Electronic Notary (E-Notary) Services

New Texas Online Notarization Laws Allows Remote Acknowledgment in Domestic and Cross-Border Transactions.

Effective on July 1, 2018, the new law enables a signing party to acknowledge documents via audio-visual communication, while retaining the option to physically appear in person before the notary. H.B. 1217 also expressly provides that the person giving the acknowledgment does not need to be physically present in the state of Texas, in order to obtain an online notarization from a Texas notary holding a separate online commission. The new procedure amends and supplements existing law concerning proofs of written instruments and notary commissions, in Chapter 406 of the Government Code and Chapter 121 of the Civil Practice and Remedies Code.

The Texas authorization to perform remote notarization will surely expedite routine banking and finance transactions and real estate closings, given the increased flexibility in times and places to acknowledge important documents. The new law will also bolster the efficacy of cross-border transactions, wherein the current rules requiring physical presence before a notary often impede the deal’s pace. For example, acknowledgments from persons in Mexico and China currently require the signer to make an appointment with the U.S. Embassy or consulate in the foreign country, in order to appear in person in order to obtain a notarized signature. H.B. 1217 now expands the concept of “personal appearance” to include appearance by means of two-way audio-video communication with the notary—allowing deal makers to make the necessary acknowledgments remotely and efficiently..