AnalysisIn 2012, Virginia was the first state to enact and implement remote online notarization. It was the state that started the most significant legislative trend in the history of the U.S. Notary Public office. Twenty-nine states have followed Virginia’s lead. In the intervening years, voices in the Notary community criticized Virginia’s RON statute for being weak on identification and not requiring a notarial certificate for a RON to explicitly state that a RON was performed. At the time Virginia enacted its bill, technologists were starting to figure out how to verify the identity of remotely located individuals. Virginia law only allowed a Notary to use personal knowledge, a digital certificate accessed by biometric data that complied with the prevalent federal standard, or an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority. States that followed Virginia in enacting RON moved to a different set of methods to identify individuals remotely, including “credential analysis” of a government-issued identification document such as a passport or driver’s license. House Bill 2064 now brings its methods of identification in line with other states by allowing a credible witness to identify a remote signer or requiring two forms of “identity proofing.” In another change, the notarial certificate for a RON now must indicate the name of the city or county in Virginia where the electronic Notary was located when they performed the RON and a statement indicating either that the notarial act was performed in person or by a RON.
Read House Bill 2064.