2020 Interim Rules on Remote Notarization of Paper Documents

Section 1

Copy Certification by Videoconference of Instruments or Documents Delivered by Personal or Courier Service. — Where a person requests a notary public to certify a copy of an instrument or document through the use of videoconferencing facilities and said instrument or document is delivered to the notary public by personal or courier service, the following procedure shall be observed: a) The principal shall cause the delivery of the instrument or document for copy certification to the notary public by personal or courier service. The instrument or document shall be placed in an envelope which shall be 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) Upon receipt of the instrument or document for copy certification, the notary public shall: i. determine that the instrument or document to be copied is not a vital record, a public record, or publicly recordable. If it is, the notary public shall immediately notify the principal that the instrument or document cannot be copy-certified, and request him or her to cause its retrieval at his or her expense; ii. if the instrument or document can be copy-certified, schedule a videoconference with the principal wherein the notary public shall require him or her to confirm that the instrument or document exhibited by the notary public is the same instrument or document which he or she caused to be delivered to the notary public for copy certification; iii. proceed to make a copy or copies, as required by the principal or supervise the copying of the instrument or document; and iv. compare the instrument or document with the copy or copies made and ensure that it is or they are accurate and complete. c) After the matters set forth above are accomplished, the notary public shall complete the Notarial Certificate attached to the instrument or document or printed at the bottom portion of the copy or copies, 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 2

Where a person requests a notary public to certify a copy of an instrument or document through the use of videoconferencing facilities, and said instrument or document is sent by e-mail, the following procedure shall be observed: a) The principal shall take a photograph or scan the instrument or document for copy certification, and subsequently send such photograph or scanned copy to the notary public by e-mail. b) Upon receipt of the e-mail referred to in paragraph (a) above, the notary public shall: i. determine that the instrument or document to be copied is not a vital record, a public record, or publicly recordable. If it is, the notary public shall immediately notify the principal that the instrument or document cannot be copy-certified; ii. if the instrument or document can be copy-certified, print out the instrument or document and schedule a videoconference with the principal wherein the notary public shall exhibit the print out to the principal and require him or her to confirm that the instrument or document so exhibited is the same instrument or document sent to the notary public for copy certification; iii. proceed to make such number of copies of the instrument or document as required by the principal, or supervise the copying of the instrument or document; and iv. compare the instrument or document sent by the principal with the copy or copies made and ensure that it is, or they are accurate and complete. c) After the matters set forth above are accomplished, the notary public shall complete the Notarial Certificate attached to the instrument or document or printed at the bottom portion of the copy or copies, 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.