{"id":461,"date":"2021-03-22T20:18:01","date_gmt":"2021-03-23T01:18:01","guid":{"rendered":"https:\/\/communimatics.com\/?page_id=461"},"modified":"2021-03-22T20:27:18","modified_gmt":"2021-03-23T01:27:18","slug":"remote-online-notarizations-across-state-lines","status":"publish","type":"page","link":"https:\/\/communimatics.com\/index.php\/remote-online-notary-services\/remote-online-notarizations-across-state-lines\/","title":{"rendered":"Remote Online Notarizations across State lines"},"content":{"rendered":"\n

Authored by James Denvil and Stevie DeGroff in collaboration with DocuSign.<\/em><\/p>\n\n\n\n

Digital technologies are paving the way for more convenient and efficient transactions. Paper documents and wet-ink signatures are being replaced by their electronic equivalents, and \u201cin-person\u201d appearances can now be facilitated by secure and remote audio-visual solutions. More than half of the states in the U.S. have adopted permanent remote online notarization (\u201cRON\u201d) laws, and most of the remaining states have approved RON by executive or emergency order.  In this article, we summarize the U.S. legal framework for RON, explore why notarial acts conducted in compliance with a state RON law likely will be recognized in any other state (even those that do not have RON laws), and discuss some steps to take when relying on RON.<\/p>\n\n\n\n

Most of us are all too familiar with the challenges of finding and meeting with a notary when needed to witness the signing of official documents associated with real estate, family law, corporate, or similar matters. If you do not have a notary in house, the need to physically appear before a notary can frustrate the prompt finalization of important matters as parties and the notary attempt to schedule in-person meetings.<\/p>\n\n\n\n

But like many other activities, digital technologies are paving the way for more convenient and efficient transactions. Paper documents and wet-ink signatures are being replaced by their electronic equivalents, and \u201cin-person\u201d appearances can now be facilitated by secure and remote audio-visual solutions. As a result, more than half of the states in the U.S. have adopted permanent remote online notarization (\u201cRON\u201d) laws, and most of the remaining states have approved RON by executive or emergency order.<\/p>\n\n\n\n

In this article, we summarize the U.S. legal framework for RON, explore why notarial acts conducted in compliance with a state RON law likely will be recognized in any other state (even those that do not have RON laws), and discuss some steps to take when relying on RON.<\/p>\n\n\n\n

RON transactions across state lines<\/h4>\n\n\n\n

Many of the core elements of the notarial process have remained consistent for centuries. These elements include (i) verifying the identity of an individual appearing before a notary, (ii) witnessing the document being signed, and (iii) confirming that the execution was an informed and willing act.<\/p>\n\n\n\n

At a high level, RON builds upon the traditional notarial process with industry-standard audio-visual technology and e-signature related technologies\u2014such as identity verification, fraud-evident encryption, and digital audit trails. Together, these technologies enable a notary public to remotely perform an efficient and secure electronic notarization.<\/p>\n\n\n\n

In states that authorize RON, most\u2014but not all\u2014agreements that can be notarized in person can also be notarized remotely. For example, some states that allow RON do not allow remote notarization of certain estate documents, such as wills. Specific RON requirements vary, but, where RON is authorized, a registered notary public relies on conventional audio-visual communication tools, and digital identity verification technologies to identify signers, acknowledge the signing of a document, and make an audio-visual recording of the execution by those individuals appearing before the notary.<\/p>\n\n\n\n

Some states may require the notary public to be physically located in the state where the document is being executed.  Other states provide that the notary need not be in the state of execution of the applicable parties.  <\/p>\n\n\n\n

Regardless of the state nuances, however, and as we have seen with traditional notarizations, there are strong arguments to support the claim that a RON transaction executed in accordance with state law should be recognized anywhere in the United States.<\/p>\n\n\n\n

RON recognition across state lines<\/h4>\n\n\n\n

There is well founded law and precedent recognizing the validity of notarizations validly performed in another state. So, there are strong reasons to believe that RON acts performed in compliance with the requirements of the notary\u2019s state will be afforded interstate recognition.<\/p>\n\n\n\n

Statutory support for interstate recognition<\/h5>\n\n\n\n

Interstate recognition laws range from full recognition of all out-of-state notarial acts to more limited recognition of out-of-state notarial acts in specific circumstances, such as recording deeds regarding real property.[1]<\/a><\/p>\n\n\n\n

The first Uniform Acknowledgments Act<\/strong> (\u201cUAA\u201d) was promulgated in 1894 and contained interstate recognition provisions. Since that time, several Uniform and Model Acts have been proposed and adopted, providing for interstate recognition of acknowledgments and other common notarial acts:[2]<\/a><\/p>\n\n\n\n