Issue: Interstate Recognition of Notarization Act

Impact:

 In the last two Congressional sessions, legislation was considered in the House to require state courts to recognize a notarization under the laws of other states.

Position:

No formal position

Summary:

 Representative Robert Aderholt (R-AL) introduced legislation in the 109th and 110th Congress. He introduced the Interstate Recognition of Notarizations Act of 2007 (HR 1979) on 4/20/07. An identical bill was introduced in the Senate (S 2083) by Senator Thomas Carper (D-DE) on 9/21/07. Both bills would require State and Federal courts to recognize any notarization made by a notary public licensed by a State other than the State where the court is located when such notarization occurs in or affects interstate commerce.

Representative Aderholt stated “Although the purpose of notarizations is the same across our Nation, each State has, in the course of time, established its own laws governing the recognition of notarized documents. And some things are required in some places, and other things are required in others. And so the lack of consistent technical rules and the resultant formalities make it unnecessarily difficult for courts to recognize out-of-State notarizations.”
The legislation is supported by the National Notary Association.

Status:

It is not certain whether similar legislation will be introduced in the 111th Congress.