118TH CONGRESS 
1ST SESSION H. R. 1059 
AN ACT 
To authorize notaries public to perform, and to establish 
minimum standards for, electronic notarizations and re-
mote notarizations that occur in or affect interstate com-
merce, to require any Federal court to recognize 
notarizations performed by a notarial officer of any 
State, to require any State to recognize notarizations 
performed by a notarial officer of any other State when 
the notarization was performed under or relates to a 
public Act, record, or judicial proceeding of the notarial 
officer’s State or when the notarization occurs in or 
affects interstate commerce, and for other purposes.
(3) LAW.—The term ‘‘law’’ includes any stat-
ute, regulation, rule, or rule of law. 
(4) NOTARIAL OFFICER.—The term ‘‘notarial 
officer’’ means— 
(A) a notary public; or 
(B) any other individual authorized to per-
form a notarization under the laws of a State 
without a commission or appointment as a no-
tary public. 
(5) NOTARIAL OFFICER’S STATE; NOTARY PUB-
LIC’S STATE.—The term ‘‘notarial officer’s State’’ or 
‘‘notary public’s State’’ means the State in which a 
notarial officer, or a notary public, as applicable, is 
authorized to perform a notarization. 
(6) 
NOTARIZATION.—The 
term 
‘‘notariza-
tion’’— 
(A) means any act that a notarial officer 
may perform under— 
(i) Federal law, including this Act; or 
(ii) the laws of the notarial officer’s 
State; and 
(B) includes any act described in subpara-
graph (A) and performed by a notarial officer— 
(i) with respect to— 
(I) a tangible record; or
(II) an electronic record; and 
(ii) for— 
(I) an individual in the physical 
presence of the notarial officer; or 
(II) a remotely located individual. 
(7) NOTARY PUBLIC.—The term ‘‘notary pub-
lic’’ means an individual commissioned or appointed 
as a notary public to perform a notarization under 
the laws of a State. 
(8) PERSONAL KNOWLEDGE.—The term ‘‘per-
sonal knowledge’’, with respect to the identity of an 
individual, means knowledge of the identity of the 
individual through dealings sufficient to provide rea-
sonable certainty that the individual has the identity 
claimed. 
(9) REMOTELY
LOCATED
INDIVIDUAL.—The 
term ‘‘remotely located individual’’, with respect to 
a notarization, means an individual who is not in the 
physical presence of the notarial officer performing 
the notarization. 
(10) REQUIREMENT.—The term ‘‘requirement’’ 
includes a duty, a standard of care, and a prohibi-
tion. 
(11) 
SIGNATURE.—The 
term 
‘‘signature’’ 
means—
(A) an electronic signature; or 
(B) a tangible symbol executed or adopted 
by a person and evidencing the present intent 
to authenticate or adopt a record. 
(12) SIMULTANEOUSLY.—The term ‘‘simulta-
neously’’, with respect to a communication between 
parties— 
(A) means that each party communicates 
substantially simultaneously and without unrea-
sonable interruption or disconnection; and 
(B) includes any reasonably short delay 
that is inherent in, or common with respect to, 
the method used for the communication. 
(13) STATE.—The term ‘‘State’’— 
(A) means— 
(i) any State of the United States; 
(ii) the District of Columbia; 
(iii) the Commonwealth of Puerto 
Rico; 
(iv) any territory or possession of the 
United States; and 
(v) any federally recognized Indian 
Tribe; and 
(B) includes any executive, legislative, or 
judicial agency, court, department, board, of-
fice, clerk, recorder, register, registrar, commis-
sion, authority, institution, instrumentality, 
county, municipality, or other political subdivi-
sion of an entity described in any of clauses (i) 
through (v) of subparagraph (A). 
SEC. 3. AUTHORIZATION TO PERFORM AND MINIMUM 
STANDARDS FOR ELECTRONIC NOTARIZA-
TION. 
(a) AUTHORIZATION.—Unless prohibited under sec-
tion 10, and subject to subsection (b), a notary public may 
perform a notarization that occurs in or affects interstate 
commerce with respect to an electronic record. 
(b) REQUIREMENTS
OF ELECTRONIC NOTARIZA-
TION.—If a notary public performs a notarization under 
subsection (a), the following requirements shall apply with 
respect to the notarization: 
(1) The electronic signature of the notary pub-
lic, and all other information required to be included 
under other applicable law, shall be attached to or 
logically associated with the electronic record. 
(2) The electronic signature and other informa-
tion described in paragraph (1) shall be bound to 
the electronic record in a manner that renders any 
subsequent change or modification to the electronic 
record evident.
SEC. 4. AUTHORIZATION TO PERFORM AND MINIMUM 
STANDARDS FOR REMOTE NOTARIZATION. 
(a) AUTHORIZATION.—Unless prohibited under sec-
tion 10, and subject to subsection (b), a notary public may 
perform a notarization that occurs in or affects interstate 
commerce for a remotely located individual. 
(b) REQUIREMENTS OF REMOTE NOTARIZATION.—If 
a notary public performs a notarization under subsection 
(a), the following requirements shall apply with respect to 
the notarization: 
(1) The remotely located individual shall appear 
personally before the notary public at the time of the 
notarization by using communication technology. 
(2) The notary public shall— 
(A) reasonably identify the remotely lo-
cated individual— 
(i) through personal knowledge of the 
identity of the remotely located individual; 
or 
(ii) by obtaining satisfactory evidence 
of the identity of the remotely located indi-
vidual by— 
(I) using not fewer than 2 dis-
tinct types of processes or services 
through which a third person provides 
a means to verify the identity of the
remotely located individual through a 
review of public or private data 
sources; or 
(II) oath or affirmation of a 
credible witness who— 
(aa)(AA) is in the physical 
presence of the notary public or 
the remotely located individual; 
or 
(BB) appears personally be-
fore the notary public and the re-
motely 
located 
individual 
by 
using communication technology; 
(bb) has personal knowledge 
of the identity of the remotely lo-
cated individual; and 
(cc) has been identified by 
the notary public in the same 
manner as specified for identi-
fication of a remotely located in-
dividual under clause (i) or sub-
clause (I) of this clause; 
(B) either directly or through an agent—
(i) create an audio and visual record-
ing of the performance of the notarization; 
and 
(ii) notwithstanding any resignation 
from, or revocation, suspension, or termi-
nation of, the notary public’s commission 
or appointment, retain the recording cre-
ated under clause (i) as a notarial 
record— 
(I) for a period of not less 
than— 
(aa) if an applicable law of 
the notary public’s State specifies 
a period of retention, the greater 
of— 
(AA) that specified pe-
riod; or 
(BB) 5 years after the 
date on which the recording 
is created; or 
(bb) if no applicable law of 
the notary public’s State specifies 
a period of retention, 10 years 
after the date on which the re-
cording is created; and
(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-
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.
(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)
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