Rules Finalized In California For eNotarization, eRecording

By Nevin Barich
nbarich@nationalnotary.org

Adding to the momentum created by the Pennsylvania eNotarization Initiative, state and industry officials in California recently finalized statewide regulations allowing for eRecording and eNotarization of certain documents.

The rules were established by an Attorney General's Advisory Committee, which included the National Notary Association, to implement California's Electronic Recording Delivery Act (ERDA). The Act authorizes any County Recorder to establish an electronic recording system so long as it's approved and regulated by the Attorney General.

The NNA's Electronic Notary Seal (ENS™) meets all regulations established under ERDA. Currently, 160 Notaries are using the ENS in California.

Under the legislation, digitized (scanned paper) instruments affecting a right, title or interest in real property can be electronically recorded. Also, digitized or digital (entirely electronic) reconveyance instruments, substitutions of trustee, and assignments of deeds of trust can be electronically recorded.

Additionally, Notaries are authorized to perform eNotarizations without affixing a graphic image of a seal as long as the electronic signature contains the Notary's name; the words "Notary Public"; the name of the county where the Notary's bond and oath are filed; the Notary's commission ID number; and the vendor ID number assigned to the vendor who manufactured the Notary's physical or electronic seal.

For more information on California's Electronic Recording Delivery Act, visit www.ag.ca.gov/erds1/index.php.