AB 2368: California Online Notary Act of 2018.

Existing law authorizes the Secretary of State to appoint and commission notaries public in the number the Secretary of State deems necessary for the public convenience. Existing law authorizes notaries public to act as notaries in any part of the state.

This bill would enact the California Online Notary Act of 2018, and, commencing on July 1, 2019, January 1, 2020, would allow a notary public or an applicant for appointment as a notary public to register with the Secretary of State to be an online notary public, and would require the Secretary of State to develop an application for registration and establish rules to implement the act. act on or before January 1, 2020. The bill would authorize the Secretary of State to establish a fee for an application for registration as an online notary public. The bill would authorize an online notary public to perform notarial acts, and online notarizations by means of audio-video communication. The bill would establish various requirements applicable to an online notary public, including requiring an online notary public to keep one or more secure electronic journals to record online notarial acts, requiring an electronic notarial certificate to be a specified form, and requiring an online notary public to destroy certain information upon termination of a commission, as specified. The bill would make it a misdemeanor for any person who, without authorization, knowingly obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software, or hardware enabling an online notary public to affix an official electronic signature or seal. By creating a new crime, this bill would impose a state-mandated local program. The bill would also make other conforming changes.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.