What are the requirements relating to a Texas notary public performing an electronic notarization?
In 2001, the Texas Legislature passed the Texas “Uniform Electronic Transactions Act. (“TUETA”). An online version of TUETA may be found at the Texas Legislature Online web site. TUETA only applies to transactions between parties each of which has agreed to conduct transactions by electronic means. Such Act includes a Section that provides for an electronic notarization. Section 43.011 of TUETA states: ยง43.011. NOTARIZATION AND ACKNOWLEDGMENT. If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. In addition The Texas Notary Public Act (“TNPA”) was amended to allow for the use of an electronic notary seal. The TNPA states that a notary seal “must be affixed by a seal press or stamp tha
