e notarization powerpoint

7/26/2019 e Notarization Powerpoint

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e-notarization: are we ready?


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CONCEPT OF E-NOTARIZATION

The act or process employed by a notary publicby afxing his electronic signature and seal toan electronic document.


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All the requirements o a paper or ink signednotarization are still required.

Must be duly commissioned as a regular notaryand be issued a private/public key by thecertiying authority.

The authority to amend the notarial certicateor commission is vested on the !ecretary o!tate


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"ne o the methods employed by e#notaries is

the use o a digital signature and digital notaryseal to notarize digital documents and validate%ith a digital certicate.


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&urrently permitted in &aliornia' &olorado'

Michigan' Texas' (tah' )isconsin' *lorida'+ndiana' "regon' ,irginia' -ennsylvania' e%Mexico' ansas' 0ela%are and Arizona.


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The National Association ofSecretaries of State (NASS):

# afrms the role o the !ecretary o !tate as thesole authority to establish standards enabling e#notarizations that %ill protect signaturecredibility' avoid identity raud and provide

accountability to the public in order to promotesecure electronic commerce.


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1eore a notary public engage in e#notarization'

he must rst register his capability to notarizeelectronically %ith the commissioning ofcial' inthis case' the !ecretary o !tate. Theregistration %ill be accompanied by therequirements set orth by the A!!


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Uniform Electronic Transactions Act of1999

#the rst comprehensive e2ort to organize

state la% or the electronic commerceera.

#+t applies only to transactions in %hich theparties have agreed by some means toconduct their transactions by electronicmeans

#govern the e#notary and a paper#based or

ink#based notary. They are sub3ect to the


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The draters o the Act in their comment explained

that the passage o the (niorm 4lectronicTransaction Act does not create a ne% class onotaries' but rather creation o ne% signing toolsand methods or the notaries in states %ith suchapplicable la%.


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FEATURES OF NOTARIZATION INTHE PHILIPPINES

A Notary Public

-A notary public and notary reers to any

person commissioned to perorm ofcialacts under the otarial 5ules.


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Notarial Acts

ackno%ledgments6

oaths and afrmations6 3urats6 signature %itnessings6 copy certications6 and any other act authorized by these 5ules.


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Jurisdiction

#As a general rule' a notary public shall notperorm a notarial act outside his regular

place o %ork or business. "nly in certainexceptional circumstances may a notarypublic perorm a notarial act outside thegeneral rule. This is done at the request

o the parties in the sites %hich must stillbe %ithin his territorial 3urisdiction


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!"n is a notary #ublic not allo$"d to#"r%or& notarial acts'

A notary public is prohibited rom perorming anotarial act %hen the person involved as asignatory to the instrument or document is notpersonally present during the notarization and isnot personally kno%n to him or other%iseidentied by the notary public throughcompetent evidence.


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El"ctronic Co&&"rc" Act

# aims to acilitate domestic and internationaldealings' transactions' arrangementsagreements' contracts and exchanges andstorage o inormation through the utilization oelectronic' optical and similar medium' mode'instrumentality and technology to recognize theauthenticity and reliability o electronic

documents related to such activities and topromote the universal use o electronictransaction in the government and generalpublic.


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El"ctronic Co&&"rc" Act

# +t applies to any kind o data message and

electronic document used in the context ocommercial and non#commercial activities toinclude domestic and international dealings'transactions' arrangements' agreements

contracts and exchanges and storage oinormation.


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Ad&issibility o% El"ctronic (ocu&"nts

The 4lectronic &ommerce Act considers anelectronic data message or an electronicdocument as the unctional equivalent o a%ritten document or evidentiary purposes.


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Statutory Construction o%El"ctronic (ocu&"nts

The clause on the interchangeability o the terms7electronic data message8 and 7electronicdocument8' the technical %orking group o the1icameral &onerence &ommittee adopted bothterms and intended them to be the equivalent oeach one.


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Digital Signature

An 7electronic document8 reers to inormation orthe representation o inormation' data' gures'symbols or other models o %ritten expression'described or ho%ever represented' by %hich a

right is established or an obligation extinguished'or by %hich a act may be proved and afrmed'%hich is received' recorded' transmitted' stored'processed' retrieved or produced electronically. +t

includes digitally signed documents and anyprintout' readable by sight or other means %hichaccurately re9ects the electronic data message orelectronic document.


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TE)AS E-NOTARIZATION LA

+n :;;


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TE)AS E-NOTARIZATION LA

it authorizes the !ecretary o !tate to grantnotarial commission or to appoint a notarialpublic at any time upon satisaction o therequired qualications.


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the la% gives the parties to a transactionthe option to either send a paper#signedor ink#signed document or an

electronically#signed and recordeddocument to the other party.


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Ad*anta+"s

&onvenient *ast =egally 1inding -aper =ess =ess Time consuming

Accessible


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(isad*anta+"s

(navailability o access o internet nation%ide

>-hilippine !etting?6

!usceptiblity to raud @ but this can be a minorproblem i the e#notary has excellent security

measures 6


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CONCLUSION,RECOEN(ATION

+t is submitted that %e are ready to adoptthe mode o e#notarization in the-hilippines.

The legislature or 3udiciary could adopt ala% or rule that %ill govern the use o e#notarization in order to give lie to it.

A high penalty to be imposed on erringnotaries.


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T!is is !o$ it.s don"/

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