11/06/2020
I occasionally get a client who has a document that he or she needs to get notarized, but the form is requesting an electronic signature from the signer. Generally, it is from an entity that is located outside of California. Here is what the Secretary of State of CA says on the subject:
§ 1633.11. Notarization and signature under penalty of perjury requirements:(a) If a law requires that a signature be notarized, the requirement is satisfied with respect to an electronic signature if an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.
*While California does allow electronic signatures for notarizations, at the present time it is unfeasible to do them electronically.
I called the Secretary of State Notary Public phone line and spoke with a helpful supervisor on the subject. She said that while electronic notarizations are allowed in California, most Counties in California are not set up to have electronic on-line journals of record needed for notarizations to occur. In addition, the representative told me that if a Notary Public was able to do the notary electronically, that he or she could not go back to manual physical paperwork notaries with a log book! So, as of right now, it's all or none. Until that time comes when all Counties in California are set up for electronic notarizations and a Notary Public can do both online notarizations and physical notarizations, it is not feasible for the Notary Public to be in an "either/or" situation. I will stick only to manual "wet signature and stamp" notarizations.
Personally, I see few issues with on-line notarizations. One reason we do notarizations is to prevent fraud from occurring. We make sure the signer shows up in front of us, we id him or her with proper documentation, then watch him or her sign the document/journal and put a thumbprint in the journal. A "wet" seal is placed on the document with the notary wording and signature of the Notary Public. It's an added level of protection to the business or entity requiring the notarization. However, if the notarization were all electronic, a digital notary wording document with an electronic seal and notary signature would have to be attached somehow to the requested document to be notarized. And people's signatures electronically do not look anything like their signature on a driver's license or passport. We verify this at the actual notary appointment to prevent fraud. Also, the notary journal would have to be electronic. The signature in the electronic journal would have to match the id as well. Thumbprints that are required for certain documents, would probably have to have a live scan uploaded to the electronic journal.
As everyone is going digital, more data breaches are occurring and there is an increased threat of fraud occurring. The purpose of the Notary Public is to prevent fraud and protect everyone involved in the transaction. Just an added level of security protection for peace of mind!
So while California may not be quite ready for online notary signatures and notarizations, maybe it's a little more prepared to prevent fraud than some other states that do on-line notarizations?!
View information about the Notary Public Handbook. A link to a PDF file of the handbook can be found here as well.
