CS/CS/HB 771 - Notaries Public Summary

• Establishes online notarization framework allowing notary publics to perform notarial acts via audio-video communication technology, with principals able to appear remotely regardless of physical location

• Requires online notaries to register with Department of State, complete 3-hour training course, obtain $25,000 bond and $25,000 errors and omissions insurance, and pay $25 registration fee

• Mandates online notaries maintain secure electronic journal of all online notarizations for at least 10 years, including identity verification records and audio-video recordings of sessions

• Sets identity verification standards requiring personal knowledge or combination of government-issued ID presentation, credential analysis, and knowledge-based authentication (80% correct answers on 5+ questions within 2-minute timeframe)

• Authorizes electronic signatures with access protection via passwords/codes, establishes $10 maximum fee for standard notarizations and $25 maximum for online notarizations, and validates previously recorded electronic documents with defects in execution or notarization; effective January 1, 2019