The Video Call Signing
Kyle is an Oklahoma notary with a traditional commission. A client, Ms. Nguyen, is in Texas caring for her father and needs a limited power of attorney to sell Oklahoma property. She calls Kyle and asks to do it by video. On the call she holds her Texas driver license to the camera, signs the POA while Kyle watches, and says she acknowledges it. She plans to overnight the signed POA to Kyle, who would then complete the certificate and apply his seal. Kyle can see her face and ID clearly, and the connection is stable. Ms. Nguyen says she cannot travel to Oklahoma before the closing in five days. Kyle has no remote online notarization authorization and no approved remote notarization platform.
1. Does Ms. Nguyen’s video appearance satisfy Oklahoma’s personal appearance requirement?
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No. Traditional Oklahoma notarization requires the signer to appear personally before the notary at the time of the act. A video call is not physical presence. Seeing the ID and watching the signature on screen does not satisfy the appearance requirement, even if the connection is clear and the notary has no doubt about identity. Only a notary with separate remote online notarization authorization, using an approved platform and complying with remote notarization rules, may perform a remote act. Kyle has neither.
2. May Kyle notarize the POA when the signed document arrives by mail?
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No. When the document arrives, Ms. Nguyen is not before Kyle. He cannot take her acknowledgment or administer an oath by mail. Watching her sign earlier by video does not carry over to the later date, and completing the certificate then would falsely state that she appeared before him. The certificate must reflect the actual notarial act, not a remote viewing followed by a mailed signature.
3. What options should Kyle explain to Ms. Nguyen?
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Kyle should decline and explain the options: Ms. Nguyen can appear before a notary where she is located, if that notary can properly acknowledge the document under applicable law; she can use an Oklahoma notary authorized for remote online notarization through an approved platform; or she can travel to appear before Kyle. Kyle should not apply his seal to the mailed document or complete a certificate claiming personal appearance. He should also avoid suggesting that the document is ‘as good as notarized’ because he watched on video.