Mississippi House Bill HB1168

Mississippi 2024 Regular Session

• Introduced: 2/14/24
• Refer: 2/14/24
• Failed: 3/5/24

Caption

Mississippi Law on Notarial Acts; revise to allow notaries to perform remote online notarization.

Impact

The primary impact of HB 1168 is to modernize Mississippi's notarial laws, allowing for increased flexibility and efficiency in the execution of notarial acts through remote technology. This change aims to simplify the notarial process, especially in cases where parties are geographically distant. The bill also establishes that notaries must possess adequate technological knowledge and that any equipment used for remote notarization must meet specific regulatory standards, thereby ensuring accountability and integrity in the notarization process.

Summary

House Bill 1168 proposes significant updates to Mississippi law concerning notarial acts, particularly focusing on remote online notarization (RON). The bill seeks to define additional terms relevant to RON and outlines the necessary conditions for notarial officers to perform these acts. This is particularly relevant in the context of an increasingly digital society where remote transactions are becoming the norm. Key provisions include the authorization for notarial officers to certify tangible copies of electronic records and the requirement for such notarial acts to be evidenced by a certificate indicating they are performed remotely.

Contention

Notable points of contention may arise from the implementation of remote notarizations, particularly regarding the requirements for identity verification. Critics might express concerns over potential fraud or misuse when individuals are not physically present for notarization. Provisions such as requiring an audio-visual recording of the notarization and the stipulation that notaries verify identities using multiple methods of identification are designed to mitigate these risks, yet may also impose additional burdens on notaries and users alike.