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August 5, 2024
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In-Person Electronic Notarial Acts: “Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall satisfy the requirements of [MS] section 359.01, Subd. 5, and shall notify the commissioning officer or agency that the notary public will be performing notarial acts with respect to electronic records” (MS 358.69, Subd. 2).
“Before performing electronic notarial acts, a notary public shall register the capability to notarize electronically with the secretary of state. Before performing electronic notarial acts after recommissioning, a notary public shall reregister with the secretary of state” Unless terminated for any reason, the term
of registration to perform electronic notarial acts begins on the registration starting date set
by the secretary of state and continues as long as the notary public has a valid commission
to perform notarial acts” (MS 359.01, Subd. 5). The statute specifically states that the requirements of MS Chapter 358 related to the performance of in-person electronic notarial acts do not apply to judges, clerks, deputy clerks and peace officers licensed under MS 626.845 for the purpose of administering oaths upon information submitted to establish probable cause to any judge or judicial officer under the Rules of Criminal Procedure.
“To apply for e-Notarization, applicants must be currently registered as an active Minnesota Notary and have the capability to notarize electronically before requesting authorization to perform electronic notarizations” (website, “Notary Help” > “E-Notarization Authorization”).
Upon acceptance of the application, the Secretary of State will issue the Notary an “E-Notarization Authorization Certificate.” If the Notary subsequently changes county of residence or renews the commission or if the commission expires, reregistration is required (website, “eNotarization Authorization” form).Remote Notarial Acts: “(b) A notary public commissioned in this state may apply for remote online notarization registration according to this section. Before a notary performs a remote online notarization, the notary must register the capability to perform notarial acts pursuant to section 358.645 with the secretary of state according to [MS] section 359.01, Subd. 5, and must certify that the notary intends to use communication technology that conforms to this section.
“(c) Unless terminated under this section, the term of registration to perform remote online notarial acts begins on the registration starting date set by the secretary of state and continues as long as the notary public’s current commission to perform notarial acts remains valid.
“(d) Upon the applicant’s fulfillment of the requirements for remote online notarization registration under this section, the secretary of state shall record the registration under the applicant’s notary public commission number.
“(e) The secretary of state may reject a registration application if the applicant fails to comply with [MS 358.645, Subd. 2] paragraphs (a) to (d). The commissioner of commerce may revoke a registration if the applicant fails to comply with [MS 358.645] Subd.s 2 to 6” (MS 358.645, Subd. 29[b] – [e]).
“(a) Except as provided by [MS 358.645, Subd. 8] paragraph (b), a remote online notary public whose registration terminates shall destroy the coding, disk, certificate, card, software, or password that enables electronic affixation of the online notary public’s official electronic signature or seal. The remote online notary public shall certify compliance with this paragraph to the secretary of state through the secretary of state’s online commission record.
“(b) A former remote online notary public whose registration terminated for a reason other than revocation or a denial of renewal is not required to destroy the items described in [MS 358.645, Subd. 8] paragraph (a) if the former remote online notary public is reregistered as a remote online notary public with the same electronic signature and seal within three months after the former remote online notary public’s registration terminated” (MS 358.645, Subd. 8).
Online Search
Requirement: The secretary of state shall maintain an electronic database of notaries public through which a person may verify the authority of a notary public to perform notarial
acts, including notarial acts pursuant to section 358.645, and to perform notarial acts on
electronic records” (MS 358.71).
Information on all Minnesota Notaries may be obtained online through the Secretary of State’s website (website, “Find a Notary”). Notaries can be searched by name, commission number, city, or county. Information provided includes full name, commission number, business, city, county, and status.
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Applicable Law: Minnesota has enacted the Revised Uniform Law on Notarial Acts provisions regarding notarial acts for remotely located individuals. These provisions are summarized below.
Technology Systems
Approval of System Providers: Not required. “Before a notary performs a remote online notarization, the notary must register the capability to perform notarial acts pursuant to section 358.645 with the secretary of state according to section 359.01, subdivision 5, and must certify that the notary intends to use communication technology that conforms to this section: section” (MS 359,358.645, Subd. 2[b]).
Listing of System Providers: The Secretary of State maintains a list of electronic and remote notarization system providers on its website at https://www.sos.state.mn.us/notary-apostille/notary-training-supplies.
Authority to Perform Remote Acts: “A remote online notary public: … may perform remote online notarizations authorized under this section” (MS 358.645, Subd. 2[a][3]).
Location of Notary: “A remote online notary public may perform a remote online notarial act authorized under this section only while the remote online notary public is physically located in this state” (MS 358.645, Subd. 3[a]).
Location of Remotely Located Individual: “A remote online notary public physically located in this state may perform a remote online notarial act using communication technology as defined in this section for a remotely located individual who is physically located:
“(1) in this state;
“(2) outside this state, but within the United States; or
“(3) outside the United States if:
“(i) the remote online notary public has no actual knowledge of the remote online notarial act being prohibited in the jurisdiction in which the person is physically located; and
“(ii) the person placing an electronic signature on the electronic document confirms to the remote online notary public that the requested remote online notarial act and the electronic document:
“(A) are part of or pertain to a matter that is to be filed with or is currently before a court, governmental entity, or other entity in the United States;
“(B) relate to property located in the United States; or
“(C) relate to a transaction substantially connected to the United States” (MS 358.645, Subd. 3[a]).
“A remote online notary public may perform a remote online notarization authorized under this section that meets the requirements of this section regardless of whether the principal is physically located in this state at the time of the remote online notarization” (MS 358.645, Subd. 7[a]).
“‘Communication technology’ means an electronic device or process that allows a notary public physically located in this state and a remotely located individual to communicate with each other simultaneously by sight and sound and that, as necessary, makes reasonable accommodation for individuals with vision, hearing, or speech impairments” (MS 358.645, Subd. 1[c]).Validity of Remote Acts: “The validity of a remote online notarization performed by an online notary public of this state according to this chapter shall be governed by the laws of this state” (MS 358.645, Subd. [b]).
Records of Remote Acts: For the requirements related to keeping an electronic journal and audiovisual recording of remote notarizations, see “Records of Notarial Acts,” below.
Tamper-Evident Technology: “A remote online notary public shall attach the remote online notary public’s electronic signature and seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident” (MS 358.645, Subd. 6[b]).
Maximum Fee for Remote Acts: For the maximum fee a remote online Notary may charge to perform a remote online notarial act, see “Fees for Notarial Acts,” above.
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