The Cancún Signing and the Homemade Platform
Diane holds a Missouri commission expiring November 30, 2026, and in 2022 added the Secretary of State's remote online notarization endorsement, filing the additional bond her RON application required. A title company asks her to notarize a warranty deed for a seller who is physically in Cancún, Mexico, and will appear by video. Diane plans to use a platform built by a friend that is not on the Secretary of State's list of approved providers. To save cloud storage she intends to delete the audio-video recording once the closing funds disburse and to make no journal entry for the act. The seller will display a Mexican passport printed in Spanish; Diane speaks no Spanish but says 'a passport is a passport.' The deed will be recorded in Jackson County, Missouri, and Diane will be sitting at her desk in Springfield, Missouri, during the session.
1. May Diane perform this notarial act for a signer located in Mexico, and what must be in place before she does?
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Conditionally, yes. Missouri's remote online notarization law allows a commissioned, RON-endorsed notary to notarize for a signer who is not physically in Missouri, so the seller's location in Mexico is not by itself a barrier, and Diane is located in Missouri as the statute contemplates. But two things must be in place. First, the act must be performed through a remote online notarization provider that meets the Secretary of State's requirements and is approved or registered for that purpose. A friend's homemade platform does not satisfy the statute, and any notarization performed on it is defective. Second, the RON endorsement carries an additional $25,000 surety bond on top of the $10,000 general notary bond. If the provider or the bond is missing, she must decline and refer the title company to a compliant provider.
2. Is the Mexican passport satisfactory identification here?
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Satisfactory evidence means a current, government-issued identification bearing a photograph and signature that the notary can actually evaluate. A Mexican passport can qualify in principle as government-issued photo identification, but Diane cannot verify what she cannot read, and 'a passport is a passport' is not an identity analysis. Her realistic options: use the platform's identity-proofing, which performs credential analysis and identity verification and may accommodate a foreign passport; obtain an English translation or a second form of identification she can read; or decline the engagement. If she proceeds without understanding the document and the signer later turns out to be an imposter, both her certificate and the recorded deed are exposed. She should note in her journal exactly what identification she reviewed.
3. What are her obligations regarding the recording and the journal, and what is the risk if she deletes the recording?
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Deleting the recording and skipping the journal are both violations. Missouri's RON rules require an electronic journal entry for each remote act, capturing at minimum the date and time, the type of notarial act, the signer's name and address, the identification reviewed, the fee charged, and a reference to the recording, and they require the notary to retain the audio-video recording and the journal for the statutory period, currently ten years. Storage costs are not an exception. The recording is the evidence that the signer appeared, was identified, and acted voluntarily; if the deed is later challenged, its absence undermines the notarization and exposes Diane to discipline, a bond claim, and personal liability. If she cannot meet the retention requirement, she should not take the engagement.