Notary · General

A notary is asked to notarise a document but the signer is not present in person. Can the notary proceed using audio-video technology?

Correct answer

Only in states that have enacted Remote Online Notarisation (RON) laws, and only using a platform and technology that complies with that state's specific requirements — traditional notarisation requires physical presence

  1. A Yes — any video call is acceptable
  2. B Only in states that have enacted Remote Online Notarisation (RON) laws, and only using a platform and technology that complies with that state's specific requirements — traditional notarisation requires physical presence
  3. C No — video calls are never acceptable
  4. D Only if the signer is in another country

Why this is the answer

REMOTE ONLINE NOTARISATION (RON): NEW TECHNOLOGY: Most states have enacted RON laws (accelerated by COVID-19); traditional notarisation requires PHYSICAL PRESENCE; RON REQUIREMENTS (where legal): Specific state authorisation; use of an approved RON platform (with multi-factor identity verification, tamper-evident document technology, audio-visual communication, and session recording); the notary must be commissioned in a state that authorises RON; out-of-state notaries may have interstate recognition issues; TRADITIONAL NOTARISATION: Signer must be PHYSICALLY PRESENT before the notary in the same location; the notary must be able to directly identify the signer and observe the signing or acknowledgment; a signer appearing by phone or video alone (without RON authorisation) is not acceptable; PANDEMIC ADAPTATION: Emergency RON orders during COVID have become permanent law in many states — verify your state's current status.
Source: NNA Notary Training — Remote Online Notarisation

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