I have been asked to notarize documents for a wheelchair-bound client who is unable to make the trip to my office. She requested to perform the notarization online using Skype and a fax machine. She wanted to use the Internet video technology to identify her as the signer, as I will be able to see her face, and she can hold up her ID for me to examine. She can then fax me a copy of the ID so I can record the information. I will watch her as she signs the document, after which she will fax me the signatures and also a statement saying that she has signed the documents while I witnessed via the Internet. I can then record the transaction in my journal, noting it was performed online via video and fax. Are these procedures acceptable? – M.B., Philadelphia, PA
No. The Pennsylvania Department of State has stated that this is not an acceptable way to perform a notarization, as it violates the cardinal rule of “personal appearance.” Every person whose signature is notarized must always “personally appear” before the Notary, as a way to prevent potential fraud or forgery. Notaries cannot use Skype or any other web technologies to replace the personal appearance rule. The solution to your scenario is to advise your customer to find a mobile Notary who can travel to the customer to perform the notarization.
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
Kelle Clarke is a Contributing Editor with the National Notary Association.
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