California Amends Notary Laws to Allow Remote Notarizations

California recently passed Senate Bill 696 (the Bill) to enact permanent remote online notarization statutes.  Online notarial acts may be performed on the date the Secretary of State certifies that its technology project necessary to implement statutes related to online notarization is complete, or on January 1, 2030, whichever is earlier, unless the Secretary of State seeks an extension.  

While some provisions of the Bill are similar to other states’ remote online notary laws, California also includes some more unique provisions.  For example, in order to register to perform online notarizations, a notary public who holds an existing California notary public commission will have to resign their current commission and reapply using the new application process.  Additionally, notaries will be required to record each online notarial act in one tangible sequential journal as well as in one or more secure electronic journals. 

Starting January 1, 2025, the Bill requires that a business that provides a software platform for remote online notarial acts for principals located in California must comply with certain requirements, including that it must prompt individuals to confirm they are located in California, and it must create and provide both an electronic journal entry and an audio-video recording of the remote online notarial act it facilitates.