e-notarization: are we ready?

CONCEPT OF E-NOTARIZATION

The

act or process employed by a notary public

by affixing his electronic signature and seal to
an electronic document.

CONCEPT OF E-NOTARIZATION

All the requirements of a paper or ink signed

notarization are still required.

Must be duly commissioned as a regular notary

and be issued a private/public key by the
certifying authority.

The authority to amend the notarial certificate

or commission is vested on the Secretary of
State

CONCEPT OF E-NOTARIZATION

One of the methods employed by e-notaries is

the use of adigital signatureand digital notary
seal to notarizedigital documentsand validate
with adigital certificate.

CONCEPT OF E-NOTARIZATION

Currently permitted in California, Colorado,

Michigan, Texas, Utah, Wisconsin, Florida,
Indiana, Oregon, Virginia, Pennsylvania, New
Mexico, Kansas, Delaware and Arizona.

CONCEPT OF E-NOTARIZATION

TheNational Association of
Secretaries of State(NASS):

- affirms the role of the Secretary of State as the

sole authority to establish standards enabling enotarizations
that
will
protect
signature
credibility, avoididentity fraudand provide
accountability to the public in order to promote
secureelectronic commerce.

CONCEPT OF E-NOTARIZATION

Before a notary public engage in e-notarization,

he must first register his capability to notarize
electronically with the commissioning official, in
this case, the Secretary of State. The
registration will be accompanied by the
requirements set forth by the NASS

CONCEPT OF E-NOTARIZATION
Uniform Electronic Transactions Act of
1999
-the first comprehensive effort to organize
state law for the electronic commerce
era.
-It applies only to transactions in which the
parties have agreed by some means to
conduct their transactions by electronic
means
-govern the e-notary and a paper-based or
ink-based notary. They are subject to the

CONCEPT OF E-NOTARIZATION

The drafters of the Act in their comment explained

that the passage of the Uniform Electronic
Transaction Act does not create a new class of
notaries, but rather creation of new signing tools
and methods for the notaries in states with such
applicable law.

CONCEPT OF E-NOTARIZATION

CONCEPT OF E-NOTARIZATION

FEATURES OF NOTARIZATION IN
THE PHILIPPINES
A Notary Public
-A notary public and notary refers to any
person commissioned to perform official
acts under the Notarial Rules.

FEATURES OF NOTARIZATION IN
THE PHILIPPINES
Notarial Acts

acknowledgments;
oaths and affirmations;
jurats;
signature witnessings;
copy certifications; and
any other act authorized by these Rules.

FEATURES OF NOTARIZATION IN
THE PHILIPPINES
Jurisdiction
-As a general rule, a notary public shall not
perform a notarial act outside his regular
place of work or business. Only in certain
exceptional circumstances may a notary
public perform a notarial act outside the
general rule. This is done at the request
of the parties in the sites which must still
be within his territorial jurisdiction

FEATURES OF NOTARIZATION IN
THE PHILIPPINES
When is a notary public not allowed to
perform notarial acts?
A notary public is prohibited from performing a
notarial act when the person involved as a
signatory to the instrument or document is not
personally present during the notarization and is
not personally known to him or otherwise
identified by the notary public through
competent evidence.

Electronic Commerce Act

- aims to facilitate domestic and international
dealings,
transactions,
arrangements
agreements, contracts and exchanges and
storage of information through the utilization of
electronic, optical and similar medium, mode,
instrumentality and technology to recognize the
authenticity
and
reliability
of
electronic
documents related to such activities and to
promote the universal use of electronic
transaction in the government and general
public.

Electronic Commerce Act

- It applies to any kind of data message and

electronic document used in the context of
commercial and non-commercial activities to
include domestic and international dealings,
transactions,
arrangements,
agreements
contracts and exchanges and storage of
information.

Admissibility of Electronic Documents

The Electronic Commerce Act considers an

electronic data message or an electronic
document as the functional equivalent of a
written document for evidentiary purposes.

Statutory Construction of
Electronic Documents

The clause on the interchangeability of the terms

electronic data message and electronic
document, the technical working group of the
Bicameral Conference Committee adopted both
terms and intended them to be the equivalent of
each one.

Digital Signature
An electronic document refers to information or
the representation of information, data, figures,
symbols or other models of written expression,
described or however represented, by which a
right is established or an obligation extinguished,
or by which a fact may be proved and affirmed,
which is received, recorded, transmitted, stored,
processed, retrieved or produced electronically. It
includes digitally signed documents and any
printout, readable by sight or other means which
accurately reflects the electronic data message or
electronic document.

TEXAS E-NOTARIZATION LAW

In 2001, Texas adopted Section 11 of the Uniform

Electronic Transaction Act proposed by the
National Conference of Commissioners of
Uniform State Laws on its application of
electronic records and electronic signatures
relating to transactions in the conduct of
business, commercial, and governmental affairs.

TEXAS E-NOTARIZATION LAW

it authorizes the Secretary of State to grant

notarial commission or to appoint a notarial
public at any time upon satisfaction of the
required qualifications.

the law gives the parties to a transaction

the option to either send a paper-signed
or ink-signed document or an
electronically-signed and recorded
document to the other party.

Advantages

Convenient
Fast
Legally Binding
Paper Less
Less Time consuming
Accessible

Disadvantages

Unavailability of access of internet nationwide

(Philippine Setting);

Susceptiblity to fraud but this can be a minor

problem if the e-notary has excellent security
measures ;

CONCLUSION/RECOMMENDATIO
N

It is submitted that we are ready to adopt

the mode of e-notarization in the
Philippines.

The legislature or judiciary could adopt a

law or rule that will govern the use of enotarization in order to give life to it.

A high penalty to be imposed on erring

notaries.

This is how its done!