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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 remote 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, 40 states have passed remote notarization laws.

Out of those states, 34 have laws that are in effect as of November 2021. Those states include Alabama, Alaska, Arizona, Arkansas, Colorado, Florida, Hawaii, Idaho, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Vermont (see below), Virginia, Washington, West Virginia, Wisconsin and Wyoming.

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VA House Bill 2064 – House Bill 2064 – Remote Online Notarization (RON)

Notary Law Update: VA House Bill 2064

State: Virginia

Summary:

House Bill 2064 now authorizes a credible witness to identify a remote signer for a remote online notarization (RON) or requires two forms of “identity proofing.” It also requires new information to be included in the notarial certificate for a RON.

Signed:  March 11, 2021

Effective:  March 11, 2021

Chapter: 78

Affects:
Amends Sections 47.1-2 and 47.1-16 of the Code of Virginia.

Changes:

  1. Defines “credential analysis,” “identity proofing,” and “remote online notarization.”
  2. Modifies the identification requirements for remote online notarization by requiring the Notary to have (a) personal knowledge of the principal, (b) the oath or affirmation of a credible witness, or (c) at least two of the following: (i) credential analysis of an unexpired government-issued identification bearing a photograph of the principal’s face and signature, (ii) identity proofing by an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority, (iii) another identity proofing method authorized in guidance documents, regulations, or standards adopted pursuant to COV 2.2-436, or (iv) a valid digital certificate accessed by biometric data or by use of an interoperable Personal Identity Verification card.
  3. Requires a notarial certificate for a remote online notarization to include the county in Virginia where the electronic Notary was physically located at the time of the notarial act.
  4. Requires a notarial certificate for a remote online notarization to include a statement whether the notarization was done in person or by remote online notarization.
  5. Makes technical changes.

Analysis:

In 2012, Virginia was the first state to enact and implement remote online notarization. It was the state that started the most significant legislative trend in the history of the U.S. Notary Public office. Twenty-nine states have followed Virginia’s lead. In the intervening years, voices in the Notary community criticized Virginia’s RON statute for being weak on identification and not requiring a notarial certificate for a RON to explicitly state that a RON was performed. At the time Virginia enacted its bill, technologists were starting to figure out how to verify the identity of remotely located individuals. Virginia law only allowed a Notary to use personal knowledge, a digital certificate accessed by biometric data that complied with the prevalent federal standard, or an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority. States that followed Virginia in enacting RON moved to a different set of methods to identify individuals remotely, including “credential analysis” of a government-issued identification document such as a passport or driver’s license. House Bill 2064 now brings its methods of identification in line with other states by allowing a credible witness to identify a remote signer or requiring two forms of “identity proofing.” In another change, the notarial certificate for a RON now must indicate the name of the city or county in Virginia where the electronic Notary was located when they performed the RON and a statement indicating either that the notarial act was performed in person or by a RON.

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Can I administer an oath using Skype or Zoom?

FULL CREDITS: By NNA Staff on November 15, 2021

One of our law clerks recently passed the California Bar. Am I authorized to swear her in as an attorney, and can I witness her signing her Bar card via Skype or Zoom?  —  C.H., California

You are authorized to administer an oath to an attorney for the state bar (see GC 8205[a][2]), but you may not use Skype or Zoom to do it because California law does not give Notaries the authority to administer remote oaths. The oath must be administered to the individual in the Notary’s physical presence.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PT.

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Notary Public Code of Professional Responsibility

View or download The Notary Public Code of Professional Responsibility [PDF].

In 1998, the National Notary Association introduced the first-ever comprehensive and detailed code of ethical and professional conduct for America’s Notaries: The Notary Public Code of Professional Responsibility. The Code addresses common problems, issues and questions encountered by today’s Notaries by prescribing principles, standards and rules and applying them in helpful specific examples.

The Code is designed to guide Notaries Public when state statutes, regulations and official directives fall short in guiding notaries to perform their official duties. It also serves these functions:

  • Educates Non-Notaries – The Code may be handed to an employer, a coworker, a customer or any other user of notarial services to explain the Notary’s proper role.
  • Catalyst for Change – For lawmaker and administrators, the Codeis a moral imperative for progressive change and a catalyst for improving notarial statutes and conventions.
  • Reduces Fraud, Litigation – Widespread implementation of the Code will reduce fraud and the volume of civil and criminal lawsuits.
  • Fosters Confidence – Any Notary’s adherence to the standards of the Code brings confidence that he or she is acting in accordance with the highest professional and ethical traditions of the Notary office.
  • Engenders Respect – Widespread adherence to the standards of the Code will heighten professionalism and engender respect and recognition for the Notary office in this nation and abroad.
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