Everything you need to know about the new shift toward remote online notarization (RON), from relevant regulations to exactly how it works.
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As we become more and more accustomed to the convenience that’s followed the rise of electronic signature technology, many have grown frustrated with the traditional paper-based, in-person process of notarization. But now, through remote online notarization (RON) technology, notarization is experiencing its own digital upgrade.
In addition to making business more efficient and improving the customer experience, notarizing documents with the help of a remote notary helps mitigate risk and fraud throughout the notarization process. Many states have already adopted RON legislation to allow a remote notary to notarize documents, and the trend has only accelerated since many people were forced to work remotely during the pandemic and have continued to do so.
In this notarization guide, we walk through everything you need to know about the new shift toward RON, from relevant regulations to exactly how it works. The questions we cover include:
A notary, also known as a notary public, is a public officer appointed by a government authority, such as a state or country, to serve as an impartial witness in the signing of legal documents. The primary function of a notary is to help prevent fraud and ensure the integrity of legal transactions.
To notarize a document means to have it certified by a notary public. Notarization involves the official verification of the authenticity of signatures on legal documents and the confirmation of the identity of the parties involved in the transaction. When a document is notarized, a notary public acts as an impartial witness to the signing of the document.
Once the notary has verified the identity of all signers and witnessed the signing of the document, they will typically affix their official seal or stamp to the document, along with their signature and other relevant details such as the date and location. This certification by the notary serves as evidence that the document was properly executed and that the parties involved were identified and witnessed by an authorized official.
No, you cannot notarize your own documents. Even if you are a notary public, by law you are only allowed to notarize documents for other people. Notaries are expected to remain neutral and objective, so they cannot notarize documents in which they are a party or have a stake. This helps to maintain the credibility and reliability of notarized documents.
At the core of these restrictions is the need to maintain impartiality and prevent a conflict of interest. Not only are notaries public forbidden from notarizing their own documents, they are also not allowed to notarize any documents in which they have a personal interest. For example, if a notary public’s spouse was selling their business, that notary public would not be allowed to notarize the sale documents because they have a financial interest in the transaction.
RON is the process of notarizing a document remotely through the use of electronic signature, identity verification, audio-visual communication and electronic notarial journal and record keeping technologies. These technologies enable notaries to notarize securely while also saving time and travel for themselves and the parties involved. Instead of meeting in a physical location to sign a paper document, the notary public and the signer can conduct a notarial act on their devices from wherever they happen to be located, as long as their state laws permit.
Across countless industries, professionals have discovered how dramatically RON makes signing and notarizing documents more efficient and less costly. RON is most commonly used in financial services, insurance, law and government, health and life sciences. In addition, there are plenty of other applications for RON in business services, technology, retail and many more sectors.
In the financial services and insurance industries, notarization is critical for ensuring the validity of certain transactions. The types of financial documents that may require notarization and may qualify for RON include:
Likewise, law firms and other entities in the legal services industry have a number of instances where RON can expedite and streamline the notarization process, where documents need to be notarized and qualify for RON. These include:
State and local governments use RON in several circumstances, including:
There are a number of other circumstances in which RON is useful outside the above-mentioned industries. They include:
More and more states are authorizing the use of RON, a trend that has only accelerated since the COVID-19 pandemic. The criteria for performing RON varies slightly by state, but most jurisdictions include the following mandates:
The foundation of current RON legislation—can be traced back to state and federal electronic signature laws. Core principles within these laws, some of which date back 20 years, are relevant today, including technology neutrality, auditability, security and data privacy.
While RON is recognized in many jurisdictions across the country, it’s still a relatively new process with evolving laws and standards. Because a few states have yet to fully adopt RON, many wonder about its validity across state lines. Fortunately, most states have statutes that recognize out-of-state notarial acts.
As long as RON has been completed in accordance with all laws in the state in which the notary public is seated and commissioned, the remotely and digitally notarized document is legally effective, like a traditionally notarized document—and should be recognized as such anywhere in the country. But you should make sure and check with your state and local authority to make sure this applies for the type of document and transaction you are trying to complete using RON.
Additionally, in most states with RON legislation, it doesn’t matter where the signer is located, whether within the United States or internationally. However, the notary overseeing the transaction must be seated in and commissioned by a state with active RON legislation and comply with all applicable laws. Again, you should check with your local jurisdiction to ensure RON is appropriate for your use case.
For more information about the validity of RON across state lines or laws governing RON in your state, browse our RON Legality Guide.
RON offers numerous benefits over in-person notarization, including:
With RON, signers can remotely sign and notarize agreements without gathering in the same physical location as the notary public. RON also makes notarization more accessible to people who lack the time or ability to travel to meet with a notary public, allowing:
Notarization is meant to ensure that both the person signing a document and the notary public are who they say they are. RON takes authentication even further than in-person notarization by using established identity proofing technologies, including:
RON employs a few additional security features to help show that a signed and notarized document is authentic.
Not all electronic or remote notarizations classify as RON. Additional notarization methods have emerged alongside developments in electronic signature and audio-visual technology. The two most notable alternatives to RON are:
In-person notarization
Remote notarization
