Effective January 1, 2019, the Minnesota Legislature enacted remote online notarization pursuant to Minnesota Statutes 358 and 359, allowing a notary public who is physically located in this state to perform a remote online notarial act as defined in Minnesota Statutes 358.645.
Remote Online Notarization Authorization Registration
To apply for Remote Online Notarization Authorization, applicants must be currently registered as an active Minnesota Notary, must have filed the notary public commission in the county where they live, must be in possession of proof of filing (receipt or copy) and be able to produce that proof upon request. If you have not filed with your resident county, you will need to comply with Minnesota Statutes section 359.061, Subd. 1 and 357.021, Subd. 2 (12) before applying for remote online notarization authorization.
A remote online notary public must be physically located in this state to perform a remote online notarial act pursuant to Minnesota Statutes 358.645, Subd. 3 (a).
Before a notary performs a remote online notarization, the notary public must register with the Secretary of State according to Minnesota Statutes 359.01, Subd. 5 and must certify that the notary intends to use communication technology that conforms to Minnesota Statutes 358.645, Subd. 2.
Term of Online Notarization Authorization:
Unless terminated under Minnesota Statutes 358.645, Section 15, the term of registration to perform remote online notarial acts begins on the registration starting date set by the secretary of state and continues as long as the notary public’s current notary commission to perform notarial acts remains valid.
Termination of a Remote Online Notary Public’s Registration – Pursuant to Minnesota Statutes 358.645, Subd. 8:
a) Except as provided by paragraph (b), a remote online notary public whose registration terminates shall destroy the coding, disk, certificate, card, software, or password that enables electronic affixation of the online notary public’s official electronic signature or seal. The remote online notary public shall certify compliance with this paragraph to the secretary of state through the secretary of state’s online commission record.
(b) A former remote online notary public whose registration terminated for a reason other than revocation or a denial of renewal is not required to destroy the items described in paragraph (a) if the former remote online notary public is reregistered as a remote online notary public with the same electronic signature and seal within three months after the former remote online notary public’s registration terminated.
Note: If your notary commission expires, you must re-register for remote online notarization authorization with the secretary of state.
Minnesota Statutes, Chapters 357, 358 and 359 (which govern notaries and notarial acts) may be downloaded from the Minnesota Legislature website at https://www.revisor.mn.gov/ or purchased through the Minnesota Bookstore by calling 651-297-3000.