2020 Interim Rules on Remote Notarization of Paper Documents

Section 1

Where an instrument or document is acknowledged before the notary public through the use of videoconferencing facilities, the following procedure shall be observed: a) The principal shall cause the delivery of the instrument or document requiring acknowledgment to the notary public by personal or courier service. The instrument or document must be integrally complete, bear the handwritten signature of the principal, and be placed in an envelope sealed with the initials of the principal. In cases where the principal chooses to cause the delivery of the sealed envelope through courier service, he or she shall be required to furnish the notary public with the details necessary to track its delivery once these details become available. b) If the principal is not personally known to the notary public, he or she shall be required to provide the notary public, by personal or courier service, two (2) copies of any competent evidence of identity as defined herein. If the principal is signing in a particular representative capacity, he or she shall be required to deliver to the notary public, by personal or courier service, two (2) certified copies of the document granting his or her authority to sign in such capacity as well as two (2) copies of any competent evidence of identity of the party granting such authority. If the party granting the principal's authority to sign is a corporation, the principal shall also provide two (2) copies of any competent evidence of identity of the corporate secretary certifying the principal's authority or two (2) duplicate originals or certified copies of the Board Resolution granting the principal's authority. The principal shall be required to exhibit to the notary public the original evidence of his or her identity and the original document granting his or her authority to sign during the videoconference for examination and comparison with the copies so provided. Whenever applicable, the copies of the competent evidence of identity required herein and/or the copies of the document granting the principal's authority to sign shall be placed together with the instrument or document in the sealed envelope referred to in paragraph (a) above. c) The principal shall also submit to the notary public a video clip showing that he or she actually signed the instrument or document delivered for acknowledgment. The principal may choose to submit this video clip to the notary public by storing it in a compact disc (CD) or Universal Serial Bus (USB) which shall be placed in the sealed envelope referred to in paragraph (a) above, or by sending the video clip by e-mail or any other means of digital communication. d) Upon receipt of the sealed envelope referred to in paragraph (a) above and video clip referred to in paragraph (c) above, the notary public shall schedule a videoconference with the principal during which the notary public shall: i. require the principal to confirm his or her identity; ii. require the principal to confirm his or her location to the satisfaction of the notary public by showing his or her geolocation through an application with global positioning satellite (GPS) capabilities or by showing the notary public identifiable landmarks or buildings within the vicinity; iii. open the sealed envelope wherein the instrument or document is placed within full view of the principal and require him or her to confirm that the instrument or document exhibited to him or her is the very same instrument or document which he or she caused to be delivered to the notary public for acknowledgment; iv. ensure that the instrument or document is kept within the full view of the principal at all times during the videoconference; v. require the principal to affix his or her handwritten signature on a blank piece of paper within full view of the notary public for comparison with the signature appearing on the instrument or document; vi. require the principal to confirm that the signature appearing at the end of the instrument or document belongs to him or her and that it was voluntarily affixed for the purposes stated therein; vii. review the video clip submitted by the principal to verify that he or she actually signed the instrument or document as represented; and viii. require the principal to declare that he or she has executed the instrument or document as his or her free and voluntary act and deed, and if acting in a particular representative capacity, that he or she has authority to sign in that capacity. The notary public shall assess the principal's voluntariness by examining his or her demeanor and immediate surroundings and by asking searching questions. Should there be other persons present in the videoconference, the notary public shall require such persons to identify themselves and state the reasons why they are in the immediate vicinity of the principal and if not satisfied with the reasons given, require them to leave the immediate vicinity of the principal for the duration of the videoconference. e) Should there be more than one principal, each shall be present either singly or in group/s during the videoconference and be required to comply and/or confirm compliance with the requirements and procedure set forth in paragraphs (a), (b), (c), and (d) above. f) After the matters set forth above are accomplished, the notary public shall complete the Notarial Certificate attached to the instrument or document or appearing below the signature portion thereof, affix his or her signature thereon by hand, and set his or her Official Seal. The Notarial Certificate shall state that the notarial act was done through the use of videoconferencing facilities in accordance with these Rules.