Iowa Adopts Electronic Notary Provisions
The state of Iowa has adopted provisions relating to its Revised Uniform Law of Notarial Acts. These provisions are effective as of July 1, 2020.
Definitions
Definitions for terms such as “instrument affecting real property,” “identity proofing,” and “remote facilitator” have been added to the Act.
Personal Appearance
An existing subsection under the Act states that if a notarial act relates to a statement or signature made by an individual, said individual is required to personally appear before the notary public. A provision has been added to this subsection stating that personal appearance is satisfied by a remotely located individual using communication technology to appear before a notary.
Performance of Notarial Acts
Prior to performing a notarial act using communication technology for a remotely located individual, a notary public must first confirm the identity of the remotely located individual. An individual’s identity can be determined by: 1) personal knowledge; 2) verification on oath or affirmation of a credible witness appearing before the notary; or 3) verification of at least two different types of identity proofing.
The notary must also reasonably confirm that the record before him or her is the same record in which the remotely located individual made a statement or executed a signature.
Finally, the notary public must make an audio-visual recording of the performance of the notarial act. This recording must be retained by the notary or an agent of the notary for at least ten years. The certificate of notarial act must also indicate that the notarial act was performed using communication technology.
For the full text of Senate File 475, please refer to https://www.legis.iowa.gov/docs/publications/LGE/88/SF475.pdf
Elizabeth Dailey, JD, is a Regulatory Compliance Director with CLA. She is a graduate of the University of New Hampshire and earned her juris doctor at New England Law. She is admitted to the Massachusetts Bar.
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