Remote Online Notarization: Options and Issues
A lot has changed during the first part of 2020, but the need to execute business transactions quickly and effectively remains. Increased demands for touchless experiences, social distancing, and fewer in person meetings are a quickly becoming part of the New Normal. In this new era, remote online notarization can provide a timely, efficient and cost saving option for your notarization needs.
What is a Remote Online Notary?
A Remote Online Notary (RON), also called Webcam Notarization, is a process available to notarize executed documents without the parties having to be physically present in front of a notary. RON builds on the concept of electronic notarization, which introduced the use of electronic forms into the notary process.
Electronic notarization allows documents to be presented and notarized in their electronic form. But, unlike RON, the Notary must still witness, in person, the execution of the documents. RON removes the burden of personal appearance. While electronic notarization is authorized throughout the United States, by March of 2020 only 23 states had enacted laws that allowed notaries to conduct remote notarizations.
Documents notarized through RON are legally binding in all 50 states, but RON currently can only be conducted in one of these states that have enacted laws permitting its use: Arizona, Florida, Idaho, Indiana, Iowa, Kentucky, Maryland, Michigan, Minnesota, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Dakota (limited use), Tennessee, Texas, Utah, Vermont, Virginia, Washington and Wisconsin. Several states have emergency orders allowing the use of RON: Arkansas, New York, Maryland, Washington, Colorado, West Virginia, Kentuky, Michigan, New Jersey. Always check the requirements for your state before proceeding.
If you live in a state that permits RON, you can take advantage of this option if you have an internet connection, a camera and microphone, and an account with an established RON service or your own certification as a RON. The technology and disclosure requirements vary by state, but in general the following conditions must be met in addition to the existing requirements for electronic notarization:
The technology used must allow the notary to see and hear individuals, with accommodations made for people with impaired ability to communicate.
The technology should allow the notary to use multifactor authentication to determine the identity of the remote individual and the documents to be signed.
The technology must create an audio-visual recording of all interactions between the notary public and the remote individuals that is retained for at least 10 years. Some states have adopted shorter retention requirements.
Who is Authorized to Perform RON?
There are several platforms that offer end to end RON solutions, with many specialized for home buying. Using one of these platforms simplifies & facilitates the process, and helps to ensure that all requirements for your state are met:
• Nexsys
• Notarize
• Pavaso
• Safedocs
• SIGNiX
The pricing models of these services vary and the best choice for you depends on the level of service required, the frequency of your need, the number of licenses needed, etc… Our team of experts can help you navigate the options and assist in the implementation of Remote Online Notary solution to help you continue to deliver quick, effective services in an increasingly competitive and demanding environment.