Legality and Validity of Remote Online Notarization: Explained

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With the everyday shift of technology, all services have found their digital counterpart. That also includes notarization. Nowadays, remote online notarization is a game changer in the notary and legal industry. Let’s see what makes it so powerful.

Remote Online Notarization Is A Legal Game-Changer 

After the successful emergence of electronic signatures and remote working, the notary department was updated and now lives its digitalization days. 

Remote Online Notarization (RON)—a remote process that simplifies the notary workflow with the power of a few legal tools, documents, and licenses is available to all that need to get their papers notarized quickly. In other words, online notarization saves us time and energy as you don’t have to rush to the notary’s office for a signature.

This article elaborates on the details of online notarization so we can understand how it works, what notary services are available, and much more. Keep reading to learn more!

What Is Remote Online Notarization (RON)? 

Remote online notarization, or RON for short, refers to an online process of notarizing a given document remotely. This can be done through audio-visual communication, electronic signature, electronic notarial journal, record-keeping technologies, and other ways. 

This way of notarizing papers is super effective as it saves time for both parties while still providing a legal document. However, it’s important to note that the legalization of remote online notarization is not the same in all states. Namely, some are still working on its legalization, so before you ask for RON, check if the state laws allow it.

How Does Remote Online Notarization Work?

Remote online notarization is as straightforward as making an online purchase. Basically, you just meet online and conduct a notarial act. To simplify this even more, we provide a step-by-step guide on remote online notarization in the following list:

  • Uploading Documents: The individual person or business uploads the documents to the notary.
  • Documents Ready Notification: The notary receives a notification (from the platform they work on) and grants access to the signer.
  • Access to the RON Platform: The signer joins and begins with the authentication process.
  • Video-chat Session: The notary schedules a recorded video chat session with the signer in the presence of witnesses to verify identity and credentials.
  • Signing the Documents: The person sends the signed documents to the notary, ready for electronic notarization. The notary executes the notarization.
  • The Copy: The signer receives the notarized documents along with a copy of the audio-video recording, the authentication process, and the details about the notary, witnesses, and documents. Ultimately, they get uploaded to the notary’s digital journal.
  • Archiving the recorded documents: After a successful RON, the RON service provider archives the video recording and relevant data.

As you can notice, the whole procedure is quite simple. However, note that some documents may still require visits to the notary’s office. 

Which Types of Documents Can I Notarize Using RON? 

Namely, RON effectively notarizes documents within the financial service, insurance, law and government, and retail industry. In other words, most of the documents can be notarized online. However, due to the sensitivity of some papers, some states prohibit the following:

  • Testamentary trusts and amendments to trusts;
  • Self-proving wills and codicils;
  • Non-self-proving wills and codicils;
  • Documents containing a picture of a child;
  • I-9 forms;
  • Certified true copies of birth, death certificates, court-issued documents, or marriage;
  • Documents that have to be notarized for outside the US;
  • Documents where the notary has a beneficial interest.

What Are the Benefits of Using RON?

Apart from showing excellent performance in the notary business since its implementation, there are many other advantages notaries have with RON. The list is long, but the main benefits are the following:

  • Saves Time:  RON saves time for both the notary and the client, as both parties do not need to meet in person. Additionally, the signer has full access to state-licensed notaries faster than usual.
  • Minimal Fraud Risk: The risk of fraud when using RON is minimal, even though it’s conducted online. This is because any change that goes online has to be covered in an audio-video call that is archived in the system. That way, the notaries have better monitoring and more control over their client’s sensitive data, while the clients know that their documents are safe and unreachable.
  • Simplified Audits: RON simplifies auditing thanks to the editor tools in the system. The notary has access to many documents, so whenever they need a document, they can always reach the archive without having to visit offices.

Is Online Notarization Secure?

One of the frequently asked questions that bug many people and prevents them from using online notarization services is related to its safety. In reality, online notarization is a safe process.

Given that the RON uses robust security and electronic signature that has proved successful for more than 2 decades, we can denote that RON is a secure process. The technology of tamper-evident sealing of electronically signed and notarized documents saves any change made to the document, which allows us to see who made the changes. This way, any alteration to the document is noted, so you can always be in the know.

How Law Firms Use Remote Online Notarization

There are many cases where law firms have a large influx of documents for notarization. However, we’ve detailed the 2 most common ones.

Litigation

As litigation deals with a lot of affidavits (written and notarized statements from a signer, swearing they’re telling the truth), RON is an extremely helpful feature here. It simplifies the process and allows the proceeding to carry on uninterrupted. 

Namely, once the case progresses, the attorney may ask for motions and pleadings (aka more signatures) or settlement agreements for which notarization is imperative. In these situations, having electronic notarization remote service is more than time-saving. It allows you to track and archive the documents that pile as trials progress. Also, it allows users to meet deadlines without exposing them to unnecessary costs.

Estate Planning

RON in estate planning facilitates the entire process as it allows the clients and attorneys to create documents, fill, and sign online without any need to come to the office. 

Power of attorney (authorization that a person has the power to take action on someone else’s behalf) may be required in estate planning. But it often needs notarization. And going to the office for this simple document can impede the legal process. Hence, getting all documents notarized online simplifies the procedure of waiting, as attorneys and clients can wrap up the documentation online.

Real Estate

The legal documentation related to real estate is more complex as it involves two people (seller and buyer) or more (if there are spouses or business partners). It can have two-party or multi-party transactions, and sometimes, even state, municipal, private real estate, and other agencies are also involved. 

RON, in these situations, simplifies the process of signing and allows the legal parties to get access to state documents and conduct transactions faster. They just need to follow the process online, hence, wrapping up the selling/buying faster than ever.

Remote Online Notarization: Conclusion

Traditional notary services can be time-consuming, dull, and prone to many errors that can lead to many financial problems. RON has proved effective many times so far, as it works in favor of both notary public services and clients.

Given the benefits that come with RON, it’s no wonder that the practice of traditional notary services transitions to digital. Of course, those that want to become a notary public themselves need to obtain a traditional notary public commission before they submit for remote online notarization.

However, note that not all states allow remote online notarization. So before you choose to conduct this matter online, ensure your state laws allow it.

Author

  • Raymond Hickman

    Raymond Hickman is a distinguished lawyer, writer, and legal commentator with extensive experience in various areas of law. He is widely recognized for his exceptional legal knowledge, insightful analysis, and engaging writing style, which have earned him a reputation as a leading voice in the legal profession.With his exceptional legal expertise, insightful analysis, and engaging writing style, Mr. Hickman has earned a reputation as a leading authority in the legal profession. His contributions to the field of law have been recognized by his peers, clients, and the wider legal community, making him a valuable resource for anyone seeking legal advice or insight.

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