How Remote Notaries Are Regulated
Remote Online Notarization (RON) is governed at the state level in the United States, with each jurisdiction establishing its own legal framework. States that permit RON typically do so through specific statutes or administrative rules that define who may act as a remote notary, how identity is verified, and how records are maintained.
To operate legally, remote notaries must meet their state's commissioning requirements and often must complete specialized training. They must use platforms that meet technical standards such as secure video conferencing, tamper-evident digital signatures, and identity verification protocols like Knowledge-Based Authentication (KBA).
Most states also require notaries to register their intent to perform remote notarizations with the Secretary of State and list the technology provider they plan to use. Some states impose additional steps, such as obtaining a separate commission or submitting an application.
Regulatory compliance includes maintaining an electronic journal and retaining audio-visual recordings of each notarization for a period defined by law—usually between 5 and 10 years. These records must be stored securely and made available upon request to appropriate authorities.
Federal law, including the E-SIGN Act and UETA, provides a general framework that supports the legality of electronic signatures and records but does not override state-specific notarial rules. As a result, remote notaries must be well-versed in both state law and the operational guidelines of their platform to remain compliant.
Cross-state recognition of remote notarizations is growing, though not universal. Many institutions accept out-of-state RONs if they comply with the commissioning state's laws, but exceptions exist. Notaries must always verify the legal acceptance of RON documents in the destination jurisdiction if notarizing for interstate purposes.
The regulatory environment continues to evolve as more states modernize their notary laws. Notaries should monitor changes closely to ensure continued compliance and uphold public trust.
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