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Online Notarization: Legitimate, Legal, and Here to Stay



"Is Online Notarization Really Legal?"

It's a question we hear often at PPM Notary Services: "How can notarization be done online? Don't I need to be physically present with a notary?"

This concern is completely understandable. For centuries, traditional notarization has required physical presence - it was the gold standard for verification and security. Many people, especially those familiar with traditional notary practices, are surprised to learn about remote online notarization (RON).


The Evolution of Notary Law in America


The notary profession has a rich history dating back to ancient Rome, where "notarius" served as official scribes. In America, notaries have been part of the legal landscape since the colonial era. However, laws and practices have always evolved to meet societal needs while maintaining the core purpose of notarization.

The most recent evolution began when Virginia first authorized Remote Online Notarization (RON) in 2011. This pioneering legislation opened the door for modernizing notarial acts while preserving their integrity. According to the National Notary Association, as of 2024, more than 40 states have enacted permanent RON legislation, with additional states operating under temporary or emergency authorizations.


Legal Framework Supporting Online Notarization


Multiple legal frameworks support the validity of online notarization:

  1. State-Level Legislation: Most states have passed specific laws authorizing and regulating online notarization. These laws typically define technology requirements, identity verification standards, and record-keeping obligations.

  2. The Revised Uniform Law on Notarial Acts (RULONA): This model legislation, adopted by many states, provides a framework for both traditional and electronic notarization. The 2018 amendment specifically addresses RON.

  3. Interstate Recognition: The Full Faith and Credit Clause of the U.S. Constitution generally ensures that properly executed notarial acts in one state are recognized in other states.

  4. SECURE Notarization Act: While not yet federal law, this proposed legislation aims to authorize and establish minimum standards for electronic and remote notarizations across the United States.


How Does Online Notarization Work? The Technical Details


Remote online notarization employs sophisticated technology to maintain and often enhance the security of the notarial process:

Identity Verification (More Rigorous Than Traditional Methods)

  1. Multi-Factor Authentication: Most platforms require multiple forms of identity verification.

  2. ID Verification Technology: Advanced systems analyze government-issued photo IDs, detecting security features invisible to the naked eye and comparing the photo with the person on camera.

  3. Knowledge-Based Authentication (KBA): Signers must correctly answer questions drawn from public and commercial databases that would be difficult for an impostor to know. These questions are typically drawn from credit history and public records.

  4. Credential Analysis: Digital analysis of ID documents looks for signs of tampering or forgery.

  5. Biometric Verification: Some platforms incorporate facial recognition technology.


The Notarial Session

  1. Audio-Visual Technology: High-quality, secure video conferencing allows the notary and signer to see, hear, and interact with each other in real-time.

  2. Electronic Signature Capability: Legally binding electronic signatures are applied while the notary witnesses via video.

  3. Digital Notary Seal: A secure, electronic version of the traditional notary seal is applied with tamper-evident technology.

  4. Session Recording: Unlike traditional notarization, the entire session is recorded and stored, creating an additional security layer and verification method.


Cybersecurity Measures


Online notarization platforms implement enterprise-grade security including:

  • End-to-end encryption

  • Tamper-evident technologies

  • Blockchain or similar technologies for document integrity

  • Secure cloud storage for session recordings and notarized documents

  • Regular security audits


Case Studies in Acceptance


The legitimacy of online notarization is demonstrated by its wide acceptance across industries:


Real Estate

Major title companies, mortgage lenders, and real estate agencies now routinely accept online notarization for closing documents. According to the American Land Title Association (ALTA), RON closings increased by over 547% between 2019 and 2021.


Legal Practice

Many law firms have incorporated online notarization into their practice, particularly for estate planning documents like powers of attorney and wills. The American Bar Association has published guidance for attorneys on the use of RON.


Banking and Finance

Financial institutions increasingly accept online notarized documents for account openings, loan applications, and other financial transactions.


Why Does It Sometimes Feel "SUS"?


The skepticism is natural! Notarization practices remained largely unchanged for generations. When something that traditionally required physical presence suddenly can be done online, it's reasonable to question it.

Consider the historical parallels:

  • In the early 20th century, many questioned whether a signature on a typed document was as valid as one on a handwritten document.

  • In the 1990s, many doubted the security and legitimacy of online banking.

  • In the early 2000s, electronic signatures faced similar skepticism before becoming standard business practice.

Technology adoption follows a predictable pattern: initial skepticism gives way to cautious adoption, followed by widespread acceptance as benefits become apparent and security concerns are addressed.


Legal Acceptance and Recognition


Online notarizations are legally binding and accepted for most documents, including:

  • Real estate transactions

  • Power of attorney documents

  • Trust documents

  • Affidavits

  • Advanced healthcare directives

  • Business formation documents

  • Loan applications

They are typically acceptable across state lines under interstate recognition principles, though certain specialized documents may have specific requirements.


Documents With Special Requirements


While most documents can be notarized online, there are some exceptions:

  • Certain documents filed with federal agencies may have specific requirements

  • Documents for use in foreign countries often require additional authentication (apostille)

  • Last wills and testaments in some jurisdictions have specific witnessing requirements

  • Some court filings may have local rules about notarization

When in doubt, we always recommend checking with the receiving party before proceeding with any form of notarization.


The COVID-19 Impact and Beyond


The COVID-19 pandemic dramatically accelerated the adoption of online notarization. When face-to-face interactions became risky or impossible, many states implemented emergency authorizations for RON. The National Notary Association reported that RON usage increased by more than 700% during 2020.

This period demonstrated that online notarization could meet critical needs while maintaining document integrity and security. As a result, many temporary authorizations have since been converted to permanent legislation.


The PPM Notary Services Difference


At PPM Notary Services, we understand your concerns about this relatively new process. Our online notaries are:

  • Fully commissioned and state-authorized

  • Extensively trained in online notarization procedures and technology

  • Required to complete continuing education on the latest regulations and best practices

  • Committed to maintaining the highest standards of integrity and security

  • Equipped with state-of-the-art technology that meets or exceeds all regulatory requirements


We strictly adhere to all state regulations and use only approved technology providers for our RON services.


Environmental and Accessibility Benefits


Beyond convenience, online notarization offers additional benefits:

  • Environmental Impact: Reduced paper usage and elimination of travel reduces carbon footprint

  • Accessibility: Elderly and disabled individuals can access notary services without transportation challenges

  • Rural Access: Provides notary access in underserved areas where notaries may be scarce

  • Time Efficiency: Eliminates travel time and scheduling conflicts


Looking to the Future


The trajectory is clear: online notarization will continue to gain acceptance and become increasingly commonplace. As technology advances and more users experience the benefits firsthand, the question will shift from "Is online notarization legitimate?" to "Why would you notarize any other way?"


Final Thoughts


Notarization is evolving to meet the needs of our increasingly digital world. What hasn't changed is the fundamental purpose: ensuring document authenticity, confirming signer identity, and providing an impartial witness to important transactions.

If you have questions about online notarization or would like to experience how simple, secure, and convenient it can be, we're here to help. Contact PPM Notary Services today.

This information is provided for general educational purposes. For specific legal questions about your documents, please consult with an attorney. Online notarization availability and requirements vary by state; PPM Notary Services provides assistance nationwide in accordance with applicable state laws.


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