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Remote Notarization: What You Need To Know

by Stene Duckworth | Jun 24, 2020 | Best Practices, Notary Agents

Updated 4-1-20.

Editor’s note: Amid the COVID-19 crisis, the NNA is receiving heavy call volume from Notaries asking about Remote Online Notarization. Please refer to this frequently updated article for guidance before calling. If you live in a state that has authorized the practice and has rules in place — or if your state has issued emergency authorization — then you may perform remote notarizations. If your state has not authorized RON — or has authorized it but has not put rules in place — then you are not authorized to perform remote notarizations. However, if you have a signer requesting it refer them to one of the numerous companies that are set to perform them. (see list below).

As more states pass laws authorizing remote online notarizations, the practice continues to raise questions among Notaries and signers alike. What is remote notarization? Where can it be performed? Who can request it? Can I perform it? What technology is needed?

COVID-19 UPDATE, 3-25-20:

In response to the ongoing COVID-19 health emergency, a number of states have issued emergency measures allowing Notaries to perform remote online notarizations during the crisis. For full information and updates, see “States Take Emergency Action On Remote Notarization And Signers’ ID.”

Here are answers to the most common questions.

What is remote notarization?

With remote notarization, a signer personally appears before the Notary at the time of the notarization using audio-visual technology over the internet instead of being physically present in the same room. Remote online notarization is also called webcam notarization, online notarization or virtual notarization.

Is remote notarization the same as electronic notarization?

Many people confuse electronic notarization with remote notarization, believing they are the same. They are not.

Electronic notarization, or eNotarization, involves documents that are notarized in electronic form, and the Notary and document signer sign with an electronic signature. But all other elements of a traditional, paper notarization apply to electronic notarization, including the requirement for the signer to physically appear before the Notary.

The confusion arises from the fact that Webcam notarizations typically involve digital documents that are signed and notarized electronically. However, they go a step further in that the transaction is conducted online rather than in person.

What states allow remote notarization?

Currently, 23 states have passed remote notarization laws. Out of those states, 17 have laws that are in effect as of January 1, 2020. Currently, 14 of these states have fully implemented their remote notarization procedures, meaning the law has taken effect and Notaries are currently authorized to perform remote online notarizations in those states.

Virginia, fully implemented

Texas, fully implemented (Additional emergency ID rules for Notaries currently in place, see “COVID-19 UPDATE” above)

Nevada, fully implemented

Minnesota, fully implemented

Montana, fully implemented

Ohio, fully implemented

Tennessee, fully implemented

Florida, fully implemented (Additional COVID-19 emergency rules in place, see “COVID-19 UPDATE” above)

Idaho, fully implemented

Kentucky, fully implemented

Oklahoma, fully implemented

Michigan, fully implemented

Utah, accepting applications to perform remote notarizations, according to the Lt. Governor’s website

South Dakota, fully implemented but with limitations (see below)

North Dakota, fully implemented (see below for more details)

Indiana, pending full implementation

Vermont, pending full implementation

Effective October 1, 2019, Montana Notaries are permitted to perform remote notarizations for signers outside the state.

Indiana and Vermont’s online notarization laws took effect on July 1, 2019. However, these states may require additional time to implement remote notarization rules and technology. Notaries interested in performing remote notarizations in these states should contact their state Notary regulating agency for information when remote notarization procedures and services will be made fully available.

South Dakota currently limits remote notarizations to paper documents only and signers for remote notarizations may only be identified through the Notary’s personal knowledge.

North Dakota’s webcam notarization law took effect on August 1, 2019. North Dakota issued guidance for remote notarization in March 2020.

Will other states permit remote notarizations in the near future?

States that have enacted remote notarization laws that have not taken effect yet include:

Wisconsin, effective May 1, 2020 (Currently permitting RON under special emergency rules, see “COVID-19 UPDATE” above)
Arizona, effective July 1, 2020
Iowa, effective July 1, 2020
Maryland, effective October 1, 2020
Nebraska, effective July 1, 2020
Washington, effective October 1, 2020

How do I prepare for remote notarization?

If you live in a state that has authorized remote notarization, simply follow the requirements of that state.

To find out what your state requires, visit your Secretary of State’s website or check the NNA’s Notary Law database for details of each of the laws mentioned above. The NNA also will continue to publish information as the states put their remote notarization programs into effect.

What kind of technology will I need to perform remote notarizations?

Each state that authorizes remote notarizations may establish its own technology standards and requirements.

There are a number of technology companies that offer end-to-end remote notarization systems. They include:

DocVerify
Notarize
NotaryCam
Pavaso
Safedocs
SIGNiX

In practical terms, signing up with one or more of these companies will provide the most online Notaries with the technology they need.

What training do I need to perform remote notarizations?

Currently, Florida, Nevada, and Ohio have training requirements for prospective online Notaries.

To learn how to use remote notarization technology, each online notarization company will provide training for their respective systems.

Will being a remote Notary increase my market value?

If you are a mobile Notary, adding services to your business offerings may increase your value, but it depends on the market and customers you serve.

How will clients know I am a remote Notary?

Some remote notarization system companies market their services directly to the public, so you don’t have to. A couple of companies also have apps in the Apple App Store and on Google Play. A person who needs to have a document remotely notarized downloads the app pays the fee and is connected to a remote Notary who can help them.

In these cases, companies function like signing services. Customers come to them for notarization, and they schedule a remote Notary through their system. Typically, when you sign up, they will ask you when you are available to perform remote notarizations. You’ll be paid a portion of the maximum fee for the remote notarization that the company collects from the signer through the app.

If you use a technology company that doesn’t market directly to the public, you will need to market yourself to potential clients just like you do today for paper notarizations.

Yes. Every profile has an “Additional Information” section where you can put other qualifications and services. Go ahead and list it there.

Michael Lewis is Managing Editor of member publications for the National Notary Association.

A Guide To Notarizing For Family Members

by Stene Duckworth | Dec 16, 2019 | Best Practices, Family Matters, Notary Agents

A Notary is an impartial witness to the signing of important documents. Spouses, parents, siblings, and children often need documents notarized — but can you serve as a family member’s Notary without bias? Here are some helpful tips for handling notarization requests from family members.

Not All States Permit Notarizing For Relatives

If asked to notarize for a family member, the first thing to do is to check your state’s laws. A few states prohibit Notaries from notarizing for most family members. Others prohibit notarizing for specific family members. For example, Florida and Massachusetts do not allow notarizing the signatures of a Notary’s spouse, parents or children, and Massachusetts extends this prohibition to half- and step-relatives. North Dakota, Oregon, and West Virginia prohibit notarizing for spouses only. A Pennsylvania Notary may not notarize signatures on documents that the Notary’s spouse has a direct or pecuniary interest in.

On the other hand, many states, such as Texas, do not restrict Notaries from notarizing for relatives at all. Some states, including Alabama, California and Montana, caution Notaries against notarizing documents for relatives even though the law doesn’t specifically ban it.

If You’ll Benefit, Don’t Notarize It

Even if your state doesn’t restrict you from notarizing for a family member, you shouldn’t do it if you will benefit from the transaction in any way. If you are in a community property state, any transaction involving your spouse could potentially benefit you as well — even if your name isn’t on the document. Some states, such as California, don’t specifically ban notarizing for relatives but do prohibit it if the Notary has some kind of involvement in the notarized document. For example, California prohibits its Notaries from notarizing a document if the Notary has a direct financial or beneficial interest such as being named in the document or receiving a gift or benefit from a transaction detailed in the document apart from the Notary’s statutory fee.

If you’re not sure whether you’d stand to benefit from notarizing a document for a relative, it’s better to be safe and refer the relative to another Notary who’s not related or involved in the transaction.

The Notary Public Code of Professional Responsibility offers helpful guidance on this thorny subject. It urges the Notary to decline to notarize for close and step-relatives. It also calls for Notaries to avoid even the appearance of partiality, which can happen in many cases involving family members.

Always Follow The Rules

If your state allows notarizing for a relative, remember that you still have to follow all the normal rules for identifying the signer and completing the notarization. Just because the signer is your spouse, child or other family members, it doesn’t give you the right to ignore Notary laws. Your relative will still need to appear in person before you, be identified according to state law and sign your journal entry if a journal record is required in your state.

If You Have Questions, Ask

Don’t be afraid to ask questions if you’re unsure about notarizing for a family member. Your state Notary agency may be able to help you, and NNA members can contact the Notary Hotline for assistance.

By David Thun on December 14, 2016, in Best PracticesDavid Thun is an Associate Editor at the National Notary Association.