Laws and Updates

The Federal SECURE Notarization Act: What It Means for Notaries Nationwide

The notary world is evolving fast—and one of the biggest changes on the horizon is the Federal SECURE Notarization Act. This proposed law is designed to make Remote Online Notarization (RON) and In-Person Electronic Notarization (IPEN) more accessible and consistent across all 50 states.

If passed, it will open the door for notaries everywhere to serve clients beyond their local borders while keeping strong standards in place for identity verification and document security.

🔍 What Is the SECURE Act All About?

The full name is the Securing and Enabling Commerce Using Remote and Electronic Notarization Act—yes, it’s a mouthful, but it carries a big impact.

Here’s what the Act is aiming to do:

Let all U.S. notaries perform RON for transactions that involve interstate or international commerce—even in states that don’t currently allow it.
Set federal guidelines for how RON and IPEN should be done (think: ID checks, secure tech, audit trails).
Ensure notarizations are recognized nationwide, no matter where they were performed, as long as they meet the federal standards.

🔐 How Would It Work?

If this law passes, here’s what it would require:

✅ Identity Checks: Signers would need to be verified by either a trusted process (like multi-step ID validation), a credible witness, or through personal knowledge.
🎥 Recordings Required: Notaries would need to record the audio-video session and store it securely.
🧾 Secure Documents: Any documents notarized electronically would have to include tamper-evident features to protect against changes after the fact.
🌍 Signers Outside the U.S.: Notaries could legally complete RONs for signers overseas—great for military families, expats, and international business.

📈 Why This Matters for Notaries

Bigger Reach: You’d no longer be limited to in-person signings in your own state. You could serve clients anywhere as long as the transaction crosses state lines.
Clearer Rules: Right now, every state has its own rules. This would lay out a national baseline so we all play by the same standards.
Extra Opportunities: If your state hasn’t yet rolled out RON—or if it’s slow to adopt tech—this law would let you jump ahead and start offering it.
And don’t worry—states can still add their own extra requirements. This law just sets the minimum bar that everyone must meet.

🕒 Where Things Stand Now

As of mid-2025, the SECURE Act has passed the U.S. House of Representatives and is under review in the Senate. It's not law just yet, but it’s getting strong support from industry groups, lawmakers, and businesses that rely on fast, secure document processing.

🧭 Final Thoughts from Notary Academy

This Act could be a game-changer—not just for notaries, but for the clients we serve. At Notary Academy, we believe in being ready for what’s next. If and when the SECURE Act passes, we’ll be rolling out training, tools, and tech tips to help you transition smoothly into this new era of online notarization.

We’ll keep you updated every step of the way.

Certified Digital Reporters & Legal Transcriptionists (AB 1189)

This new law creates two official roles in the legal world:

• Certified Digital Reporters can swear in witnesses and create official transcripts from legal proceedings.
• Legal Transcriptionists can now prepare and certify those transcripts for court use.

🧾 Why this matters:

This law doesn’t change notary duties directly, but it expands the field of professionals who can administer oaths and certify documents—something traditionally done by notaries.

🚨 What About 2026?

As of now, there are no confirmed notary-specific laws set to take effect in 2026—but we always recommend checking with the California Secretary of State’s Notary Division and Notary Academy for updates. Legislation can move fast, and staying in the loop keeps you ahead of the game.

✍️ California SB 988: Freelance Worker Protection Act

Effective January 1, 2025, California's SB 988—known as the Freelance Worker Protection Act—establishes new protections for freelance workers by setting minimum requirements for contracts and payment practices.

Who's Covered?

• Freelance Workers: Individuals or single-person entities hired as independent contractors to provide professional services totaling $250 or more within a 120-day period.

• Hiring Parties: Any person or organization in California engaging freelance workers, excluding government entities and individuals hiring for personal, family, or household purposes.

Key Provisions

• Written Contracts: Required for engagements of $250 or more, contracts must include: 

   Names and mailing addresses of both parties.

• Itemized list of services with their value and compensation method.

• Payment due date or mechanism for determining it.

• Deadline for the freelancer to submit a list of services rendered.

• Timely Payment: Hiring parties must pay freelancers by the contract's specified date or within 30 days of service completion if no date is specified.

• No Coercion: Once work has commenced, hiring parties cannot require freelancers to accept less compensation or provide additional services beyond the contract terms to receive timely payment.

• Anti-Retaliation: Prohibits discrimination or adverse actions against freelancers for asserting their rights under the Act.

Enforcement and Penalties

Freelancers may file civil actions for violations, with potential remedies including:

• $1,000 if a requested written contract was not provided.

• Up to double the unpaid amount for late payments.

• Damages equal to the contract's value or the value of work performed, whichever is greater.

Hiring parties are also required to retain contracts for at least four years.

🖋️ What This Means for California Notaries

As a California notary operating as an independent contractor, SB 988 directly impacts your business practices:

• Contractual Clarity: For services valued at $250 or more, ensure you have a written contract detailing the scope of work, compensation, and payment terms. This not only complies with SB 988 but also protects your interests.

• Timely Compensation: The Act mandates payment by the specified contract date or within 30 days of service completion if no date is specified. This provision helps safeguard against delayed payments.

• Record Keeping: Maintain copies of all contracts for at least four years, as required by the Act.

• Protection Against Retaliation: If you assert your rights under SB 988, such as requesting timely payment or a written contract, the Act protects you from retaliatory actions by hiring parties. 

By adhering to SB 988's provisions, you not only ensure compliance but also promote fair and transparent business practices within the notary profession.

📝 California AB 2004: Facilitating the Recordation of Electronic Documents

California Assembly Bill 2004 (AB 2004), signed into law on September 27, 2024, introduces a streamlined process for converting electronic records into tangible documents eligible for recordation by county recorders. This legislation bridges the gap between digital and paper documents—an important update in an era of growing electronic transactions.

🔍 Key Provisions:

• Disinterested Custodian Certification
  AB 2004 allows a disinterested custodian—a neutral third party not involved in the transaction—to certify that a tangible copy of an electronic record is a complete and accurate representation of the original digital version.

• Recorders Must Accept Certified Paper Versions
  County recorders are now required by law to accept these certified paper copies for official recordation—treating them with the same authority as original hard-copy documents.

• Amends Existing Code
  The bill amends Section 1207 of the Civil Code and adds Section 27201.1 to the Government Code, legally enabling this process across California’s recordation systems.

📌 What Does This Mean for California Notaries?

For notaries public, this law doesn’t change your core duties—but it directly impacts the workflow around electronically signed documents that require recording, especially in real estate and legal sectors.

Here’s what you need to know:

• You’re Not the Custodian (Usually)
  As a notary, you are not typically the “disinterested custodian” unless explicitly engaged and qualified in that neutral role. That said, you may work closely with custodians—such as escrow officers or legal clerks—who are facilitating this certification process.

• Bridging Digital Signatures to Paper-Based Recordation
  AB 2004 makes it easier to notarize documents signed electronically and then have them recorded via a certified paper copy. This is helpful for transactions where RON or eNotary laws aren't yet fully in place or accepted by all counties.

• Be Ready for Requests
  You may be asked to notarize a document that was originally created or signed electronically, but presented to you in printed form along with a custodian’s certification. AB 2004 gives that paper version legal standing for recordation—so your notarization can proceed as long as your usual requirements (ID, willingness, capacity, etc.) are met.

This is a forward-facing move that supports hybrid document workflows—an essential step as California ramps up toward broader digital notarization policies like those in SB 696.

📜 California SB 696: Remote Online Notarization (RON) Implementation Timeline and Requirements

California's Senate Bill 696 (SB 696), signed into law on September 30, 2023, introduces a structured approach to implementing Remote Online Notarization (RON) within the state. While the bill became effective on January 1, 2024, the practical application of RON by California notaries is contingent upon the completion of a comprehensive technology project by the Secretary of State or by January 1, 2030, whichever occurs first.

🗓️ Implementation Timeline

• January 1, 2024: SB 696 officially takes effect. However, California notaries are not yet authorized to perform RON until the necessary technological infrastructure is in place.

• January 1, 2025: Certain provisions become operative, including requirements for online notarization platform providers to verify their ability to facilitate RON transactions.  

• By January 1, 2030: The Secretary of State aims to complete the technology project enabling California notaries to perform RON. If the project is not completed by this date, the Secretary must report to the Legislature and Governor by January 1, 2029, potentially extending the implementation timeline.  

🛠️ Requirements for California Notaries to Perform RON

Once RON is fully implemented, California notaries must:

• Register with the Secretary of State: Notaries must apply and be authorized to perform RON.

• Complete Education and Examination: Undertake a two-hour course and pass an examination on online notarization.  

• Maintain Dual Journals: Keep both a tangible (paper) and an electronic journal for each online notarization.  

• Retain Audio-Video Recordings: Securely store audio-video recordings of each online notarization for at least 10 years.  

• Use Approved Platforms: Conduct RON through platforms approved by the Secretary of State.

• Implement Enhanced Identity Verification: Utilize multi-factor authentication methods to verify the identity of individuals appearing remotely.

   

   🌐 Interim Measures

Until California notaries are authorized to perform RON, the state recognizes remote notarizations conducted by out-of-state notaries, provided they comply with their respective state laws.