Electronic and Remote Notarization
Authorization and identity proofing
Remote online notarization is valid only where statute or a recognized pilot program authorizes it. The notary must confirm the signer’s identity by approved methods-credential analysis, knowledge-based authentication, or a trusted referee-and must conduct a live audio-video session. The notary and signer need not be in the same room, but the notary must be physically located in a jurisdiction where the notary is commissioned and the act is authorized.
Recording and technology
The system must create a tamper-evident electronic record, apply the notary’s electronic seal, and retain an audio-video recording for the statutory period. The notary should verify that the platform meets security and retention standards and should not use consumer video chat for a formal act unless the law permits.
Worked example
A signer on holiday abroad asks a notary in State A to notarize a deed remotely. State A’s remote-notarization statute allows the notary to perform the act if the signer appears by audio-video and the notary is located in State A. The notary confirms the signer’s location for the certificate, completes identity proofing, and records the session. If the destination jurisdiction rejects remote acts, the notary should warn the client and consider an in-person act.
Traps
Assuming every jurisdiction accepts remote notarization; skipping the recording; relying on a copied ID upload alone; and failing to confirm the signer’s willingness because the session feels informal.