The first in-person electronic notarization (IPEN) laws were enacted in the late 1990s. Following the turn of the century, a financial recession, and a housing crisis, RON burst on the scene in 2011.
It’s great to have options. With both IPEN and RON available to Notaries of most states, you may want to know which you should use, or which is a better fit for your Notary work. Learn why IPEN may be a favorable choice for Notaries below.
Why Notaries should embrace IPEN
1. Your state doesn’t yet allow RON
Currently, Notaries in Georgia, Mississippi and South Carolina do not have the option of performing RONs because their state hasn’t yet enacted a RON law. Notaries in California cannot use RON until the year 2030 at the earliest, and in the District of Columbia and North Carolina, RON will not be available until a later date.
Other states limit remote notarization. For example, Connecticut currently limits remote notarizations to paper documents. This makes it less convenient to use and perform remote notarization in these states.
If you are a Notary in a state that doesn’t allow or limits RON, IPEN may be a better option for you. For example, while Mississippi and South Carolina do not have RON laws, and the District of Columbia and North Carolina are in the process of getting ready for RON, these states do have IPEN laws. Check your state Notary statutes and any official guidance from your Notary regulating official to determine if IPEN can be performed in your state.
2. More convenient and less hassle
You may work in a place where documents must be notarized but the Notaries and signers are working together at the same location. If the parties can walk down the hall to meet and execute a notarization, IPEN is more suitable than RON. IPEN provides the same benefits and efficiencies of electronic documents without the need for more highly regulated audiovisual communication tools required by RON.
3. Higher confidence
We’ve heard some Notaries tell us they aren’t comfortable with RON—at least not yet. These Notaries say they like being able to hold and examine a physical driver’s license or other form of ID when identifying a signer. They also feel they can better assess a signer’s ability to comprehend the document and gauge whether the signer is voluntarily signing the document with the signer in front of them, or they may be concerned about the possibility of online fraud during a remote notarization.
These concerns are valid, and it’s great to have a choice. Using technology to perform notarizations doesn’t automatically mean the only solution is RON. Options like IPEN allow all the interpersonal interactions mentioned above to be done face to face while still allowing the Notary to use an electronic signature and electronic Notary seal to perform the notarization.
4. Easier to set up and perform
This next reason depends on your state laws. While there are states with extensive IPEN laws that rival its RON laws, on average most states regulate IPEN less than they do RON. For example, many states have adopted lengthy rules or regulations to implement their RON statutes that do not apply to IPEN.
In addition, there are other RON-specific rules. For example, new forms of satisfactory evidence of identity that are better suited to identifying strangers online had to be created specifically for RON, which are not needed for IPEN. Most states require the Notary to create and maintain an audiovisual recording of a remote online notarization, which also is not required for IPEN.
Notaries in these states may find it easier to set up and perform IPENs, which leads to our final reason some Notaries may prefer IPEN.
5. Faster to learn
There’s a steep learning curve, and generally, more electronic tools are required to perform remote notarizations, as noted above. In contrast, most Notary laws that apply to paper-based notarial acts apply to IPEN, and the Notary should already be familiar with them. The rules for identifying a document signer, assessing signer competence and willingness to sign, completing a notarial certificate, and recording a journal entry, if required, are the same for traditional notarizations and IPEN.
This is not to say there isn’t still a learning curve with IPEN. Notaries must grasp the concept of electronic transactions, signatures and seals. There may be specific rules for qualifying to perform IPENs and using electronic signatures, seals and journals. But on average, the learning curve will be less steep with IPEN.
Learn how to become an electronic Notary in this guide.