accept (among other things) documents having notarial certificates, signed/notarized by notaries public from different States for use w/in another, for various reasons, e.g., commercial or foreign transactions, lawsuits, etc. And each State has a provision w/in their own notarial law explaining this, usually entitled Uniform Law on Notarial Acts or something similar. This is known as "interstate recognition".
Gerry's statement:
"The problem is that as far as I know, the Congress has never passed any laws about states accepting notarizations from other states ...", therefore is not true at all.
_________________________________________________________
With regard to:
(except maybe the ESIGN law)
On June 30, 2000, the Electronic Signatures in Global and National Commerce Act aka E-Sign Act was signed into law, and "provides a general rule of validity for electronic records and signatures for transactions in or affecting interstate or foreign commerce. The E-Sign Act allows the use of electronic records to satisfy any statute, regulation, or rule of law requiring that such information be provided in writing if the consumer has affirmatively consented to such use and has not withdrawn such consent."
FDIC Compliance Extermination Manual -January 2014, X-3.1
We have seen this law in use today, i.e., using our credit cards to pay for goods and then asked to sign our signature which is then transposed to an e-signature (on an electronic device). Or if anyone has ever signed a document online, you are e-signing signing your name to that particular document.
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I believe if Congress wanted to have all States recognize e-notarizations as well, they would've put that provision w/in the E-Sign Act. Keep in mind the E-sign act was not only to make it easier to contract with, but to ease up on the use of actual paper, among other things. Plus electronic documents are much easier to keep track of, as well as creating less carbon footprint.
Which makes me think of an interesting article I read recently entitled:
The CyberNotary: A New U.S. Legal Specialization for Facilitating International Electronic Commerce, written by Theodore Sedgwick Barassi, Esq, in the ABA's Bulletin of Law, Science and Technology journal, April 1995, pp.5-7.
Which describes efforts which had been underway for two years prior to the writing of the article, by Information Security (INFOSEC) Committee of the Section and Science and Technology's EDI and Information Technology Division where they were seeking to create a new legal specialization, in the United States, known as the CyberNotary.
If anyone wants to read this article, please send me an email to chicagonotaryservices@yahoo.com, and I'll send it to you via pdf format. |
| Messages in this Thread |
|  E-Notarizations not accepted in Illinois. -  Cari on 8/23/17 9:34am |
|  Re: E-Notarizations not accepted in Illinois. - NVLSlady/VA on 8/23/17 9:37am |
|  I can't per their email disclaimer: - Cari on 8/23/17 10:23am |
|  Congrats! n/m - Luckydog on 8/23/17 10:42am |
| I just sent this person another email because I realized - Cari on 8/23/17 10:48am |
| Curious how they bypass the full faith & credit n/m - Linda_H/FL on 8/23/17 10:55am |
| what do you mean Linda? n/m - Cari on 8/23/17 11:01am |
| The federal requirement that another state's - Linda_H/FL on 8/23/17 11:23am |
| I don't believe the full faith & credit clause would apply - Cari on 8/23/17 11:27am |
| Cornell Law School definition... - Cari on 8/23/17 11:31am |
|  Here - Linda_H/FL on 8/23/17 11:32am |
|  Re: Here..too quick..sorry - Linda_H/FL on 8/23/17 11:33am |
|  Who relied on the clause to reinforce that fact Linda? - Cari on 8/23/17 11:41am |
|  Cari, you follow this forum right? - Linda_H/FL on 8/23/17 11:46am |
|  I haven't read about the clause being used as a defense... - Cari on 8/23/17 12:17pm |
|  I thought Issue was about e-Signatures & eNotary seals. n/m - NVLSlady/VA on 8/23/17 12:22pm |
|  issue here is about e-notarizations not being accepted in IL - Cari on 8/23/17 12:24pm |
|  "Confused yet??" You bet. - NVLSlady/VA on 8/23/17 1:46pm |
|  " (I think I'm getting a Rash)." ROFLMAO!! :) n/m - Linda_H/FL on 8/23/17 2:06pm |
| Re: "Confused yet??" You bet. - VT_Syrup on 8/23/17 2:45pm |
| Re: "Confused yet??" You bet. - BrendaTx on 8/24/17 1:19pm |
| I don't believe all of this is correct. n/m - JanetK_CA on 8/23/17 5:02pm |
| Not FL - Luckydog on 8/23/17 8:14pm |
| Citing NASS's Report from 2011 - BrendaTx on 8/24/17 1:16pm |
| Re: Citing NASS - NVLSlady/VA on 8/24/17 4:43pm |
| What about UETA? and URPERA? - NVLSlady/VA on 8/23/17 12:16pm |
| UETA & URPERA involves e-signatures (e-closings) - Cari on 8/23/17 12:22pm |
| What!!??? n/m - NVLSlady/VA on 8/23/17 12:30pm |
| Re: UETA & URPERA involves e-signatures (e-closings) - NVLSlady/VA on 8/23/17 2:12pm |
| Re: UETA & URPERA involves e-signatures (e-closings) - Cari on 8/23/17 2:34pm |
| I don't think that can be used in these situations, even - MW/VA on 8/23/17 1:19pm |
| Not intended as a legal opinion, yada yada. but I believe - Bob_Chicago on 8/23/17 12:50pm |
| On second thought , the Recorder would not know - Bob_Chicago on 8/23/17 1:08pm |
| Bob, the IL SOS Administrator wrote: - Cari on 8/23/17 2:30pm |
| Re: IL SOS Administrator wrote: - NVLSlady/VA on 8/23/17 3:20pm |
| Exact quo:"any IL land records e-notarized will be rejected" n/m - NVLSlady/VA on 8/23/17 3:25pm |
| Re: Exact quo:"any IL land records e-notarized will be rejected" - JanetK_CA on 8/23/17 4:57pm |
| I believe the real issue as to why e-notarizations are not - Cari on 8/23/17 9:17pm |
| Since we're talking Real Property Law - NVLSlady/VA on 8/24/17 10:51am |
| Michelle, let this go already. n/m - Cari on 8/24/17 2:12pm |
| Re: E-Notarizations not accepted in Illinois - Cari - BrendaTx on 8/24/17 8:46pm |
| Brenda, where have you been? To catch u up to speed... - Cari on 8/24/17 10:22pm |
| Re: Brenda, where have you been? To catch u up to speed... - BrendaTx on 8/25/17 6:56am |
| Re: Brenda, where have you been? To catch u up to speed... - VT_Syrup on 8/25/17 8:04am |
| Excellent point. Hadn't thought about that aspect. - JanetK_CA on 8/30/17 4:07pm |
| Re: Excellent point. Hadn - VT_Syrup on 9/1/17 7:30am |
| Gerry, the email I received from the IL SOS admin was - Cari on 9/1/17 7:07am |
| Re: Gerry, the email I received from the IL SOS admin was - VT_Syrup on 9/1/17 7:48am |
 | Full Faith & Credit Act (FFCA) federally mandates States to - Cari on 9/2/17 9:25am |
| Re: Full Faith & Credit Act (FFCA) federally mandates States to - VT_Syrup on 9/2/17 3:41pm |
| Correction, should read: Full, Faith & Credit Clause (FFCC). n/m - Cari on 9/3/17 5:23am |
| Thanks for your response. It appears that the IL SOS doesn't - Cari on 8/29/17 8:28am |
