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eNotarization : The Premise, The Promise, The Reality, The Future. Ozie H. Stallworth Electronic Notarization & Notary Enforcement Director North Carolina Dept. of Secretary of State November 15, 2012. Purpose of Notarization. To protect citizens from fraud and forgery - PowerPoint PPT Presentation
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eNotarization: The Premise, The Promise, The Reality, The Future
Ozie H. StallworthElectronic Notarization &
Notary Enforcement DirectorNorth Carolina Dept. of Secretary of State
November 15, 2012
Purpose of Notarization
• To protect citizens from fraud and forgery– Requiring personal appearance is a critical
component to preventing fraud in every state
16 States With eNotary Laws
North Carolina VirginiaKansas MinnesotaDelaware PennsylvaniaWashington ArizonaColorado FloridaNew Mexico New YorkAlaska North DakotaUtah Nevada
NASS eNotarization Standards
• Adopted in July of 2006 and readopted in 2011 at the NASS Summer Conference.
• Standard 1 affirms that personal appearance is required for eNotarizations
• Standard 2 calls for the same form of identification for eNotarization as with traditional notarization
Uniform Law Commission -ULONA
• Uniform Law on Notarial Acts revised in 2010• Traditional and electronic notarization is
viewed as the same.• Individuals must appear in person before the
eNotary at the time of the transaction.• Personal appearance does not include an
“appearance” by video technology, even if the video is “live” or synchronous.
Advocates of Personal Appearance
• National Association of Secretaries of State• Uniform Law Commission• National Notary Association• American Society of Notaries• Pennsylvania Notary Association
Not Burdensome
• Requiring personal appearance presents no additional burden
• Personal appearance is not an impediment to business
• Eliminating the personal appearance requirement is contrary to every noted notary authority in the country
Trends in the Business Community
• More stringent notary practices including:– supervisory oversight – mandatory training for those drafting and
executing affidavits and – required record keeping
• Lost Money• Lost Property• Lost Security• Lost Life
As a result of the notary’s negligence the victim may have …
Consequences of Errant Notarizations
http://www.equipped.com/GRAPHICS/wtc_2ndplane.jpg
Terrorists
7 of the 19 terrorists from 9/11 obtained fraudulent identification, drivers license, and passports using corrupt or incompetent notaries.
(2002 testimony before the subcommittee on Crime, Terrorism, and Homeland Security)
Fact
Reliance on Notarized Documents
• New legislation requires notarization• Prima Facia status in our courts• Most reliable form of authentication
Problems With No Personal Appearance
• Lacks opportunity to:– Properly identify signer– Determine competence or capacity– Limits ability to establish volition
The State of eNotariztion
• Strong• Viable• Well vetted• Ready for Implementation
Contact Information
Ozie StallworthElectronic Notarization and Notary Enforcement DirectorN.C. Dept. of Secretary of Stateostallworth@sosnc.com919-807-2295
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