PolicyBrief
H.R. 1777
119th CongressMar 3rd 2025
SECURE Notarization Act of 2025
IN COMMITTEE

The SECURE Notarization Act of 2025 authorizes and sets minimum standards for notary publics to perform electronic and remote notarizations for transactions affecting interstate commerce, while also requiring states and federal courts to recognize notarizations performed in other states.

Cliff Bentz
R

Cliff Bentz

Representative

OR-2

LEGISLATION

Nationwide Online Notarization is Coming: SECURE Act Sets New Standards

The Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2025 (SECURE Notarization Act) is a mouthful, but it boils down to this: it's making online notarization a standard practice across the country. This bill sets the ground rules for getting documents notarized without having to physically be in the same room as a notary, and it's about time.

Digital Docs Get a Green Light

This legislation authorizes notaries to perform electronic notarizations. What does that mean in practice? Instead of ink signatures on paper, you'll be able to use electronic signatures on digital documents, and as long as the notary's electronic signature and all the required info are linked to the document in a tamper-proof way, it's legally binding (SEC. 3). Think signing a lease or a business contract entirely online, with the same legal weight as the old-fashioned way.

Remote, Not Removed: How Online Notarization Will Work

The SECURE Notarization Act lays out the process for remote online notarization (RON). Here's the breakdown:

  • Video Call Required: You and the notary have to see and hear each other in real-time using communication technology. No pre-recorded videos or faxes (SEC. 2).
  • ID Check, But Make It Secure: The notary has to verify who you are. They can do this through personal knowledge (if they know you well), a credible witness who vouches for you, or by using at least two different identity-proofing methods, like checking databases or asking you specific questions only you would know (SEC. 4).
  • Record Keeping is Key: An audio-visual recording of the entire notarization process must be made and kept for at least five years, or longer if state law requires it (SEC. 4). This creates a clear record of what happened.
  • Out-of-Country? Still Possible (Mostly): If you're outside the U.S., you can still get something notarized remotely, but the document has to be related to a U.S. court, government matter, property, or transaction. Plus, whatever you're signing can't be illegal where you are (SEC. 4).

Interstate Harmony: No More Notary Border Wars

One of the biggest headaches this bill solves is the patchwork of state laws around notarization. The SECURE Act mandates that every state must recognize notarizations performed by notaries in other states, as long as those notarizations follow the rules of the notary's home state or this new federal law (SEC. 6). This is huge for businesses that operate across state lines and for anyone who's ever had to deal with the hassle of getting something re-notarized because they moved.

Keeping it Real: Protections and Options

  • Notaries Aren't Forced: The bill makes it clear that notaries don't have to offer electronic or remote notarization if they don't want to (SEC. 7). This is a choice, not a mandate.
  • You Can Still Fight Back: If you get screwed over in a notarized transaction (like if someone forges your signature or you were tricked into signing), this law doesn't stop you from challenging it in court (SEC. 8).
  • States Can Tweak, But Not Break: States can still pass their own laws about notarization, but they have to be consistent with the federal law. They can add extra requirements, but they can't undermine the basic framework (SEC. 9).

In a nutshell, the SECURE Notarization Act is about bringing notarization into the 21st century. It's about making things easier, faster, and more secure, while still protecting the integrity of the process. It's a win for anyone who's ever needed a notary, which, let's face it, is most of us at some point.