SB 18-109

Senate Bill 18-109 allows notaries public in Colorado to perform notarizations remotely through audio-video communication for electronic documents. This means that people don't have to be physically present at the notary's office to get a document notarized, as long as they use a secure system with real-time video and keep recordings of these sessions for 10 years. The bill also sets rules for how notaries must verify someone’s identity during remote notarizations and ensures that any information collected is used only as required by law. It has been signed into law, so remote notarization is now legal in Colorado.

Official Summary

Current law requires an individual who wishes to have a document notarized to appear personally before the notary public. The bill authorizes notaries public to perform a notarial act on behalf of an individual who is not in the notary's physical presence, but only with respect to an electronic document. To perform a 'remote notarization', a notary must use a tamper-evident electronic system that conforms to standards established by rules of the secretary of state, including using real-time audio-video communications and keeping an audio-video recording of the notarization for at least 10 years. The bill establishes the standards that a notary must comply with to have satisfactory evidence of the identity of the person seeking the remote notarization. A notary is prohibited from using information collected during a remote notarization other than as allowed by applicable federal or state law. The bill appropriates $42,895 to the department of state for the implementation of the act. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More

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