Tuesday, April 17, 2018

What do Texas, Virginia and Montana have in common? Online Notarization!

Effective July 1, 2018, Texas House Bill 1217 will go into effect. It amends Civil Practice and Remedy Code section 121.006 by adding sections (c) and (d), and section 406 of the Government Code.

This new law should benefit remote transactions.

The details in this new law include a $25 cap for services, interactive two-way audio and video communication that meets the online notarization requirements under Subchapter C, Chapter 406 of the Government Code rules adopted under that subchapter, and the requirements to create and preserve the online record for a period of 5 years after the date of the transaction or proceeding, and authorizing a criminal offence of a Class A Misdemeanor.

Online notary procedures are outlined in Section 406.110 of HB 1217.

The Texas Secretary of State adds Texas Uniform Electronic Transaction Act ("TUETA"), which applies to electronic notarization.

Texas ENotary
HB 1217 text is located here:
https://capitol.texas.gov/tlodocs/85R/billtext/pdf/HB01217F.pdf#navpanes=0
Virginia ENotary
https://commonwealth.virginia.gov/official-documents/notary-commissions/enotary-faq/ 
Montana ENotary
https://sos.mt.gov/notary/enotarization

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