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Published byIris Goodman Modified over 6 years ago
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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
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Purpose of Notarization
To protect citizens from fraud and forgery Requiring personal appearance is a critical component to preventing fraud in every state
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16 States With eNotary Laws
North Carolina Virginia Kansas Minnesota Delaware Pennsylvania Washington Arizona Colorado Florida New Mexico New York Alaska North Dakota Utah Nevada
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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
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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.
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Advocates of Personal Appearance
National Association of Secretaries of State Uniform Law Commission National Notary Association American Society of Notaries Pennsylvania Notary Association
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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
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Trends in the Business Community
More stringent notary practices including: supervisory oversight mandatory training for those drafting and executing affidavits and required record keeping
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Consequences of Errant Notarizations
As a result of the notary’s negligence the victim may have … Lost Money Lost Property Lost Security Lost Life
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Terrorists
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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)
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Reliance on Notarized Documents
New legislation requires notarization Prima Facia status in our courts Most reliable form of authentication
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Problems With No Personal Appearance
Lacks opportunity to: Properly identify signer Determine competence or capacity Limits ability to establish volition
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The State of eNotariztion
Strong Viable Well vetted Ready for Implementation
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Contact Information Ozie Stallworth Electronic Notarization and Notary Enforcement Director N.C. Dept. of Secretary of State
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