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CA AB1093

Bill

Status

Engrossed

1/27/2022

Primary Sponsor

Reginald Jones-Sawyer

Click for details

Origin

State Assembly

2021-2022 Session

AI Summary

  • Authorizes notary publics commissioned in California to perform online notarizations through audio-video communication for principals located within California, elsewhere in the United States, or outside the United States, effective January 1, 2025.

  • Requires online notarization platforms and depositories to register with the Secretary of State and comply with security standards for electronic journals, recordings, electronic seals, and identity verification before providing services in California.

  • Establishes that notaries performing remote online notarizations must maintain a secure electronic journal, create audio-video recordings of notarial acts, and meet identity proofing requirements at Identity Assurance Level 2 or higher.

  • Prohibits online notarization platforms and depositories from accessing, using, sharing, or disclosing contents of notarizations without express written request from the principal or court order; exempts online notarization records maintained by the Secretary of State from public records disclosure.

  • Creates civil liability for online notarization platforms and depositories violating the act, with statutory damages of $250 per violation; makes it a misdemeanor to knowingly obtain or destroy devices enabling a notary's electronic signature or seal, or to willfully fail to deliver electronic journals within 30 days of resignation or expiration.

Legislative Description

Remote online notaries public.

Last Action

In committee: Set, second hearing. Hearing canceled at the request of author.

6/20/2022

Committee Referrals

Judiciary5/4/2022
Rules1/27/2022
Appropriations1/13/2022
Judiciary3/18/2021

Full Bill Text

No bill text available