REMOTE AND/OR ELECTRONIC NOTARIZATIONS

Remote notarization means a notarial act performed by a notarial officer, approved by the Secretary of State, for a remotely located individual using communication technology approved by the Secretary of State.

To clarify, the remotely located individual may be in another state or outside the United States.

Electronic notarization means performing a notarial act with respect to an electronic record using an electronic signature.

Regardless of the method used to perform a notarization, personal appearance is always required.

Yes. Effective July 1, 2023, Maine adopted the Revised Uniform Law on Notarial Acts (RULONA) which provides for remote and electronic notarizations.

However, before a notarial officer can perform a remote notarization or a notarial act with respect to an electronic document or using an electronic signature, the notarial officer must complete and submit the “Notice to Perform Electronic and/or Remote Online Notarizations” form to the Secretary of State and must receive approval by the Secretary of State.

Remote notarizations.  In a remote notarization, the signer of a document (referred to as a remotely located individual) is not in person with the notarial officer; rather, the notarization process is conducted using a technology provider that has been approved by the Secretary of State so that a notarial officer and a remotely located individual are able to communicate with each other simultaneously by sight and sound.

Electronic notarizations.  In an electronic notarization, the signer of the record must be in person with the notarial officer and not remotely located. The notarial officer will provide the mechanism for the record to be signed electronically using the technology of an approved technology provider.  The type of mechanism to be used will depend on the technology used by the notarial officer.  An example of a mechanism to sign a document electronically would be an electronic signature keypad that you often see when paying with a credit card.

Before a notarial officer can perform a remote notarization or a notarial act with respect to an electronic document or using an electronic signature, the notarial officer must complete and submit the “Notice to Perform Electronic and/or Remote Notarizations” form to the Secretary of State and must receive approval by the Secretary of State.

The following is some of the information that is required:

• The name(s) of the provider(s) of technology approved by the Secretary of State that the notarial officer has selected to use;
• A certification from each provider of technology confirming that the notarial officer has received training in the use of that technology and has been approved as a user of that technology;
• A certification by the notarial officer that the officer has read and understands the requirements of 4 M.R.S. chapter 39 and the administrative rules; and
• An example of the notarial officer’s electronic signature and official electronic stamp.

You are required to notify the Secretary of State within ten (10) business days of making the change.

Yes. A notarial officer MUST maintain a journal for all electronic and remote notarizations.

A journal is not required for in-person paper notarizations.  However, the Secretary of State strongly suggests that you maintain a journal for of all notarial acts.

A journal may be created in a permanent, bound register which contains page numbers or in an electronic format, which must be in a permanent, tamper-evident electronic format complying with the rules of the Secretary of State.

For all in-person paper notarizations: You may only keep one journal at any one time.

For all remote and electronic notarizations: You are permitted to keep more than one journal at the same time.

Journals must be retained for 10 years after the performance of the last notarial act recorded in the journal.

Yes. A notarial officer is required to do the training in the use of the approved provider’s technology. No additional test is required with the Secretary of State.