2020 Interim Rules on Remote Notarization of Paper Documents

Section 1

Where the principal in notarial acts performed under these Rules affixes his or her thumbmark or other mark in lieu of his handwritten signature, the principal shall be required to affix such mark in the physical presence of two (2) unaffected and disinterested witnesses who shall sign their own names in addition to the principal's thumbmark or other mark. Thereafter, the principal shall cause the delivery of the instrument or document to the notary public by personal or courier service. The instrument or document shall be placed in a sealed envelope, together with the copies of the competent evidence of identity required in Rule II (in case of acknowledgment) or Rule III (in case of affirmation, oath, or jurat), or Rule IV (in cases where the signatures of witnesses appear in the instrument or document). 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.

Section 2

Upon receipt of the instrument or document, the notary public shall schedule a videoconference with the principal and the two (2) unaffected and disinterested witnesses. During the videoconference, in addition to the matters set forth in Rule II (in case of acknowledgment) or Rule III (in case of affirmation, oath, or jurat), the notary public shall: a) require the principal to confirm that he or she affixed his or her thumbmark or other mark on the instrument or document in lieu of a signature; b) require the principal to affix his or her thumbmark or other mark on a piece of paper within full view of the notary public for comparison with the thumbmark or other mark appearing on the instrument or document; c) require the principal to confirm that he or she has read the instrument or document if able to do so, or that the instrument or document has been read to him or her in its entirety, and that he or she has understood its contents by asking searching questions regarding the instrument or document. 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; d) require the witnesses to confirm their respective identities by exhibiting to the notary public the originals of their competent evidence of identity; e) require the witnesses to confirm their respective locations to the satisfaction of the notary public by showing their geolocation through an application with GPS capabilities or by showing the notary public identifiable landmarks or buildings within their respective vicinities; f) determine whether the witnesses are in fact unaffected and disinterested parties to the instrument or document by asking searching questions; g) require each witness to confirm that every signature in the instrument or document purporting to be that of said witness belongs to him or her and that it was voluntarily affixed thereon; h) require each witness to confirm that he or she personally witnessed the principal affixing their thumbmark or other mark thereon freely and voluntarily; and i) review the video clip submitted by the principal to verify that the witnesses actually saw the principal affix his thumbmark or other mark on the instrument or document as represented. After the matters set forth above are accomplished, the notary public shall be required to notarize the instrument or document bearing the thumbmark or other mark of the principal by acknowledgment or jurat through the use of videoconferencing facilities in accordance with these Rules. 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.

Section 3

Where the principal in notarial acts performed under Rules II and III is unable to affix his or her handwritten signature, thumbmark, or other mark on the instrument or document subject of the notarial act and requests the notary public to sign on his or her behalf, the principal shall place the instrument or document in a sealed envelope together with the copies of the competent evidence of identity required in Rule II (in case of acknowledgment) or Rule III (in case of affirmation, oath, or jurat), and two (2) copies of any competent evidence of identity, as defined herein, of the witnesses chosen by the principal. Thereafter, the principal shall cause the delivery of said envelope to the notary public by personal or courier service. 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. Upon receipt of the instrument or document, the notary public shall schedule a videoconference with the principal and two (2) unaffected and disinterested witnesses chosen by the latter. During the videoconference, in addition to the matters set forth in Rule II (in case of acknowledgment) or Rule III (in case of affirmation, oath, or jurat), the notary public shall: a) confirm the principal's inability to sign or affix his or her thumbmark on the instrument or document and the latter's request to have the notary public sign the instrument or document on his or her behalf; b) require the principal to confirm that he or she has read the instrument or document if able to do so, or that the instrument or document has been read to him or her in its entirety, and that he or she has understood its contents by asking searching questions regarding the instrument or document. 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; c) sign the instrument or document within full view of the principal and the two (2) unaffected and disinterested witnesses who shall also be within full view of the principal; d) require the witnesses to confirm their respective identities by exhibiting to the notary public the originals of their competent evidence of identity; e) require the witnesses to confirm their respective locations to the satisfaction of the notary public by showing their geolocation through an application with GPS capabilities or by showing the notary public identifiable landmarks or buildings within their respective vicinities; f) determine whether the witnesses are in fact unaffected and disinterested parties to the instrument or document by asking searching questions; g) require each witness to declare that he or she personally witnessed the notary public affixing his or her or signature on the instrument or document on behalf of the principal; and h) indicate below the notary public's signature, the following statement: "Signature affixed by notary in the presence of (names and addresses of the principal and two [2] witnesses)." After the matters set forth above are accomplished, the notary public shall be required to notarize the instrument or document bearing the notary public's signature by acknowledgment or jurat through the use of videoconferencing facilities in accordance with these Rules. 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.