An Examination of Traditional Notarization Steps into Digital Notarization: Benefits in Tanzania

Abstract

Conventionally, notarization suggested a traditional method that requires the signer to appear physically before the notary public, which is the practice in Tanzania. However, the rapid move of science and technology introduced a new way of performing notarization, that is, digital notarization and electronic notarization. This article aims to examine how traditional notarization steps in Tanzania can be accommodated in digital notarization. Methodology employed in this study is doctrinal, where various statutes and legal materials are examined in relation to traditional, electronic and digital notarization. It has been found out that the traditional notarization process or steps that are registration of notaries, appearance, verification of identity, verbal ceremony, signing process and recording of notarial act performed can also be covered in digital notarization. Digital notarization not only accommodates those steps but also provides extra advantages like saving time and cost, it is accessible and convenient, it ensures security, and used as prima facie evidence and expands legal services. This study recommends that Tanzania adopt digital notarization by amending its laws to add virtual appearance as an alternative to physical appearance. It also needs to incorporate clear rules of identification, recognition of electronic signature, recording and storing notarial acts, and registering notaries public for digital notarization