Legal Research

Notarizing Electronic Documents

By John Gregory

What is the best practice for making a notarial copy of an official document that is in electronic form only?

I am aware of a few US states that have provided for electronic notarization, and work is being done on a Uniform Act on notarial practice in such matters. (The current draft, if I recall correctly, leaves the technology to the state supervisor of the notarial profession.) I am also aware of preliminary developments of electronic apostilles (certificates of authenticity under the Hague Apostille/Legalization Convention), though they are not widespread yet, and the technology will not exist in every notary?s office for a long time yet.

Otherwise, what is done? If one prints the document and uses the printed version as the true copy, what does one say about the ?original?? How does one assure oneself of the authenticity of the original of which the printout is a copy? Or does one say ?a true copy of an electronic original purporting to be X?? Is that good enough?

Full post as published by Slaw.ca on June 14, 2010 (boomark / email).