Remote notarization and electronic notarization
This domain tests remote notarization by audio-video communication and electronic notarization using electronic signatures and seals. The exam focuses on registration, approved technology, identity proofing, recording, retention, and the notary's physical location.
Remote notarization
Colorado allows a registered remote notary to perform notarial acts for a principal who is not physically present, using audio-video communication. The notary must register with the Secretary of State, use an approved remote notarization vendor, verify the principal's identity through identity proofing that meets the rules, confirm the principal's location, and record the entire session. The notary must be physically located in Colorado. The recording and journal must be retained for 10 years. The notary must be able to see and hear the principal and confirm that the principal is not being coached or coerced.
Electronic notarization
An electronic notarial act uses an electronic signature and electronic seal. The technology must be tamper-evident and must produce a certificate linked to the record. The notary must register for e-notarization and use an approved system. The electronic journal and seal must meet the same content requirements as paper.
Worked example
A notary performs a remote acknowledgment over a consumer video app, does not record the session, and does not confirm the principal's location. The act violates the remote notarization rules on approved technology, recording, and location verification. The certificate may be rejected, and the notary may be disciplined. The correct process is to use an approved vendor, record the session, complete identity proofing, and log the act.
Traps that cost marks
- Assuming any video call satisfies remote notarization.
- Forgetting to record or retaining the recording for the wrong period.
- Performing remote acts while physically outside Colorado.
- Using an electronic seal without registering.
- Skipping identity proofing because the notary knows the principal online.