ALTA Encourages Secretaries of State to Support SECURE Notarization Act
July 1, 2021
ALTA and the Mortgage Bankers Association (MBA) encouraged the National Association of Secretaries of State (NASS) to support the bipartisan Securing and Enabling Commerce Using Remote and Electronic Notarization Act (SECURE Notarization Act).
The SECURE Notarization Act has been reintroduced in the House and Senate. In a joint letter, ALTA and the MBA outlined several reasons why NASS should support the bill and addressed some frequently asked questions.
“The SECURE Notarization Act was drafted to complement state notarization laws and provide benefits to every state, regardless of where they are in the process of approving use of Remote Online Notarization (RON),” the letter said. “As a result, we hope there will be broad support from Secretaries of State for this legislative effort and that NASS will endorse the SECURE Notarization Act, which is consistent with the framework outlined in the NASS Standards for Electronic Notarization.”
NASS has provided leadership regarding the regulation and use of remote notarizations. Secretaries of State have a vital role ensuring modernization of the notarial process results in practices that are safe for consumers and guard against fraud.
The SECURE Notarization Act was drafted to function in harmony with the Uniform Law Commission’s Revised Uniform Law on Notarial Acts (RULONA 2018). The SECURE Notarization Act complements RULONA 2018 in much the same way the Electronic Signatures in Global and National Commerce (ESIGN) Act operates in tandem with the Uniform Electronic Transaction Act (UETA) to create legal certainty and a common framework around the use of electronic signatures.
“The COVID-19 crisis highlighted the need for expanded access options when it comes to notarial services,” the letter said. “As a result, lawmakers at both the state and federal levels are actively promoting bills to make RON safe, accessible, and viable for use on all types of documents. We support these complementary legislative efforts.”
Contact ALTA at 202-296-3671 or [email protected].