Posted by VT_Syrup on 6/25/13 1:12pm
Msg #474653

Confirmation electronic notarization is legal in Vermont

The Secretary of State's newsletter mentioned the gradually increasing electronic notarization in other states in a column by Tanya Marshall, the State Archivist. I emailed a question, and then a followup, and Ms. Marshall made it clear that two private parties could decide to have a document notarized electronically, even though government offices wouldn't be capable of receiving electronic notarized docs. She also pointed out the ONLY law governing electronic notarization in VT is the Uniform Electronic Transactions Act, which says nothing about how to perform these. There are no rules; the Secretary of State doesn't even have rulemaking authority over notaries. There would be no way for county clerks or the Secretary of State to authenticate electronic notarizations.

The newsletter: http://www.sec.state.vt.us/municipal/June%20Opinions%202013.pdf

Reply by ToniK on 6/25/13 1:41pm
Msg #474657

I just signed up to take a webinar through Virginia Land and Title about electronic notarization. But guess who is the host of the webinar.....Settleware

Reply by Shoshana/AZ on 6/25/13 1:47pm
Msg #474659

I am confused

Isn't electronic notarization different from webcam notarization? Which one are you really talking about?

Reply by VT_Syrup on 6/25/13 2:03pm
Msg #474663

Re: I am confused

I was referring to electronic notarizations where the signer appears in person before the computer-toting notary.

Reply by Shoshana/AZ on 6/25/13 2:14pm
Msg #474666

Thanks for explaining that. I have noticed that

some people on this forum confuse the two.

Reply by LKT/CA on 6/25/13 2:01pm
Msg #474661

<<< I emailed a question, and then a followup, and Ms. Marshall made it clear that two private parties could decide to have a document notarized electronically, even though government offices wouldn't be capable of receiving electronic notarized docs.>>>

I suppose the notary will have put the responsibility on the "private parties" to be sure the receiving agency accepts electronic notarizations. If the private parties say, "Well, we don't know...electronically notarize anyway" then when the private parties have wasted their money, it's on THEM, not the notary.

Reply by BobbiCT on 6/26/13 7:30am
Msg #474744

Any state that adopted UETA allows for e-notarization ....

What UETA does NOT specify is How You Do It. This is left to the individual parties who decide to e-whatever. Also, it is depend on the receiving party being willing to accept the e-signatures and e-notarizations as an "original" rather than wet signature paper originals.

Simple issue: Can be done, but there is no consistent hardware, software and standards among "third parties" for this.

The best example where it works: An in-house e-signature, e-notarization, and e-recording of a mortgage aka deed of trust release where a Lenders e-files directly with a county records. The in-house IT department set the system up and maintains the records and security checks-and-balances. This is touted as "safer and more secure," because users will not write down or share their passwords with assistants, business partners, and other "trusted" parties.

Reply by VT_Syrup on 6/26/13 8:33am
Msg #474753

Re: Any state that adopted UETA allows for e-notarization ....

Two complications:

1. A state might have UETA, but also a law about how notaries are to conduct enotarizations. It would require careful study, and maybe some court decisions, to figure out how much a state notary law preempts the wide-open permission in UETA.

2. A third party might accept a paper printout of an electronically notarized document, despite the fact that all the security measures are lost once it is printed. There could be a sort of quasi-acceptance in a court case. The paper printout is presented; if it had been an original paper notarized document, the court would just accept it. But since it isn't an original, the court might require testimony from someone familiar with the business records practices of the document custodian before accepting it.