
Amanda Farrell - 2 years ago
Notaries are a part of some of the most meaningful and impactful transactions of people in their community. From buying a home to executing a business contract, notaries help establish trust between two or more parties and build confidence in the transaction. With remote online notarization, notaries are able to serve even more people with little geographical restrictions.
As long as notaries are working in a state that allows RON, get the proper certification, and follow guidelines specified by their commissioning state while executing an online notarization, this latest advance in business technology could be one of the most powerful tools to grow a notary business.
Remote online notarization or RON is the process of electronically signing and notarizing documents with the use of audio/video technology. Online notaries or eNotaries follow their state guidelines to identify the signers, complete the notarial act, and maintain the recordings. RON allows businesses and individuals to complete important transactions without meeting a notary in person.
For notaries working in a state with RON approval, this is a great opportunity to expand customer reach without leaving the home or office.
So far, 30 states have passed permanent remote online notarization laws. They include:
When it comes to the technology requirements, many of these states follow the minimum standards outlined in the SECURE Notarization Act, a federally proposed law to legalize RON in every state. The legislation is supported by organizations like the Mortgage Bankers Association and the American Land Title Association since it will have a profound impact on loan signings by providing legal certainty for mortgage lenders and settlement agents.
Those standards include:
However, some states have additional requirements like a specified list of state-approved RON providers or registration of a digital certificate. Notaries should carefully review their Secretary of State’s guidelines before becoming certified as an online notary or contracting with a RON provider.
Interstate recognition allows state-approved online notaries to execute documents remotely that will be recorded in another state. As long as the notary follows the rules of the state in which they are commissioned, the notarization is typically determined to be valid under interstate recognition statutes.
Under interstate recognition, the validity of a notarial act is dependent on the jurisdiction where it is performed, so the receiving state doesn’t impose its rules, making domestic commerce easier and cheaper to complete.
While no federal acts have been passed yet to create nationwide approval of RON, to many, the Full Faith and Credit Clause of the United States Constitution requires states to recognize the public acts of other jurisdictions.
Also, each state has one or more uniform or non-uniform versions of an interstate recognition provision specifically related to notarial acts.
To perform a remote notarization, you must meet your state’s RON certification requirements. Typically, this includes training as a traditional notary before moving on to RON-specific training. Some states may allow you to take both courses at the same time, and some states may require an examination after training.
Be sure to check with your Secretary of State for specific requirements.
The digital certificate creates trust in the transaction. In a digital age where cybercriminals impersonate professionals, the digital certificate that a notary is required to purchase acts as a form of ID. A third party confirms the purchaser’s identity and issues a certificate based on the vetting process.
The notary creates a password to protect the application of the digital certificate and can store it on a USB flash drive or computer. Like a lockbox for a physical stamp, the digital certificate is the mechanism to protect your digital signature and notary eSeal.
Here are the basic steps involved in a remote online notarization:
Each state with RON laws may have other specific requirements, so notaries should read their state’s statutes carefully before completing their first remote notarization.
The process to notarize documents remotely mimics the steps of a traditional notarial act, but there are some important differences.
You’ll notice that the most important parts of a traditional notarial act are still present in a remote notarization. The notary must:
Some key differences for a remote online notarization include: How Does Remote Online Notarization Work?
Remote online notarization is a new notarial method, and the technologies to support it are constantly evolving. States are also updating their requirements as the industry and lawmakers learn what’s working best. It’s common for notaries and other professionals to have questions about how they can best utilize RON. Choosing the right RON provider can be daunting, so if you have any questions about ProperSign and how it can help your business reach its RON goals, sign up for a demo or contact our sales team.
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