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H.R. 1777IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 6 · H.R. 1777

Recognition by State of notarizations performed under authority of another State

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(a) Recognition of validity Each State shall recognize as valid under the laws of that State any notarization performed by a notarial officer of any other State if— (1) the notarization is valid under the laws of the notarial officer’s State or under this Act; and (2) (A) the notarization was performed under or relates to a public act, record, or judicial proceeding of the notarial officer’s State; or (B) the notarization occurs in or affects interstate commerce. (b) Legal effect of recognized notarization A notarization recognized under subsection (a) shall have the same effect under the laws of the recognizing State as if that notarization was validly performed by a notarial officer of the recognizing State, without regard to whether the notarization was performed— (1) with respect to— (A) a tangible record; or (B) an electronic record; or (2) for— (A) an individual in the physical presence of the notarial officer; or (B) a remotely located individual. (c) Presumption of genuineness In a determination of the validity of a notarization for the purposes of subsection (a), the signature and title of an individual performing a notarization shall be prima facie evidence in any State court or judicial proceeding that the signature is genuine and that the individual holds the designated title. (d) Conclusive evidence of authority In a determination of the validity of a notarization for the purposes of subsection (a), the signature and title of the following notarial officers of a State shall conclusively establish the authority of the officer to perform the notarization: (1) A notary public of that State. (2) A judge, clerk, or deputy clerk of a court of that State.

Sec. 6: Recognition by State of notarizations performed under authority of another State · Public Law Tracker