State Regulatory Developments

Maine Enacts Legislation Regarding Remote Notarization

Recently, Maine Governor Janet T. Mills signed into law The Revised Uniform Law on Notarial Acts (the “Law”), which provides for the electronic notarization and remote notarization of documents.  Previously, Maine enacted H.P. 1033, which temporarily extended the state’s remote notarization provisions, among other things.  WBK reported on H.P. 1033 here.

The Law contains requirements for all notaries public and also allows electronic and remote notarizations.  Notaries public must advise the Secretary of State of electronic or remote notarizations to be performed and provide information regarding the technologies the notary public intends to use for such notarizations.  The Law also specifies certain acts which cannot be completed remotely, such as witnessing the marking and sealing of an absentee ballot or administering an oath or affirmation to a candidate for office.

Further, notaries public must take a course and an examination to be commissioned as a notary public. The Law also provides requirements for record keeping and record retention.

The Law becomes effective July 1, 2023. The final version can be found here.