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How to Use Remote Notary Services: A Step-by-Step Guide

  • Writer: STANFLES GROUP
    STANFLES GROUP
  • 1 day ago
  • 6 min read

Updated: 18 minutes ago

Photo by Markus Spiske on Pexels

Remote online notarization makes it possible to have documents notarized without sitting across a desk from a notary. Instead, the signer and the notary connect through audio-visual technology over the internet, and the document is signed electronically. If you have never used this type of service before, the process can feel unfamiliar. This guide explains how to use remote notary services, what remote online notarization involves, and what you should check before you begin.

What Is Remote Online Notarization?

Remote notarization is when a signer personally appears before the notary at the time of the notarization using audio-visual technology over the internet. The traditional requirement of a physical, in-person appearance is therefore met through a live audio-visual connection instead of a face-to-face meeting.

Under remote online notarization, the document must be signed electronically, and the notary and the remotely located individual must be in separate locations. The signer still appears before the notary, but that appearance happens through the screen.

Many states now have rules that allow this process. An online notary public is a commissioned notary public in the State of Texas, for example, who has the authority to perform a remote notarization using audio-visual technology. Other states have their own definitions and requirements, so the exact process can vary depending on where the notary is commissioned.

Remote Notarization vs. Electronic Notarization

Remote notarization and electronic notarization are sometimes confused, but they are not the same thing.

Electronic notarization involves documents that are notarized in electronic form. The notary and the customer both sign with an electronic signature, and the notarial certificate and the notary seal are attached to or logically associated with the electronic record. Rather than a paper document and a rubber stamp, the notary digitally places his or her seal information into a document that exists as electronic data in a computer-readable form. All of the other elements of a traditional paper notarization still apply to an electronic notarization.

Remote online notarization goes one step further. It uses the same electronic document process, but the signer and the notary are in separate locations and connect through audio-visual technology over the internet. The legal requirement that the signer personally appear before the notary is met through that audio-visual connection.

Feature

Electronic Notarization

Remote Online Notarization

Document format

Electronic record

Electronic record

Signatures

Electronic signatures

Electronic signatures

Notary seal

Digitally placed on the electronic record

Digitally placed on the electronic record

Personal appearance

Traditional in-person appearance rules apply

Appearance through audio-visual technology over the internet

Signer and notary location

Governed by traditional notarization rules

Separate locations

How to Use Remote Notary Services: Step by Step

The typical process for a remote online notarization follows a clear sequence. Here is how it works when you use a remote notary service.

  1. Prepare the document. To begin, the sender uploads an agreement or uses a template for frequently notarized agreements. After uploading the document, the sender adds the signers and selects the notary.

  2. Confirm the notary is authorized. Remote notarization requires a notary who is commissioned and authorized to perform remote online notarizations. In some states, that means the notary must apply or register with the state and pay any required application fees.

  3. Join the audio-visual session. At the time of the notarization, the signer personally appears before the notary using audio-visual technology over the internet. The notary and the signer do not need to be in the same place, but the signer must be part of the live session.

  4. Sign the document electronically. The document must be signed electronically while the notary and the remotely located signer are in separate locations. The notary then attaches the notarial certificate and digitally places the notary seal on the electronic record.

  5. Complete the notarized record. Once the notarization is finished, the notarial certificate and seal are part of the electronic record, and the notarized document is ready to be shared with the parties who need it.

Why Use a Remote Notary Service

Remote notarization removes the need for the signer and the notary to be physically present in the same room. Because the signer appears before the notary using audio-visual technology over the internet, the notarization can happen when the signer is at home, at the office, or anywhere with a reliable connection.

For time-sensitive transactions, this can reduce scheduling delays. Rather than coordinating a meeting around a notary's location or office hours, the parties can complete the notarization through a remote session. The same legal requirement still applies: the signer must personally appear before the notary at the time of the notarization, and the document must be signed electronically.

Remote Notary Services for Real Estate Transactions

Remote online notarization is especially useful in real estate transactions where documents need to be signed quickly and where the parties may be in different cities. Instead of arranging an in-person meeting, the parties can complete the notarization through an audio-visual session.

The signer appears before the notary over the internet, signs the electronic document, and the notary attaches the notarial certificate and seal to the electronic record. This keeps the transaction moving without requiring everyone to gather in one location. For real estate professionals coordinating multiple closings, remote notary services can simplify the signing step while still following the rules for remote notarization.

How to Become a Remote Online Notary

Becoming a remote online notary starts with becoming a commissioned notary in your state. Once commissioned, you have to apply or register with your state to perform remote online notarization and pay any required application fees. Some states have different requirements, and some have additional steps beyond the initial application.

In Texas, an online notary public is a commissioned notary public who has the authority to perform a remote notarization using audio-visual technology. In Maryland, a notary must complete the remote notary notification form with the relevant state office. Because each state sets its own rules, the best first step is to check the website of your secretary of state or the office that regulates notaries.

Photo by Mikhail Nilov on Pexels

What to Verify Before Using a Remote Notary

Before you rely on a remote notary service, confirm that the notary is authorized to perform remote online notarizations in the state where the document will be notarized. Not every notary can perform a remote notarization automatically. Some states require registration, an application, or a notification form before a notary can offer the service.

Also confirm that the document is suitable for electronic signing. Remote notarization requires the document to be signed electronically, so paper-only documents may need to be handled differently. The sender can often upload an agreement or use a template for frequently notarized agreements, which makes the process easier to manage.

Frequently Asked Questions

Is remote online notarization legal in my state?

Remote notarization is allowed in states that have adopted rules for it. In those states, a signer personally appears before the notary at the time of the notarization using audio-visual technology over the internet. Some states require the notary to apply or register and pay application fees before offering remote services. Check with your secretary of state for the rules that apply in your state.

Do the notary and signer have to be in the same location?

No. Remote notarization requires the document to be signed electronically with the notary and the remotely located individual in separate locations. The notary and the signer connect through audio-visual technology over the internet, and the signer appears before the notary during the live session. The personal appearance requirement is satisfied through that audio-visual connection rather than a physical meeting.

What is the difference between electronic notarization and remote notarization?

Electronic notarization involves documents notarized in electronic form, with electronic signatures and a notary seal that is digitally placed on the electronic record. Remote notarization builds on that process by allowing the notary and the signer to be in separate locations and connect through audio-visual technology. With remote online notarization, the legal requirement that the signer personally appear before the notary is met through the audio-visual connection.

How do I start a remote online notarization?

To begin, the sender uploads an agreement or uses a template for frequently notarized agreements, then adds the signers and the notary. At the time of the notarization, the signer joins the audio-visual session and personally appears before the notary. The document is signed electronically in separate locations, and the notary completes the notarial certificate and attaches the seal to the electronic record.

Can any notary perform a remote online notarization?

No. A notary must be commissioned in their state and must also be authorized to perform remote online notarizations. Some states require the notary to apply or register and pay any required application fees. For example, an online notary public in Texas is a commissioned notary public who has the authority to perform a remote notarization using audio-visual technology. Always confirm the notary is properly authorized before starting a session.

 
 
 

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