Updated 4-29-21. Requirements for performing a remote online notarization (RON) in the states that have enacted permanent laws, or a remote ink signed notarization allowed temporarily during the COVID-19 state of emergency can vary between states. However, there are 3 things Notaries must always do when performing these notarizations:
1. Always use live, real-time communication
RON requires the signer and Notary to use audiovisual technology to communicate remotely. During the notarization, all communication with the signer must be live in real time. Notaries and signers may not perform a RON using recorded messages. For example, a signer is not allowed to record a video message acknowledging a signature, and then send it to the Notary later so that a RON can be performed without the signer’s live participation.
2. Always be physically located in the commissioning jurisdiction
In the states that have enacted permanent RON laws, a signer may physically located in a different state or country than the Notary. In the states that have temporary RIN authorizations, the signer typically must be located in the state that provides the authorization. However, irrespective of where the signer is located, the Notary must always be present within the Notary’s commissioning state, territory or jurisdiction when the remote online or ink signed notarization takes place. Notaries cannot travel outside their commissioning jurisdiction to perform RONs and RINs. For example, a Notary commissioned in Texas decides to visit family in California. While in California, someone asks the Texas Notary to perform a RON. The Texas Notary cannot perform any RONs while the Notary is physically located outside the borders of Texas.
3. Always meet all requirements to perform RONs and RINs
Having a standard Notary commission is not the only requirement to perform RONs and RINs. Depending on state law, Notaries may also be required to apply for a special commission (for RONs specifically) or register with their state Notary regulating office (for temporary RONs and RINs), use an approved technology provider or take additional training before performing remote acts. Always meet these and all other requirements when performing RONs and RINs.
David Thun is the Assistant Managing Editor with the National Notary Association.
Related Articles:
How to perform a remote online notarization
States take emergency action on remote notarization and signers’ ID
Additional Resources:
NNA Knowledge Center RON Resources