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eNotarization : The Premise, The Promise, The Reality, The Future

eNotarization : The Premise, The Promise, The Reality, The Future. Ozie H. Stallworth Electronic Notarization & Notary Enforcement Director North Carolina Dept. of Secretary of State November 15, 2012. Purpose of Notarization. To protect citizens from fraud and forgery

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eNotarization : The Premise, The Promise, The Reality, The Future

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  1. eNotarization: The Premise, The Promise, The Reality, The Future Ozie H. Stallworth Electronic Notarization & Notary Enforcement Director North Carolina Dept. of Secretary of State November 15, 2012

  2. Purpose of Notarization • To protect citizens from fraud and forgery • Requiring personal appearance is a critical component to preventing fraud in every state

  3. 16 States With eNotary Laws

  4. NASS eNotarization Standards Adopted in July of 2006 and readopted in 2011 at the NASS Summer Conference. Standard 1 affirms that personal appearance is required for eNotarizations Standard 2 calls for the same form of identification for eNotarization as with traditional notarization

  5. Uniform Law Commission -ULONA Uniform Law on Notarial Acts revised in 2010 Traditional and electronic notarization is viewed as the same. Individuals must appear in person before the eNotary at the time of the transaction. Personal appearance does not include an “appearance” by video technology, even if the video is “live” or synchronous.

  6. Advocates of Personal Appearance National Association of Secretaries of State Uniform Law Commission National Notary Association American Society of Notaries Pennsylvania Notary Association

  7. Not Burdensome Requiring personal appearance presents no additional burden Personal appearance is not an impediment to business Eliminating the personal appearance requirement is contrary to every noted notary authority in the country

  8. Trends in the Business Community • More stringent notary practices including: • supervisory oversight • mandatory training for those drafting and executing affidavits and • required record keeping

  9. Consequences of Errant Notarizations • Lost Money • Lost Property • Lost Security • Lost Life As a result of the notary’s negligence the victim may have …

  10. Terrorists http://www.equipped.com/GRAPHICS/wtc_2ndplane.jpg

  11. Fact 7 of the 19 terrorists from 9/11 obtained fraudulent identification, drivers license, and passports using corrupt or incompetent notaries. (2002 testimony before the subcommittee on Crime, Terrorism, and Homeland Security)

  12. Reliance on Notarized Documents New legislation requires notarization Prima Facia status in our courts Most reliable form of authentication

  13. Problems With No Personal Appearance • Lacks opportunity to: • Properly identify signer • Determine competence or capacity • Limits ability to establish volition

  14. The State of eNotariztion Strong Viable Well vetted Ready for Implementation

  15. Contact Information OzieStallworth Electronic Notarization and Notary Enforcement Director N.C. Dept. of Secretary of State ostallworth@sosnc.com 919-807-2295

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