E-Notary Registration and Remote Notarization
Registration is separate from commissioning
A Mississippi notary who wants to perform electronic notarial acts must register as an e-notary with the Secretary of State and use systems that meet the state's technology and security requirements. Registration is not automatic with the notary commission. The notary must use an approved electronic signature and seal and must be able to produce a compliant electronic certificate.
Remote online notarization
For remote notarization, the notary and signer communicate by live audio-video. The notary must verify identity through identity proofing and credential analysis, confirm the signer's location, and keep a recording or journal entry as required. The notary must be physically located in Mississippi when performing the act and must state the location of the signer in the certificate if required by state rules.
Technology and records
The platform must capture the act, protect the electronic record, and retain the recording or journal for the required period. The notary remains responsible for the certificate, even if the platform generates it. A vendor's approval does not replace the notary's independent duty to identify the signer and confirm willingness.
Worked example
A notary commissioned normally buys an online platform and immediately notarizes a deed for a signer in another state. Reasoning: the commission alone does not authorize remote online notarization. The notary must first complete e-notary registration, use an approved system, perform identity proofing, and record the session. If any step is missing, the notarization is vulnerable.
Traps
- Assuming a paper commission authorizes remote acts.
- Skipping live audio-video or identity proofing.
- Failing to retain the recording or journal.
- Letting the platform's certificate override missing facts.