Where can I get a contract notarized by a United States notary here in the DR?
Hi all,
I know that this thread is extremely old but it is also outdated and there have been some valuable updates. I had a client the other day who was had a terrible time notarizing an Amerian document. Read on.
Many states have enacted legislation to provide for electronic commerce and e-notarization.
https://www.nationalnotary.org/knowledge-center/news/law-updates
?UETA?
The Uniform Electronic Transactions Act was completed by the Uniform Law Commissioners of the National Conference of Commissioners on Uniform State Law. Uniform laws created by NCCUSL are offered to states for voluntary adoption into state statutes.) UETA removed barriers to electronic commerce by establishing equal legal status between electronic transactions and signatures and those that involve paper.
UETA defines ?electronic signature? as: ??an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.? This broad definition embraces the full spectrum of electronic signature types, including but not limited to a ?click through I accept or reject? action, the signer?s typewritten name or other typewritten string of characters, a digitized signature captured by a signature pad and stylus, a video clip, a sound clip, or a digital signature/certificate.
UETA also states that the electronic signature of a notary will satisfy statutory requirements for the notary?s paper-and-ink signature if the electronic signature, ??. together with all other information required to be included by other applicable law [i.e., the notarial certificate, seal information, commission expiration date, etc.] is attached to or logically associated with the signature or record.?
What this means: UETA allows for document signers and notaries to sign electronic documents with any electronic sound, symbol or process that they intend to be their legal electronic signature. While there seems to be no notarial seal requirement under UETA, the seal?s importance for purposes of document authentication (generally required for notarized documents traveling overseas or occasionally, interstate) is unchanged. To address this in part, UETA states that all the notary?s information that is normally required on the seal or required to be written on the notarial certificate must be ?attached? to or ?logically associated? with his/her electronic signature or record.
?E-SIGN?
In June 2000, The U. S. Congress passed the Electronic Signatures in Global and National Commerce Act, or ?E-SIGN.? E-SIGN was created to remove barriers to electronic commerce for interstate and international financial transactions. E-SIGN?s provisions overlap significantly with UETA?s and are designed to co-exist with the provisions of UETA.
Like UETA, E-SIGN established equal legal status between electronic transactions and signatures and those involving paper. E-SIGN also states that the requirements for notarization and acknowledgment of a ?record? (electronic document) will be satisfied if the electronic signature of the notary, along with all other required information (such as the notarial certificate and seal information), are attached to or logically associated with the signature or record.
What this means: While both UETA and E-SIGN authorized notaries to perform electronic notarizations, the exact details of completing an electronic notarial certificate, and ?attaching? it or ?logically associating? it to the document.
UETA - Uniform Electronic Transactions Act
UETA establishes the legal equivalence of electronic records and signatures with paper writings and manually-signed signatures, removing barriers to electronic commerce. States may opt to adopt the complete Act, or parts of it.
E-SIGN - Electronic.
Of course it's all meant to facilitate global commerce but it is now allowed.