The C.A.R.-supported measure SB 696 (Portantino), which will allow California notaries to offer remote online notarization (RON) services, was signed into law by Gov. Newsom over the weekend.
RON, which has been in use in most other states and was particularly useful for real estate practitioners and their clients during the pandemic, will enable fully digital real estate closings. Proponents note there will be safeguards against fraud. This will provide REALTORS® and their clients with further notarization options.
The bill was passed on a unanimous vote of 39-0. Senate Bill 696 (Portantino), would allow California notaries to apply for a remote online notary commission upon the finalization of rules and regulations by the California Secretary of State.
As amended, SB 696 provides that California notaries could begin to provide online notarization services beginning January 1, 2030, provided that the Secretary of State does not inform the Legislature and Governor on or before January 1, 2029, that it needs additional time to ready the technology necessary for it to implement the RON statutes.
Other changes to the legislation made in the Assembly include the removal of a requirement that the Secretary of State maintain a secure, indexed repository of electronic journal entries and the audio-video recordings, as well as the removal of the ability for California notaries to certify that a tangible copy of an electronic record that is the subject of an online notarization is an accurate representation of the electronic record.
The bill would also now require California notaries authorized to perform online notarizations to maintain one tangible sequential journal containing certain information pertaining to online notarizations, in addition to any electronic journals that a notary maintains, as well as maintain a $25,000 bond.
The full language for the bill, as most recently amended, is available to read here.
sources: https://www.clta.org/news/651356/RON-Legislation-Passed-by-California-Legislature-Awaits-Governor-Newsoms-Consideration.htm
C.A.R. Virtual Advocate, October 5, 2023
– Devin Lucas
Author Devin R. Lucas is a Real Estate Attorney, Broker and REALTOR®, specializing in Newport Beach, Costa Mesa and Orange County coastal communities, serving individual and investors in residential real estate, including leasing and select local property management.
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REALTORS® and related Real Estate Law & Tax Considerations
Lucas Real Estate is a unique full-service residential real estate brokerage providing related residential real estate legal services and real estate tax considerations and planning, based in Newport Beach, California. | Devin Lucas is a licensed California Real Estate Attorney, Real Estate Broker and REALTOR® | Courtney Lucas is a California licensed CPA and REALTOR®
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