Validity of Cross-State Notarization Under Federal Law

Cross-state notarization refers to the act of a notary public performing a notarization for a document intended for use in a different state. In the United States, this practice is legally valid under federal law, thanks to longstanding principles of interstate recognition and legal precedent. These principles ensure that notarizations performed in one state are generally recognized as valid in all other states.

The primary legal foundation for cross-state notarization lies in the Full Faith and Credit Clause of the U.S. Constitution, which mandates that each state must recognize the public acts, records, and judicial proceedings of every other state. A notarization is considered a public act, and as such, documents properly notarized in one state must be accepted by other states, provided the notarization complies with the laws of the originating state.

Federal courts have consistently upheld the validity of cross-state notarizations. For example, a document notarized in California is typically recognized as valid in New York, as long as the notarization adhered to California's legal requirements. This recognition facilitates legal and commercial transactions across state lines, such as real estate closings, loan agreements, and legal affidavits.

Remote online notarization (RON) has added complexity to cross-state notarizations, but the legal principles remain the same. If a RON is legally performed under the laws of the notary's commissioning state, it is valid in other states, unless explicitly prohibited. Many states have passed laws or entered into reciprocal agreements to acknowledge RONs from other jurisdictions, further solidifying the validity of cross-state notarizations.

While federal law provides a broad framework for recognition, individual state laws may impose specific requirements for accepting out-of-state notarizations. These may include additional authentication steps, such as an apostille or a certificate of authority. However, such measures do not negate the fundamental legality of the notarization itself.

In conclusion, cross-state notarization is valid at the federal level and widely accepted across the United States. This legal consistency supports the mobility of citizens, the efficiency of interstate commerce, and the modernization of notarial services, especially with the increasing use of remote technologies.