Technology Enhancements to Notarization Process in 43 States
Technology Enhancements in Notary Law
March 2023
E Notary- Remote online Notary (RON) vs Standard Notary: Do you know the rules? Signer beware: If you are a registered notary notarizing server signatures remotely via a digital signature platform, you must be a RON approved notary for your state. This article is to raise awareness and motivate you to adopt internal practices that are following state specific Remote Online Notarization practices. Education is key in the age of technological advancements that are happening fast and furious. Many courts are struggling to keep up with E digitalization. We find ourselves explaining to the clerks who may be unfamiliar with digital notarized Affidavits that Remote Online Notarization is legal.
As process servers we are routinely asked to provide Affidavits that contain the final service results of our service. If notary is required to file the Affidavit in court , the notary signs in the “Oath” template section of the affidavit. Under new online rules the oath template language changes and the role of the notary is to verify signature and identification of the process server. This enhances the proof the affidavit of the process servers testimony of facts as outlined in the proof of service. If you’re a company that manages a network of process servers you understand the challenges many servers face in obtaining a local notary to notarize affidavits. The “in person” notary service is quickly being replaced by Remote Online Notary Services. Local banks that didn’t charge for notary services in the past are eliminating this service altogether as they adopt RON in their own business practices.
Fed Ex is one of several companies entering the RON space. Fed Ex as one example, has built and is offering to its customers the opportunity to utilize fee based Remote Online Notaries. Research reveals the cost varies depending upon the type of document and the time the RON will spend online with the signer. Current rates range between $25.00-$50.00 per notarization. Remember, these are the early days. As demand increases and more companies enter this space, the price will reduce. In the meantime, it’s best we learn the rules of our state and how we may be able to adapt RON into our own business practices.
A recent survey concluded that there seems to be some confusion surrounding what is the difference between electronic notarizations and online notarizations? Using OH as an example:
In electronic notarizations, the Notary performs a notarization using their electronic seal and electronic signature on a digital document. The signer physically appears before the Notary in person, and the notarization is completed electronically. Ohio Notaries with an active commission can perform eNotarizations without additional authorization from the Secretary of State.
In online notarizations, the signer personally appears before the Notary using audio-visual technology. The Notary must use an online notarization system to perform the act. Notaries must get approval from the Secretary of State to perform online notarizations.
As of March 2023, there are 43 states that allow remote online notarization (RON). Those states include:
Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Utah, Vermont and Virginia.
Each state has specific guidelines set forth that are required for RON notaries.
Please visit the National Notary Association website for specifics pertaining to your state.
Let us understand the rules of our state as essential components for the utilization of technology in a way that produces sustainability for our profession.