Remote Online Notarization

Notarization is an important fraud-deterrent process that helps assure that a transactional document is authentic and can be trusted by individuals.

Notarization is a process performed by a Notary Public, who is authorized by the state, to vet, certify and maintain accurate records, for certain transactions that the state allows to be notarized, such as financial, legal, and real property transactions. Such a process ensures that a document is authentic, that its signature is genuine, and that its signer acted without duress or intimidation and that the individual signing intended the terms of the document to be in full force and effect. The central value of notarization ultimately lies in the Notary’s impartial screening of the signer for identity, willingness and awareness pursuant to the process specifically set out by the state in which the Notary is authorized to perform notarization services. 

As in any state-specific authorized legal process, a Notary must follow state-specific requirements and processes as to what documents and how those documents may be notarized. In the past, notarization also was a very paper- and in-person-centric process.
 
However, more and more employees are working remotely, which potentially makes notarization more difficult. If remotely notarized documents can be a part of your organization’s workflow, DocuSign wants to help.

In light of the current crisis that strongly encourages, if not requires, individuals to shelter in place, many states are temporarily revising their remote online notarization (RON) restrictions to allow individuals to utilize remote online solutions to remotely conduct business. One example of this type of solution is DocuSign’s in-person electronic notarization (IPEN) solution, eNotary, which when combined with audio-video conferencing technologies, allow individuals to perform remote notarization in certain states. This article outlines how customers can utilize DocuSign eNotary as an interim solution to facilitate remote online notarizations in those supported states. All customers and notaries must continue to adhere to all state notarization requirements as modified by such emergency executive orders or other official guidance. 
 
States where DocuSign eNotary has been made available as a temporary remote online notarization tool include:
StateUpdated RON Legislation
ColoradoEmergency Executive Order
FloridaRON Legislation
GeorgiaEmergency Executive Order
IdahoRON Legislation
IllinoisEmergency Executive Order
MinnesotaRON Legislation
New YorkEmergency Executive Order
North CarolinaEmergency Executive Order
WashingtonEmergency Executive Order
West VirginiaEmergency Executive Order
NOTE: States may have requirements that could restrict the use of DocuSign eNotary in some circumstances. Please consult your legal counsel to determine if DocuSign eNotary is suitable for your transaction.

Remote Online Notarization coupled with DocuSign eNotary allows you to get a document notarized from virtually anywhere, meaning you can continue to conduct business without requiring face-to-face interactions.
 
Before starting a Remote Online Notarization process, it is imperative that your organization understands the specific notary regulations of your state jurisdiction. The notary will be responsible for verifying the identity of the signer, recording the session, and ensuring that they follow all state regulations for remote online notarization.
 
To meet the criteria of new Remote Online Notarization regulations, DocuSign eNotary must be used in conjunction with web conferencing software that meets the necessary legal requirements specified for your jurisdiction. DocuSign does not recommend any specific web conferencing software vendors, but we do recommend that you take into account the following recommended features when choosing a vendor:
  • Ability to record the web conferencing session.
  • Ability to screen share to witness signing of the documents.
  • Remote control passing capabilities so both parties can sign the document electronically.
 
It is still necessary for the Notary to ensure that he or she continues to follow all state-specific notarization requirements set out by the Notary’s state to ensure that the notarization is effective. DocuSign eNotary, in conjunction with web conferencing software, can help the Notary perform his or her notarization obligations more efficiently and securely.

Please watch the following video to view an example of the Remote Online Notarization process using DocuSign eNotary.


For more information about DocuSign eNotary, click here to view our complimentary Send with eNotary self-paced course.

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