Senate Bill 263 – known as the Notary Public Modernization Act – was recently signed into law in Ohio, and will take effect beginning on September 18, 2019.
Highlights of the bill include:
- Allows a duly appointed and commissioned Ohio notary public to apply to the Secretary of State for authorization to perform notarizations online using live video links, electronic signatures, and electronic notary seals.
- Specifies that an electronic document notarized through an online notarization is considered an original document.
- Requires county auditors, engineers, and recorders to accept printed documents that were notarized electronically for purposes of approval, transfer, and recording if the document contains the required notarial certificate.
- Requires online notaries public to abide by minimum security requirements during the conduct of online notarizations and in the storage of required information.
- Requires online notaries public to maintain audio and video recordings of the process used to confirm identities during online notarizations during the term of their authorization to perform online notarizations.
- Includes safeguards to ensure remote notarization addresses fraud and capacity concerns. In December 2018, now former Governor Kasich signed into law S.B. 263, also known as the Notary Public Modernization Act. The act overhauls Ohio’s notary laws and will allow documents to be notarized online through audio-video conferencing.
ALAW believes this marks a tremendous step forward in the modernization of the notary process as a whole. Electronic notarization is a growing trend across the nation, as it saves both time and money. This capability will likely be of great benefit to consumers, lenders, and title agencies doing business in Ohio.
Questions about this bill or other Ohio cases? ALAW is here to help!
Contact Tony Scarlato or your designated ALAW attorney to learn more:
Antonio J. Scarlato, Partner