 or 4 as a sanction for 
a breach of duty or standard of care or for official 
misconduct. 
(b) SPECIAL COMMISSIONS
OR AUTHORIZATIONS 
CREATED BY A STATE; SANCTION FOR BREACH OR OFFI-
CIAL MISCONDUCT.—A notary public may not perform a 
notarization under section 3 or 4 if— 
(1)(A) the notary public’s State has enacted a 
law that creates or designates a class or type of 
commission or appointment, or requires an endorse-
ment or other authorization to be received by a no-
tary public, as a condition on the authority to per-
form notarizations with respect to electronic records 
or for remotely located individuals; and 
(B) the commission or appointment of the no-
tary public is not of the class or type or the notary 
public has not received the endorsement or other au-
thorization; or 
(2) the notarial regulatory official of the notary 
public’s State has prohibited the notary public from 
performing the notarization as a sanction for a 
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breach of duty or standard of care or for official 
misconduct. 
SEC. 11. SEVERABILITY. 
If any provision of this Act or the application of such 
provision to any person or circumstance is held to be in-
valid or unconstitutional, the remainder of this Act and 
the application of the provisions thereof to other persons 
or circumstances shall not be affected by that holding. 
Passed the House of Representatives February 27, 
2023. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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