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eNotary

An eNotary is a Notary Public who notarizes documents electronically. One of the methods employed by eNotaries is the use of a digital signature and digital notary seal to notarize digital documents and validate with a digital certificate. Also known as remote online notarization (RON), electronic notarization is a process whereby a notary affixes an electronic signature and notary seal using a secure Public key to an electronic document (such as a PDF or Word document). Once affixed to the electronic document, the document is rendered tamper evident such that unauthorized attempts to alter the document will be evident to relying parties. The e-notary will use cryptography and Public key infrastructure to create, manage, distribute, use, store, and revoke the digital certificate. E-Notary will improve the overall security of the closing process with improved customer file tracking and knowledge-based identification authentication, helping to reduce the frequency of errors or fraud. The Electronic Notary also must keep an electronic register of each act performed.

In most cases, electronic notarizations does not mean that the notary can perform the electronic notarizations remotely as most states still require that the participants and the notary must all be physically present at the time of signing. There are also significant benefits to having the notarizations done electronically such as cost savings, superior security, authenticity, audit trails, and document integrity, which are things that are not available to paper based notarizations.

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Jurisdiction

United States

Currently, laws regarding eNotarizations vary by jurisdiction4 and are permitted in, at least, Arizona,5 California,6 Colorado, Delaware,7 Florida,8 Georgia,9 Indiana, Kansas, Kentucky, 10 Michigan,11 Minnesota12 New Mexico, North Carolina,13 Oregon,14 Pennsylvania,15 Texas,16 Utah, Wisconsin, and Virginia.17

Austria

In Austria, remote online notarization is regulated under § 69b of the Notariatsordnung (Notarial Code). The law permits the execution of notarial acts electronically, provided that adequate technical means are available.18 The law mandates that:

  • The identity of parties who are not physically present must be verified using a secure electronic process, either via a government-issued photo ID in a video-assisted electronic procedure or through a legally prescribed method that provides equivalent identification.
  • The notarial act must comply with the regulations for electronically created notarial deeds, with modifications as specified in the law.

Germany

Germany regulates electronic notarization through § 33 of the Bundesnotarordnung (BNotO).19

The law20 states that:

  • Notaries must use a qualified electronic signature issued by a qualified trust service provider.
  • The signature must be certified in a way that verifies the notary's office location and jurisdiction.
  • The electronic signing process must use a secure cryptographic device that prevents unauthorized access.
  • The notary is prohibited from sharing their cryptographic keys or authentication credentials with any third party.

Remote eNotary

On July 1, 2012, Virginia became the first state to authorize a signer to be in a remote location and have a document notarized electronically by an e-notary using audio-visual conference technology (webcam), by passing the bills SB 827 and HB 2318.21

In Virginia the case of an electronic notarization, "satisfactory evidence of identity" may be based on video and audio conference technology, in accordance with the standards for electronic video and audio communications set out in subdivisions B 1, B 2, and B 3,22 that permits the notary to communicate with and identify the principal at the time of the notarial act, provided that such identification is confirmed by (a) personal knowledge, (b) an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority, or (c) a valid digital certificate accessed by biometric data or by use of an interoperable personal identity verification card that is designed, issued, and managed in accordance with the specifications published by the National Institute of Standards and Technology and in Federal Information Processing Standards.

Legality

The National Association of Secretaries of State (NASS) affirms the role of the Secretary of State or other state notary commissioning entity as the sole authority to establish standards enabling electronic notarizations that will protect signature credibility, avoid identity fraud and provide accountability to the public in order to promote secure electronic commerce.23

References

  1. Piombino, Alfred E. (2011). Notary Public Handbook: Principles, Practices & Cases, National Edition (First ed.). East Coast Publishing. ISBN 978-0-9445606-9-3. 978-0-9445606-9-3 ↩

  2. "Virginia e-notary FAQ". Retrieved 2012-08-07. https://www.commonwealth.virginia.gov/official-documents/notary-commissions/enotary-faq/ ↩

  3. "Remote Online Notarization Journal: What you need to know". 24 June 2024. Retrieved 2024-06-24. https://bluenotary.us/remote-online-notarization-journal-what-you-need-to-know/ ↩

  4. "Notaries Public", Montgomery County, Alabama Probate Judge: [1], retrieved on 20 January 2009. Archived July 13, 2010, at the Wayback Machine http://www.mc-ala.org/Home/Elected%20Officials/Probate%20Judge/probate_notaries.html ↩

  5. "Electronic Notary Statute". Azsos.gov. Archived from the original on 2013-09-20. Retrieved 2013-11-27. https://web.archive.org/web/20130920225026/http://azsos.gov/pa/E-notaryIndex.htm ↩

  6. Notary Public & Special Filings Section. (2011). Notary Public Handbook. Sacramento, CA: Secretary of State. p. 43. ↩

  7. "eNotary". Notaryforms.delaware.gov. 2009-02-05. Retrieved 2013-11-27. https://notaryforms.delaware.gov/ ↩

  8. "Electronic Transaction - - Notary Education - Florida Department of State". 2000-07-01. Retrieved 2013-11-27. http://notaries.dos.state.fl.us/education/elecnot.html ↩

  9. "GA House Bill 126 - 2009". 2009-05-09. Retrieved 2018-09-05. http://www.legis.ga.gov/Legislation/en-US/display/20092010/HB/126 ↩

  10. "Kentucky Revised Statutes 423.380". Retrieved July 1, 2024. https://apps.legislature.ky.gov/law/KRS/423/380 ↩

  11. [Michigan] "Uniform Electronic Transactions Act" Archived 2009-09-20 at the Wayback Machine (2000). Michigan Department of Licensing and Regulatory Affairs. http://efile.mpsc.state.mi.us/efile/pdfs/pa305of2000.pdf ↩

  12. Minnesota Secretary of State - Notary Online https://notary.sos.state.mn.us/ ↩

  13. "North Carolina Secretary of State's Office". Secretary of State of North Carolina. 2011-04-01. Retrieved 2013-11-27. http://www.secretary.state.nc.us/enotary/thepage.aspx ↩

  14. http://sos.oregon.gov/business/Documents/notary-guide/notary-guide.pdf [bare URL PDF] http://sos.oregon.gov/business/Documents/notary-guide/notary-guide.pdf ↩

  15. "Pennsylvania Department of State". pa.gov. Retrieved 2016-07-06. http://www.portal.state.pa.us/portal/server.pt/community/electronic_notarization/12640 ↩

  16. "Frequently Asked Questions for Notaries Public". www.sos.state.tx.us. https://www.sos.state.tx.us/statdoc/faqs2300.shtml ↩

  17. "VA Secretary of the Commonwealth: Notary". Commonwealth.virginia.gov. Retrieved 2013-11-27. http://www.commonwealth.virginia.gov/Notary/eNotary.cfm ↩

  18. "Notariatsordnung § 69b". Rechtsinformationssystem des Bundes. Government of Austria. Retrieved 9 March 2025. https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10001677&FassungVom=2025-03-09 ↩

  19. "Berufsrecht Notarinnen und Notare". Federal Ministry of Justice of Germany. Retrieved 9 March 2025. https://www.bmj.de/DE/themen/wege_zum_recht/rechtsanwaelte_notare/berufsrecht/berufsrecht_notare.html ↩

  20. "Bundesnotarordnung (BNotO) § 33 Elektronische Signatur". Federal Ministry of Justice of Germany. Retrieved 9 March 2025. https://www.gesetze-im-internet.de/bnoto/__33.html ↩

  21. "Virginia Law". Retrieved 2012-08-07. http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0834 ↩

  22. "Virginia Law". Retrieved 2012-08-07. http://lis.virginia.gov/cgi-bin/legp604.exe?000+cod+19.2-3.1 ↩

  23. "NASS Resolution Affirming the Role of the Secretary of State or Other State Notary Commissioning Entity as Sole Authority to Establish Standards Enabling Electronic Notarization". Retrieved 2010-07-20. http://www.nass.org/index.php?option=com_docman&task=doc_download&gid=907&Itemid= ↩