The Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2025, or SECURE Notarization Act, establishes a framework for the nationwide authorization and recognition of electronic and remote notarizations. Its primary purpose is to enable notaries public to perform these modern notarization types for transactions affecting interstate commerce and to ensure their legal validity across state lines and in federal courts. The bill defines key terms such as "communication technology," "electronic record," and "remotely located individual" to clarify its scope.

For electronic notarizations, the bill requires the notary's electronic signature and other necessary information to be attached to or logically associated with the electronic record. This information must be bound to the record in a way that makes any subsequent changes evident. For remote notarizations, the remotely located individual must appear personally before the notary using communication technology, allowing for simultaneous sight and sound. Notaries must reasonably identify the individual through personal knowledge or satisfactory evidence, which can involve third-party data verification or a credible witness.

A crucial provision for remote notarizations mandates the creation and retention of an audio and visual recording of the notarization for a specified period, typically 5 to 10 years. The bill also addresses notarizations for individuals located outside the U.S., requiring the record to relate to U.S. jurisdiction or property. It clarifies that if state or federal law requires a personal appearance, this requirement is satisfied by remote appearance via communication technology when the notarization affects interstate commerce or relates to a public act of the notary's state.

The Act requires all Federal courts to recognize notarizations valid under the notarial officer's state law or this Act, granting them the same legal effect as if performed in the recognizing jurisdiction. Similarly, states must recognize notarizations performed by notarial officers of other states if valid under their laws or this Act, provided the notarization relates to a public act or affects interstate commerce. The signature and title of the notarial officer serve as prima facie evidence of genuineness and, for certain officers, conclusive evidence of authority.

Importantly, the bill does not compel notaries to perform electronic or remote notarizations or to use specific technologies. It also clarifies that failures to meet certain requirements do not automatically invalidate a notarization, preserving the rights of aggrieved persons to challenge underlying transactions. States retain significant authority to regulate notaries, including setting standards of care, establishing qualifications, and prohibiting notaries from performing these services as a sanction. The bill also prohibits false or deceptive advertising by notaries, specifically addressing the use of terms like "notario" and unauthorized legal advice.