The Remote Signing With a Faded Camera and a Proxy Signer
A notary authorized for remote online notarization connects to a signing for a power of attorney. The principal appears on video but the camera is poor; the notary can see a face but cannot clearly match it to the ID image. A second person off-camera prompts the principal repeatedly. The principal says she is signing as 'attorney-in-fact' for her father, who is not on the call. The document names the father as principal and the daughter as agent. The notary is asked to notarize the father's signature, which the daughter will apply. The platform records the session, and the notary's electronic seal is applied automatically.
1. Can the notary notarize the father's signature when he is not present?
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No, not on these facts. A notarial act requires the personal appearance of the signer-physical or, where authorized, remote audio-video-before the notary. The father is not present in any form, so the notary cannot certify his appearance or his acknowledgment. A daughter may sign as agent only if the principal has authorized her and the certificate reflects that the signature was made by the agent on the principal's behalf; but the notary still cannot certify the principal's personal appearance if he never appeared. If the state permits an agent to appear and acknowledge on the principal's behalf, the certificate must identify the agent and the capacity, and the notary must confirm the agent's authority. The notary should refuse to notarize the absent father's signature as if he appeared.
2. What identity and coercion concerns arise from the video quality and the off-camera prompter?
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Poor video prevents reliable identity verification. Remote notarization rules typically require the notary to match the signer to a government-issued photo ID and to use credential analysis or knowledge-based authentication; if the notary cannot make a clear match, she must stop. The off-camera prompter suggests possible coercion or coaching, which undermines voluntariness. The notary should ask the principal to speak alone, confirm she understands the power of attorney and its effect, and verify she is acting freely. If the prompter continues or the principal appears confused, the notary should terminate the session. The recording is useful evidence but does not cure a defective identity check or coercion.
3. What should the notary do about the automatic electronic seal and the recordkeeping?
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The notary remains responsible for the seal even if software applies it automatically. She must ensure the seal is applied only to a completed, accurate certificate and only after the act is properly performed. If the session is terminated, the seal must not be applied. The notary should verify the platform preserves the required journal entry-date, time, signer identity, ID method, act type, and recording reference-and should retain the recording per state rules. Automatic sealing does not shift liability; the notary must be able to explain and defend every certificate bearing her seal.