Remote Signing With No Recording
A Hawaii notary public is physically in Honolulu. A signer is physically in Nevada and asks the notary to notarize a power of attorney by remote online notarization. The notary uses a platform that performs knowledge-based authentication and credential analysis. The platform is set to record the audio-video session and store it. The signer says he is uncomfortable being recorded and asks the notary to turn off recording and "just watch me sign over video." The notary has an active commission, a compliant seal, and a journal. The signer has a valid Nevada driver's license and passes identity proofing. The notary wonders whether recording is optional and whether she may proceed.
1. May the notary proceed without recording the session? Explain the conditions for remote online notarization.
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No. If the notary performs a remote online notarization, she must comply with the applicable remote-notarization requirements, which include identity proofing of the signer and creation of an audio-video recording of the session. Recording is not optional merely because the signer objects. The notary is physically in Hawaii, which is the proper location for a Hawaii notary performing the act; the signer may be elsewhere, but the notary must remain within the commissioning state's authority. Without the required recording, the notarization would not meet remote-notarization standards and could be treated as defective or unauthorized.
2. What should the notary do if the signer continues to refuse recording?
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She should decline to perform the remote notarization and explain that recording is a required safeguard. She may offer alternatives: an in-person notarization if the signer can appear before a Hawaii notary or a notary in Nevada, or a remote session with a notary authorized in a jurisdiction whose requirements the signer is willing to meet. She should not turn off the recording, mute it, obscure the video, or rely on a screenshot as a substitute. No certificate or seal should be applied, and the journal should not record an act that was not completed.
3. Assume the signer agrees to recording and the act is completed. What should the notary document, and what must the certificate show?
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The notary should complete a certificate that identifies the act, the signer, the date, and that the act was performed by remote online notarization, with the required language and the notary's seal. The journal should record the date, act type, signer's name and address, the identity-proofing method, the fact that the session was recorded, and any fee. The recording and journal should be retained as required. The notary should also confirm that the signer appeared by live audio-video, was identified through the approved process, and signed or acknowledged in the notary's remote presence as the act requires.