When a Notary sets out to purchase the tools needed to perform traditional pen-and-paper notarial acts, the Notary’s shopping list is fairly straightforward: a Notary seal, a paper journal, ink pens, pads of notarial certificate forms, possibly a receipt book, and a bag to hold and secure them all.
The shopping list is much different for electronic Notaries. In this guide, you’ll learn the key tools to perform in-person electronic notarizations and IPEN systems.
Electronic Notary seal
The first tool is the electronic Notary seal, the electronic equivalent of a physical Notary Public seal. Under most states’ laws, the electronic seal is required to have the same or similar information as your physical Notary seal.
You can get an electronic seal image from the NNA or other seal vendors offering the service. Some IPEN systems provide an electronic seal for you when you use their platform or may allow you to import an electronic seal that you obtained from the NNA or other vendor in their system so that you can use it you perform an IPEN every time when you use the system.
Electronic Notary journal
Many states require Notaries who perform IPENs to keep a journal, and they may require or allow you to use an electronic journal.
There are dedicated electronic journal applications you can subscribe to by paying a monthly or yearly fee. These apps can be installed on your mobile phone or device. Or, your IPEN system may have an electronic journal built in as part of the service.
Another thing to check out is whether providers offer repository services to store your notarial records. Repositories came on the scene because there was a concern about obtaining ongoing access to a Notary’s records once the Notary was no longer commissioned or deceased. Depending on state law, the Notary or the Notary’s personal representative may elect to contract with a repository to preserve and provide access to these valuable records for the duration of the retention period, usually around 10 years.
Digital certificate
The next item on your IPEN shopping list is a digital certificate. Required in many states, a digital certificate is an electronic credential used to sign electronic documents.
The Notary applies for a digital certificate with a provider known as a certification authority. The certification authority vets your identity as part of the application process. Once approved, the certification authority “provisions” (installs) the digital certificate onto your computer. You then can use the digital certificate to sign electronic documents.
Creating an electronic signature
How does a digital certificate enable a Notary to create an electronic signature? A digital certificate is computer code that has a complementary key pair. The inner workings of the key pair are enabled through software that is transparent to the user.
The private key of the key pair is used by the holder of the digital certificate (the Notary in this case) to sign electronic documents. Once an electronic document is signed with the Notary’s private key, anyone can obtain and use the corresponding public key of the key pair to verify that the Notary’s private key was used to sign the document. Only the public key of the digital certificate can prove the Notary’s private key was used to create the electronic signature.
By its very name, the private key requires the Notary to keep this key private. As long as the Notary keeps the private key secure under the Notary’s exclusive control and use, the public can be confident that the Notary signed the electronic document by matching the Notary’s private key with the corresponding public key of the Notary’s digital certificate.
Securing the electronic document
There is more magic to the digital certificate. We all have seen tamper seals on medication and food items. We don’t ingest the medicine or eat the food item if the seal is broken. Similarly, when an electronic document is signed by the Notary with the Notary’s digital certificate, the electronic document is made tamper evident. Any changes made to the electronic document will be observable. People can then determine whether to trust—or not trust—the change.
IPEN system
An IPEN system is a platform that ties together the other tools we have covered and facilitates the entire process of in-person electronic notarization. An IPEN system or platform is used to:
- Present the electronic document to the document signer(s) and Notary.
- Enable the document signer(s) to sign the electronic document.
- Allow the Notary to sign the Notary’s electronic signature with the Notary’s digital certificate and affix the Notary’s electronic seal.
- Make the electronic document tamper evident with the Notary’s digital certificate.
- Create the Notary’s electronic journal entry for the IPEN.
IPEN Notary system cost
There are several electronic notarization system providers in the marketplace. For general Notary work, you typically will pay either a monthly or yearly subscription or a per-transaction fee to use the system.
If you’re asked to use an IPEN platform exclusively for real property or mortgage transactions, you may not be required to pay a fee at all. That fee may be borne by the closing agent, title company or lender.
How to choose an IPEN system
Selecting an IPEN system is an important decision. To help you make the right choice, ask IPEN system providers for answers to the following questions:
- Can the platform be used to perform IPENs offline? An IPEN platform that requires you to be always connected to the Internet for it to work could be problematic if as a mobile Notary you travel to an outlying area with poor connectivity. An IPEN solution should allow you to use it offline and then upload the signed documents once a stable Internet connection is established later.
- Does the IPEN provider regularly update its product? Look at the provider’s website for notes on released versions of the platform. Does the provider fix bugs and security issues and add new features on a regular basis? A system that hasn’t been regularly updated could indicate that the provider is not committed to maintaining it.
- Does the IPEN provider offer training and timely support? A reputable IPEN provider should provide training on how to use the system and a helpline or chat for support issues on a timely basis.
- Is the system a good fit? Some platforms may cater to the real estate mortgage market or corporate customers only, while others may be used for all types of notarizations. If the system uses a subscription model, do you have enough business to justify the monthly or yearly financial commitment? If not, you may want to investigate whether the system has a per-transaction pricing model.
- Are Notaries using the system? Ask other electronic Notaries which platform(s) they use and why just as you would seek recommendations when shopping for any other major purchase.
Times change and technology now enables Notaries to perform notarial acts. At its core, an IPEN is the same notarial act as a traditional paper-based notarization. It just uses different tools than a traditional paper notarial act.