SECURE Notarization Act of 2025
Sponsored By: Senator Kevin Cramer
Introduced
Summary
National standards for electronic and remote notarization. This bill would set a federal framework to authorize and validate electronic and remote notarizations that occur in or affect interstate commerce, and it would require broad cross-jurisdictional recognition while adding identity and record safeguards.
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- Households and businesses: Remote and electronic notarizations would become easier to use across state lines for transactions that touch interstate commerce. Individuals would still need identity verification by personal knowledge or by satisfactory evidence such as two distinct verification methods.
- Notaries and States: The bill would authorize notaries to perform electronic and remote notarizations under minimum federal standards and would require States to recognize notarizations from other States when they relate to a public act, record, judicial proceeding, or interstate commerce.
- Records, courts, and consumer protection: Remote notarizations must include an audio-visual recording retained at least the greater of the State retention period or 5 years and 10 years if no State period exists. Federal courts would recognize notarizations by any State. The bill also targets false advertising and misrepresentations about legal or immigration services.
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 3 benefits, 0 costs, 3 mixed.
States and courts accept out‑of‑state notarizations
This bill would require U.S. courts and States to accept a notarization done by a notary of any State if it was valid under that notary's State law or under this bill and if it relates to that State's public acts/records or affects interstate commerce. Recognized notarizations would have the same legal effect as local notarizations in the proceeding. The notary's signature and title would be treated as proof of authenticity for many purposes.
State control and recordkeeping rules
This bill would preserve State authority to set notary qualifications, sanction notaries, create special commissions, or limit who may perform electronic or remote notarizations. States could change some federal rules only if they adopt the Revised Uniform Notarial Acts or set consistent alternative procedures. The bill would also require an audio‑visual recording of each remote notarization and retention for the longer of the State period or 5 years, or 10 years if no State rule exists. Notaries would not be forced to perform electronic or remote notarizations.
Ban on deceptive notary advertising
This bill would bar notaries (unless they are licensed attorneys) from using terms like 'notario' or from advertising that they give legal or immigration advice or representation. For remote notarizations, a signed statement by the remote signer that the notary gave the required warnings would conclusively show compliance on the date of signing.
Legalize interstate remote and electronic notarizations
This bill would allow notaries to perform electronic notarizations and to notarize people by live audio‑visual connection across state lines, unless state law bars it. The notary would need to attach or logically link their electronic signature so later changes are evident. For remote notarizations, the signer must appear by communication technology, the notary must verify identity, create an audio‑visual recording, and confirm the document seen matches what the signer signed.
Notarizations still challengeable in court
This bill would make clear that failing to meet the electronic or remote notarization steps would not, by itself, void a notarization. People would still be able to challenge a notarization in court for fraud, forgery, duress, lack of capacity, impersonation, or other legal reasons.
Stricter ID rules and abroad limits
This bill would require notaries to identify remote signers by personal knowledge or by at least two different third‑party identity checks, or by a credible witness who meets strict conditions. It would also limit remote notarizations for people physically outside the United States to documents tied to U.S. courts or entities, U.S. property, or transactions with a strong U.S. connection, and only if signing is legal where the person is located.
Sponsors & CoSponsors
Sponsor
Kevin Cramer
ND • R
Cosponsors
Mark Warner
VA • D
Sponsored 5/1/2025
Christopher Coons
DE • D
Sponsored 5/8/2025
Raphael Warnock
GA • D
Sponsored 5/8/2025
John Hoeven
ND • R
Sponsored 5/12/2025
Roll Call Votes
No roll call votes available for this bill.
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