New Law Enables More Online Notarizations in CA | Proof
California's new law AB 2004, effective January 1, 2025, enables all 58 counties to accept paper copies of electronically notarized real estate documents—verified by a "disinterested custodian" and a notary's jurat—thereby allowing remote online notarizations to be used statewide for property closings even in counties that do not support electronic recording.
Last year, California passed SB 696, authorizing notaries to perform remote online notarizations and ensuring that notarizations from other states were recognized in California. However, this legislation did not address situations where a real estate closing could not be electronically recorded.
Recently, California Governor Gavin Newsom signed AB 2004, which bridges this gap by allowing a copy of electronic documents to be submitted on paper and then recorded. This means customers across California can now use online notarization to close their property transactions.
What is AB 2004?
AB 2004 is legislation introduced by Assembly member Petrie-Norris in January 2024. The main impact of the bill for users of online notarization is that counties which only accept paper documents for recording will now have a way to process documents that were originally electronic.
How does it work? An individual, referred to as a "disinterested custodian" in the bill, presents a tangible copy of the original electronic documents to a notary public and swears an oath or affirmation that the tangible copy is a true and accurate reproduction. The notary then completes a jurat (a standard notarial act involving the swearing of an oath or affirmation), which will accompany the tangible documents to be recorded with the county.
What does this mean?
This change means that real estate across all of California can be closed using online notarization. Regardless of whether the county in which the property is located uses electronic recording, there is now a mechanism to allow buyers to purchase homes remotely and online throughout the state.
AB 2004 goes into effect on January 1, 2025. Once in effect, all 58 counties in California will be able to participate in a more secure closing process.