(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, office, 
clerk, recorder, register, registrar, commission, 
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authority, institution, instrumentality, county, 
municipality, or other political subdivision 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 section 
10, and subject to subsection (b), a notary public may per-
form a notarization that occurs in or affects interstate com-
merce 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 public, 
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 subse-
quent change or modification to the electronic record 
evident. 
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SEC. 4. AUTHORIZATION TO PERFORM AND MINIMUM 
STANDARDS FOR REMOTE NOTARIZATION. 
(a) AUTHORIZATION.—Unless prohibited under section 
10, and subject to subsection (b), a notary public may per-
form a notarization that occurs in or affects interstate com-
merce 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 located 
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 distinct 
types of processes or services through 
which a third person provides a means 
to verify the identity of the remotely lo-
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cated individual through a review of 
public or private data sources; or 
(II) oath or affirmation of a cred-
ible 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 identifica-
tion of a remotely located indi-
vidual 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 
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(ii) notwithstanding any resignation 
from, or revocation, suspension, or termi-
nation of, the notary public’s commission or 
appointment, retain the recording created 
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 record-
ing 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-
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tained in the recording, in accordance 
with that law; and 
(C) if the notarization is performed with re-
spect to a tangible or electronic record, take rea-
sonable steps to confirm that the record before the 
notary public is the same record with respect to 
which the remotely located individual made a 
statement or on which the individual executed a 
signature. 
(3) If a guardian, conservator, executor, personal 
representative, administrator, or similar fiduciary 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 
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