Electronic Notarization, Including In-Person and Remote Online Notarization
Electronic notarization basics
An electronic notarial act is the same act with the same certificate, done on an electronic record. The notary applies an electronic signature and attaches an electronic stamp or seal information, and the certificate must be permanently attached to, or logically associated with, the electronic record so it cannot be detached without detection (tamper-evident technology). The notary must be able to show the certificate was applied at the time and by the commissioned notary.
Remote online notarization (RON)
In a remote act the signer and notary are not in the same place; they communicate by real-time audio-video. The concepts examiners test are:
- Identity proofing - knowledge-based authentication, credential analysis of a government-issued photo ID, and often a secondary check; personal knowledge may still substitute where the law allows.
- Physical location of the notary - the notary must be physically located in Oregon when performing the act, even though the signer may be elsewhere.
- Recording and retention - the audio-video session is recorded and retained for the statutory period, along with the journal entry.
- Consent and communication - the signer must be able to see and hear the notary, and the notary confirms willingness directly, not through an agent.
Traps
Questions often offer a "convenience" answer - notarizing a signer by email or phone only, skipping identity proofing because the signer "seems familiar," or failing to record the session. Oregon's rules on remote acts change with statute and Secretary of State rule, so confirm the current requirements before relying on a detail on the exam.
Rule of thumb: same act, same certificate, same journal - plus identity proofing and a recording.