States Take Emergency Action On Remote Notarization And Signers’ ID

UPDATE 7-20-21: Alabama Senate Bill 275 went into effect on July 1, 2021, making remote notarization permanent in the state. The temporary authorization during the State of Emergency no longer applies.

On April 2, Alabama Governor Kay Ivey has issued an amended proclamation permitting all Alabama Notaries to notarize using videoconferencing in lieu of personal appearance, using the following guidelines:

• The Notary must maintain a record of the audiovisual communication for a period of five years following the date the recording is noted in the Notary’s journal.
• Any persons who witnesses a document through videoconference technology may be considered an “in-person” witness, provided that the presence and identity of such witnesses are validated by the Notary at the time of the signing by the same identifications required under current law.
• The official date and time of the notarization shall be the date and time when the Notary witnesses the signature via the videoconference technology. All documents must be returned to the Notary for certification and execution.
• Any notarizations performed under section III of the previous March 26, 2020 governor’s proclamation remain valid.

The order assumes the document will be executed on paper and sent to the Notary for a remote inked-sign notarization (RIN), who will then complete the required certificate wording with the date the Notary, signatory and any witnesses appeared before each other using videoconferencing technology. The order is in full force and effect until the public health emergency brought on by COVID-19 is rescinded or extended by another proclamation by the Governor.

Back To Top

Updated 11-17-21: Alaska's temporary RON provisions expired March 11, 2021. Please see here for information on Alaska permanent RON laws.

Alaska has added a provision to the recently enacted Senate Bill 241 which temporarily allows a testator who signs a last will, witnesses to the will and a Notary to appear before each other using videoconference technology. Usually, a Notary will notarize the affidavits of a last will, making the last will self-proving. Senate Bill 241 requires the witnesses to sign a prescribed statement under penalty of perjury that is then added to the will. Then up to 60 days thereafter another prescribed statement must be signed by the witnesses under penalty of perjury and added to the original will or an exact facsimile of the original will. The new law is effective until March 11, 2021.

Back To Top

As part of an executive order issued by Governor Doug Ducey, Arizona Notaries are authorized to perform remote online notarizations as of April 10 instead of on July 1 when the new RON statutes and RON rules were to take effect. Noteworthy among the rules to perform RONs:

• Arizona Notaries must register to perform remote online notarizations and must comply with all requirements for electronic notarizations in the state and must re-register each time they renew their commission.
• Notaries must submit information about the technology vendor they plan to use for performing RONs when registering with the Secretary of State’s office. If the Notary intends to use a different technology vendor than the one originally submitted with the Notary’s registration, an amendment to the Notary’s application must be submitted to the Secretary of State’s office.
• The Notary must identify a signer for a RON through one of the following options: (a) personal knowledge; (b) multi-factor authentication that must include remote presentation of an ID to the Notary, credential analysis by a reputable third party and knowledge-based authentication or (c) the oath or affirmation of a credible witness who personally knows the signer and can be identified by the Notary through personal knowledge or the multi-factor authentication process described above.
• The communication technology used for RON must provide synchronous audiovisual feeds and sufficient video resolution and audio clarity for the Notary and signer to see and speak with each other. It also must provide reasonable security to prevent unauthorized access to the live transmission of the audiovisual feed, the methods used to verify the signer’s identity or the electronic record being notarized.
• The notarial certificate used for the RON must state “This remote online notarization involved the use of communication technology.”
• The Notary must keep one or more electronic journals and an audiovisual recording of each RON in a computer or other electronic storage device and protect the electronic journal and recording from unauthorized access with a password or cryptographic process. The journal must be retained for at least 5 years after the last remote online notarization recorded in the journal.
• The audiovisual recording of the RON may not include images of the electronic document that was the subject of the notarization and must be retained by the Notary for at least 5 years after being made.
• The Notary must take reasonable steps to ensure that a backup of the electronic journal and audiovisual recordings exists and is secured from unauthorized use

The Arizona Governor issued Executive Order 2020-08 ordering the state Department of Transportation to defer for 6 months the renewal requirement for people with driver’s licenses and driving permits set to expire between March 1 and September 1 of this year. Law enforcement, state agencies and county and local governments must accept these IDs for the 6-month period.

The Arizona Secretary of State’s office confirmed to the NNA that Arizona Notaries may accept as identification for a notarial act a driver’s license covered under the Governor’s Executive Order.

Back To Top

Update 11-17-21: The executive order extending Arkansas emergency remote notarization provisions have expired as of 2-27-21. As of April 29, 2021, Arkansas Notaries with an active Notary Public commission may register to perform remote online notarizations (RONs). Please see here for more information.

Arkansas has issued an executive order effective March 30 allowing certain limited Notaries to perform notarizations using real-time audiovisual means. The order permits audio and visual conference technology to replace the physical presence requirement in Arkansas when signing and notarizing paper documents. The signer and Notary must both be in the state at the time of notarization. However, only Arkansas Notaries who meet the following qualifications are allowed use audio and visual technology in place of personal appearance:

• Notaries who are attorneys licensed to practice law in Arkansas
• Notaries who are licensed Arkansas title agents
• Notaries who are supervised by a licensed Arkansas attorney or licensed Arkansas title agent
• Notaries employed by a financial institution registered with the Arkansas State Bank Department

Back To Top

Expired Driver's Licenses for CA Residents 70 or Older Valid for One Year

UPDATE 7-15-20: On July 13, 2020, a California Department of Motor Vehicles press release announced the DMV is providing a further extension to the driver’s licenses of Californians age 70 and older that expired during the COVID-19 pandemic. The new extensions, which apply only to non-commercial licenses with an expiration date between March 1 and December 31, 2020, give an automatic one-year extension from the original expiration date. Drivers will not automatically receive a new card or paper extension in the mail but may request a free temporary paper extension online if they wish. A new card or paper extension is not required to drive. The licenses of drivers under the age of 70 were not affected by this latest extension. Notaries should determine the age of a document signer who qualifies for the extension by carefully looking at the dates on the signer’s license and make a note in their journals documenting the acceptance of the extended license.

Expired Notary Commissions Valid for Additional 120 Days From Expiration

UPDATE 7-1-20: On May 8, Governor Newsom signed Executive Order N-63-20 which impacts California Notaries during the COVID-19 emergency in the following ways:

1. The commission term for any California Notary whose commission has expired since March 1, 2020 or whose commission is scheduled to expire in the next 60 days (or until July 6, 2020), is extended for an additional 60 days. Update 7-1-20: On June 30, Governor Newsom signed an executive order extending Notary commissions described above for an additional 120 days.

2. A Notary whose commission is extended under the Governor’s order as described above must add the following information when completing a notarization during the extension period: “The notary commission extended pursuant to Executive Order N-63-20.”

3. A Notary whose commission is extended under the Governor’s Order must maintain a valid surety bond during the extension. Notary bonds purchased through the NNA will be automatically extended to coincide with the extended dates of their commissions at no cost for those Notaries affected by the Governor’s Order.

4. Civil Code 1185(b)(3)(A) requiring that an identification card or driver’s license issued by the California Department of Motor Vehicles be current or issued within the last 5 years in order to serve as satisfactory evidence of identity for a notarial act, is suspended for 60 days with respect to any California identification card or driver’s license showing an expiration date of March 1, 2020, or later.

California Driver's License Expiration Dates Extended

UPDATE 5-7-20: The California Department of Motor Vehicles announced in press releases on April 1 and April 14 that driver’s license expirations dates would be extended in California for the following individuals:

• Seniors 70 years of age and older whose noncommercial driver’s licenses expire between March 1, 2020, and May 31, 2020, are given a 120-day extension to their driver’s license expiration date. The DMV will mail affected seniors a paper extension.
• Californians under 70 who driver’s licenses expire between March 2020 and May 2020 will have their license expiration date extended to May 31, 2020. These drivers also have the option to request a free temporary paper extension online through the DMV’s Virtual Field Office to document extension.

After receiving messages from California Notaries who were unsure if they can accept an ID with an extended expiration date as proof of signer identity under these conditions, the NNA reached out to the California Secretary of State's office for confirmation. The Secretary of State's Notary Public Section responded to the NNA saying that the Department of Motor Vehicles extension of California driver's licenses during this pandemic qualifies these licenses to be considered "current" pursuant to Civil Code section 1185(b)(3)(A), and can be used by California Notaries to establish the identity of an individual executing a document. — The Editors

If a Notary is presented with a California driver’s license bearing an expiration date from March 1, 2020, through May 31, 2020, the Notary should check for the correct date on the ID, understanding that the extension applies to the expiration date only. 

Second, Notaries must know if the individual requesting the notarial act and presenting a driver’s license as satisfactory evidence of identity is under 70 years of age. These individuals may or may not have a paper extension documenting that their license is extended through May 31, 2020. If the individual has an extension, the Notary should ask to see both the driver’s license itself and the paper extension. If the individual does not have a paper extension, the Notary may accept the license through May 31, 2020.

Third, for persons requesting notarial services who are 70 years of age and older, the Notary should request to see both the driver’s license itself and the extension mailed to the bearer by the DMV. The extension will show the actual license extension date.

Fourth, the NNA recommends that Notaries note in their journals that the ID presented was extended by the Department of Motor Vehicle’s April 1, 2020, press release (for persons 70 and older) or April 14, 2020, press release (for persons under 70).

While Notaries of all U.S. states could technically accept an expired California driver’s license under the DMV’s press releases, the NNA recommends that these Notaries do so only if their state laws permit it and they follow the guidance provided above.

Back To Top

Updated 11-17-21. Colorado's temporary RON authorization expired December 31, 2020 and has been replaced by permanent RON laws. Please see here for current Colorado RON information.
***
The state has issued a temporary regulation allowing election petitions to be witnessed and notarized under the Governor’s temporary authorization for remote notarization.  Also, according to the Colorado DMV website, Coloradans ages 21 to 64 whose license or ID will expire during the COVID-19 related closure but are unable to renew online will receive an automatic extension for 60 days past their current expiration date.

Colorado Authorizes RON Through April 30, 2020

Under a Colorado executive order effective March 27, the physical presence requirement for notarizations in Colorado has been suspended. The executive order has been extended through  April 30, 2020. However, election-related documents such as circulator petitions and voting petitions may not be notarized using RON The Secretary of State has been authorized to issue temporary emergency rules for remote notarizations.

The Secretary of State has issued emergency notarization rules for Colorado Notaries to implement the governor’s executive order, including the following:

• Notarizations are still performed on paper and the document being signed is transmitted to the Notary by fax, email or other electronic means.
• The Notary prints the document out and affixes the Notary’s seal to it before faxing, emailing or transmitting it by other electronic means back to the signer.
• The Notary must be currently commissioned and located in Colorado, and a remote notarization may only be performed for an individual located within the state of Colorado.
• The system used for the remote notarization must (a) enable the Notary to verify the identity of the signer and any required witnesses through personal knowledge or satisfactory evidence; (b) enable the Notary to verify that the Notary and all signers and witnesses are viewing the same record and all signatures, changes and attachments are made in real-time; and (c) record the interaction so that verifications may be clearly viewed at a later date. All security requirements for a Notary journal also apply to the recording, and the Notary must also enter all remote notarizations in the Notary’s journal.
• A signer may be identified by remote presentation of a government-issued ID as required by C.R.S. 24-21-507 or by the oath or affirmation of a credible witness who personally knows the Notary or who presents a government-issued ID as required by C.R.S. 24-21-507
• The Notary must indicate on the certificate that the notarization was performed using audiovisual technology.
• If the record being notarized is a will as defined under C.R.S. 15-10-201(59), the original signed record must be presented to the Notary within 15 calendar days of the date of the remote notarization. Within 3 days of receiving the signed record, the Notary must confirm the will is identical to the one remotely notarized and affix the Notary’s signature seal on the original signed record, reflecting the date of the remote notarization.

Back To Top

Updated 6-30-21. The Connecticut Governor has issued an executive order permitting any notarization to be completed “using an electronic device or process that allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound.” The remote notarization authorization expired on June 30, 2021.

There are a number of conditions that must be met to perform a remote notarization. They include:

• The signer must be personally known to the Notary or must present satisfactory evidence of identity at the time of the notarization.
• The Notary must record the complete notarial act and keep the recording for at least 10 years.
• The signer must affirm that they are physically located within Connecticut.
• The signer must transmit by fax or electronic means a legible copy of the signed document directly to the Notary on the date it was executed.
• The Notary Public may notarize the transmitted copy of the document and transmit the same back to the signer by fax or electronic means.

For a complete list of conditions and requirements, please review the executive order.

Back To Top

Updated 7-6-23. Effective September 9, 2022, a notarization may be performed using audio-visual technology by a licensed Delaware attorney who is in good standing with the Supreme Court of Delaware.

House Bill 262 extends RIN provisions through August 1, 2023.

Delaware has enacted permanent remote notarization laws that will come into effect August 1, 2023.

NNA New Law Update
Executive Order

Back To Top

A new District of Columbia law effective May 13, 2020, temporarily authorized the Mayor to allow remote notarizations. Since the Mayor did not issue a separate authorization, Washington D.C. Notaries are still prohibited from performing RONs.

Back To Top

Florida last year enacted a law authorizing remote online notarization, which went into effect on January 1 this year. Under the law, Notaries must complete a training course and register to perform online notarizations.

However, in response to the state of emergency declared by the Florida governor, the state Supreme Court issued an administrative order allowing any Florida Notary to administer oaths for court proceedings remotely using audio-video technology. Specifically:

• Notaries in the State of Florida may swear a witness remotely by audio-video communication technology from a location within the State of Florida, provided they can positively identify the witness.
• If a witness is not located within the State of Florida, a witness may consent to being put on oath via audio-video communication technology.
• All rules of procedure, court orders, and opinions applicable to remote testimony, depositions, and other legal testimony — including the attestation of family law forms — that can be read to limit or prohibit the use of audio-video communications equipment to administer oaths remotely or to witness the attestation of family law forms, are hereby suspended, and will remain suspended until March 27, unless extended.

Back To Top

Georgia Permits RON for Real Estate Transactions

Updated 4-25-22: Effective March 31, an executive order issued by Governor Kemp temporarily permits Georgia Notaries to use real-time audiovisual communication technology or video conferencing in place of personal appearance when notarizing recordable instruments and documents related to real estate transactions. The temporary authorization of remote ink-signed notarization expired on April 15, 2022.

Since Georgia is an “attorney-only” state (only attorneys may conduct real estate closings), the Governor’s Order should not be construed to permit all Georgia Notaries to perform loan signings for real estate transactions.

Georgia Extends Expiration Dates for Driver's Licenses, IDs for 60 Days

The Governor of Georgia announced an emergency measure extending the expiration dates of driver’s licenses and identification cards issued by the state Department of Driver Services (DDS) for 60 days. The measure covers such IDs that expire between March 23 and June 30.

According to the state’s announcement, “Notices will be mailed, and new cards will be printed and mailed directly to customers.” Last week, an extension was provided for approximately 36,000 customers age 60 and older with a valid license or ID with an expiration date from March through June 30, 2020.

Eligible types include ID cards, commercial (CDL) and non-commercial driver’s licenses, limited permits, driving permits, Medical Certifications and CDL endorsements.

Back To Top

Updated 11-17-21: Hawaii’s remote provisions expired on August 6, 2021 and has been replaced by permanent remote notarization laws. Please see here for current Hawaii RON information.
***
Hawaii Governor David Ige issued an executive order and emergency rules ordering Notaries to take reasonable precautions to comply with social distancing orders when notarizing, and allowing Hawaii Notaries to perform remote ink-signed notarizations (RIN). Hawaii Notaries are not required to perform notarizations if they believe social distancing guidelines to ensure health and safety cannot be followed. Notaries are not required to perform RINs but if they choose to do so, they must follow all rules approved by the Governor, including the following:

• The Notary must identify the signer during the RON through personal knowledge or through remote presentation of a current, government-issued ID that includes the signer’s photograph and signature. The signer may not present ID before or after the notarization takes place.
• The Notary must confirm through observation that the signer appears to be aware of the significance of, and is willing to perform, the transaction.
• The Notary and signer must communicate through direct interaction and the video conference may not be pre-recorded.
• The Notary must use reasonable means to confirm the signer is physically located in Hawaii.
• The Notary must create an audiovisual recording of the notarization, which shall be kept as part of the Notary's record and stored as an unsecured audio-visual recording or on a secured external digital storage such as a flash drive, DVD, or external hard drive. The external storage medium must be deposited with the attorney general’s office within 90 days after the Notary resigns the commission.
• The signer must fax or electronically send the Notary the signed document that required RIN on the same day it was signed. The Notary may notarize the transmitted copy and then send it back to the signer.
• The Notary must add a statement to the notarized document as follows: “This notarial act involved the use of communication technology enabled by emergency order.”
• The Notary must enter in the journal that the notarization was performed pursuant to Executive Order 20-02.
• Notaries are authorized to repeat notarization of the original signed document as of the date of execution, provided the Notary receives such original signed document together with the electronically notarized copy within 60 days after the date of execution. 

Back To Top

Updated 6-23-23: Illinois announced the end of temporary remote authorization.

Updated 3-17-22: Illinois permanent remote notarization laws will take effect when the Secretary of State adopts rules to implement them.

The Illinois Governor issued an executive order permitting remote online notarization.

If you provide RON services:

• You must be commissioned in Illinois and physically within Illinois borders while performing the notarial act.
• Use 2-way audio-video communication technology that allows for direct contemporaneous interaction by sight and sound between the individual signing the document, the witness, and the Notary.
• Requires the 2-way audio-video communication to be recorded and preserved by the signatory or the signatory's designee for a period of at least 3 years.
• Requires the signatory to attest to being physically located in Illinois during the 2-way audio-video communication.
• Requires the witness to attest to being physically located in Illinois during the 2-way audio-video communication.
• Requires the signatory to affirmatively state on the 2-way audio-video communication the document the signatory is signing.
• Requires each page of the document being witnessed to be shown to the witness on the 2-way audio-video communication technology in a means clearly legible to the witness.
• Requires the act of signing to be captured sufficiently up close on the 2-way audio-video communication for the witness to observe.
• Requires the signatory to transmit by overnight mail, fax, electronic, or other means a legible copy of the entire signed document directly to the witness no later than the day after the document is signed.
• Requires the witness to sign the transmitted copy of the document as a witness and transmit the signed copy of the document back via overnight mail, fax, electronic, or other means to the signatory within 24 hours of receipt.
• Authorizes the witness, if necessary, to sign the original signed document as of the date of the original execution by the signatory if the witness receives the original signed document together with the electronically witnessed copy within 30 days from the date of the remote witnessing.
• Clarifies that the prohibition on electronic signatures on certain documents in subsection (c) of Section 120 of the Electronic Commerce Security Act remains in full effect.
• Clarifies that notwithstanding any Illinois law or rule to the contrary, absent an express prohibition in a document against signing in counterparts, all legal documents, including, but not limited to, deeds, last wills and testaments, trusts, durable powers of attorney for property, and powers of attorney for health care, may be signed in counterparts by the witnesses and the signatory.
• Requires a Notary to be presented with a fax or electronic copy of the document signature pages showing the witness signatures on the same date the document is signed by the signatory if the Notary is being asked to certify to the appearance of the witnesses to a document.
• Clarifies that any technology issues that may occur do not impact the validity or effect of any instrument or document signed under this temporary authorization.
• Defines "technology issues" to include, but not be limited to, problems with the Internet connection, user error related to the use of technology, the file containing a recorded act becoming corrupted, or other temporary malfunctions involving the technology used in an act of witnessing or a notarial act.

Back To Top

Updated 7-19-21: The Indiana Supreme Court temporarily authorized Indiana Notaries Public and other oath administering officials in Indiana to swear a witness remotely during the COVID-19 pandemic. The Court Order expired on July 1, 2021 and was not renewed.

Back To Top

Updated 11-17-21: Iowa's temporary rules have expired and the state has enacted permanent RON laws that took effect July 1, 2020. Please see here for current Iowa RON information.
***
The Iowa Governor signed a proclamation that includes a provision temporarily suspending the requirement for signers to physically appear before the Notary as long as the signer is present in a way that permits them to see, hear and interact with the Notary by electronic means and that complies with section 6 of 2019 Iowa Acts chapter 44 (Senate File 475). This new law, which takes effect on July 1, allows Iowa Notaries to permanently perform remote online notarizations. Updated 6-26-20: The proclamation's expiration date has been extended to July 1, 2020. 

Back To Top

Updated 11-17-21: The Governor's Executive Order 21-10 authorizing remote provisions expired on July 15, 2021. Permanent remote notarization laws will go into effect January 1, 2022.

An executive order has been issued by Governor Kelly permitting Kansas Notaries and document witnesses to use remote audiovisual communication in place of physical appearance when notarizing, provided the following requirements are met:

• The Notary and signer must be physically located within the borders of Kansas when performing the notarization.
• The Notary must be able to identify the signer through personal knowledge or satisfactory evidence of identity.
• The remote notarization must follow any guidelines posted on the Kansas Secretary of State’s website.

Back To Top

Updated 11-17-21: Kentucky's temporary rules expired June 12, 2021 and have been replaced by permanent RON laws. Please see here for current Kentucky RON information.
***
A new Kentucky law effective March 30 allows Notaries and signers to use video conferencing tools to perform a notarization outside each other’s physical presence. The Notary and signer may sign separate but identical copies of the same document during the notarization. When taken together, these separately signed documents will comprise one single document. This provision is effective until the Governor declares that Executive Order 2020-15 has ceased. In the event no such declaration is made by the Governor on or before the first day of the next regular session of the General Assembly, the General Assembly may make the determination.

Back To Top

Update 11-17-21: Louisiana permanent RON laws are scheduled to take effect February 1, 2022.

***

Update 7-29-20: While the emergency RON proclamation ended on May 15, 2020, Louisiana House Bill 274 enacts permanent remote online notarization provisions, but they won’t take effect immediately.  Some sections of HB 274 take effect on August 1, 2020, but the permanent RON provisions themselves take effect contingent upon whether the U.S. Congress passes and the president signs the SECURE Notarization Act (HR 6364 or S 3533 of the 116th Congress). If the SECURE Act is not enacted prior to February 1, 2020, the permanent RON provisions take effect then. However, HB 274 does not recognize RONs performed by Notaries in other U.S. jurisdictions as being on par with an act performed before a Louisiana Notary, effectively limiting signers in Louisiana to obtaining RON from Louisiana remote online Notaries only.

***

Under a proclamation issued by Louisiana’s Governor, Notaries may perform notarizations for individuals outside the Notary’s presence using the following rules:

• The individual, any witnesses and the Notary must be able to communicate simultaneously by sight and sound through an electronic device or process at the time of notarization.
• The Notary must reasonably identify the individual.
• The Notary or an agent of the Notary must create an audiovisual recording of the notarization, which must be retained for at least 10 years from the date of execution unless Louisiana law states otherwise.
• The individual, any witnesses and the Notary must affix digital signatures to the act in a manner that renders any subsequent changes or modifications evident.
• The waiver for physical presence may not be used when notarizing testaments, trust instruments, donations inter vivos, matrimonial agreements or acts modifying, waiving or extinguishing an obligation of final spousal support and authentic acts.  

Back To Top

Updated 7-14-21: Under an Executive Order 37, authorizes Maine Notaries to perform remote inked-sign notarizations (RIN). Governor Mills extended these provisions with some updates in House Paper 1033 until January 1, 2023:

• The Notary must be physically located within Maine when performing the RIN and must follow any additional RIN guidelines issued by the Secretary of State.
• The two-way communication method used must allow direct audiovisual communication between the signer and Notary in real-time.
• The signer must be identified through (a) personal knowledge; (b) remote presentation of a valid photo ID during the video conference; (c) the oath or affirmation of a witness physically present before either the Notary or signer who is able to communicate in real-time with the Notary by sight and sound during the notarization. The witness must be personally known to the signer and identified to the Notary using either methods (a) or (b) listed previously.
• The signer must attest to the Notary to being physically located in Maine and state what county the signer is located in during the notarization.
• The Notary and any witnesses must attest to being physically located in Maine during the notarization.
• For wills and powers of attorney, the Notary or at least one witness must be an attorney licensed to practice law in Maine.
• Before any documents are signed, the Notary must be able to view by camera the entire space in which the signer and any witnesses are located. Any person present must state their name on video in clear view of the Notary.
• The signer must affirmatively state what document is being signed, and the Notary must be provided with a copy of the document prior to the signing.
• Each page of the document being witnessed must be shown to the Notary and any witnesses in a way that is clearly legible to the Notary. The signer must initial each page in the presence of the Notary and any witnesses. The act of signing and initialing the document must be captured sufficiently close for the Notary to observe.
• On the signing date, a faxed or electronic copy of the document must be provided to the Notary. Within 96 hours, the signer must send the original document directly to the witness(es) -- or to the Notary if no witnesses were used.
• Within 96 hours of receiving the document, a witness must sign the document and send it to the Notary and any other witnesses involved in the notarization. The official date and time of the signature is the date and time the witness saw the document signed via video.
• Upon review and satisfactory comparison with the faxed or electronic copy provided on the date of signing, the Notary must notarize the original document within 96 hours of receipt. The official date and time of the notarization is the date and time the Notary witnessed the signature via video. The Notary must add the following language below the signature line(s): "Notarized (and/or Witnessed) remotely, in accordance with Maine Revised Statutes, Title 4 section 961"
• A recording of the notarization must be made by the Notary and preserved for at least 4 years from the date of notarization. The Notary shall provide a copy of the recording to the signer or the Secretary of State upon request.

Back To Top

Updated 11-17-21: Senate Bill 678 was signed into law and takes effect October 1, 2020. With this new law, Maryland Notaries can register to perform remote online notarizations for signers in any location as long as the Notary is physically located within the state. Please see here for current Maryland RON information.

***

Maryland Extends Expiration Dates for Driver's Licenses, Notary Commissions

Maryland Governor Larry Hogan has issued an executive order extending the expiration date of driver’s licenses and active Notary commissions to 30 days after the state of emergency is rescinded.

Under this executive order, Notaries may accept a driver’s license that expired during the emergency period as proof of a signer’s identity until the 30^th day after the emergency is lifted. Maryland Notaries must track the duration of the coronavirus emergency orders in their state because they will not be able to accept expired licenses as proof of identity after this grace period ends.

Because many state offices are currently closed due to the pandemic, the commission expiration date of all active Maryland Notaries has been extended until 30 days after the date the state of emergency is officially lifted to ensure Notaries will still be able to perform their duties for the duration of the current crisis.

Maryland Issues Temporary RON Guidelines

Updated 8-17-21: On August 15, 2021, Governor Hogan's emergency order expired. The order temporarily waived the in-person requirement for notarizing documents in Maryland, permitting remote online notarizations. 

Maryland Releases List of Approved RON Vendors

Updated 5-19-20. On May 11, the Maryland Secretary of State's office issued an update that recommends Maryland Notaries use a technology platform specifically designed to facilitate RON, but also allows the use of some technology providers designed primarily for video conferencing. Zoom may NOT be used due to security concerns. Video conferencing platforms Maryland Notaries may consider using include the following:

• Go To Meeting
• Microsoft Teams
• Google Meet
• Skype
• Cisco Webex

The MD Secretary of State cannot recommend third-party RON platforms, but Digital Delivery, DocuSign, DocVerify, eNotaryLog, LenderClose, Notarize, NotaryCam, Pavaso, Safedocs, Simply Secure Sign and World Wide Notary all meet state requirements. Whatever platform you use must include identity proofing and credential analysis.

Back To Top

Updated 4-13-23: A Massachusetts law temporarily authorized Notaries to perform remote ink-signed notarizations (RIN)  using the following guidelines. The authorization expires on March 31, 2023:

• The signer and Notary must both be physically located in Massachusetts during the RIN.
• The RIN must use real-time electronic videoconferencing.
• Only a Notary who is a Massachusetts attorney or paralegal under the direct supervision of a Massachusetts Notary may perform a RIN related to the closing a transaction involving a mortgage or conveyance of real estate, any will, nomination of guardian or conservator, caregiver authorization affidavit, trust, durable power of attorney, health care proxy or authorization under the federal Health Insurance Portability and Accountability Act.
• The signer must provide satisfactory evidence of identity to the Notary. If the signer is not a U.S. citizen, the Notary may accept a valid passport or other government-issued ID that evidences the principal’s nationality or residence and includes a photo and signature as satisfactory proof of identity.
• If the ID is a government-issued credential, the principal must display it to the Notary during the video conference and transmit a copy of the front and back of it to the Notary, either with the signed document or separately by electronic means. If the ID is a U.S. or foreign passport book, a copy of the front cover and page displaying the principal’s photo, name, and signature is sufficient for transmission to the Notary.
• The Notary must retain a copy of the ID and keep it secure and confidential in accordance with state and federal law for 10 years.
• If the document involves a mortgage or other conveyance of title to real estate, and if the ID is a government-issued credential and the principal is not personally known to the Notary, the principal must display during the initial videoconference a secondary form of ID containing a photo or signature or that is issued by a government entity, including, but not limited to, a credit or debit card, a social security card, a municipal tax bill or utility bill dated within 60 days of the first video conference.
• The signer must make the acknowledgment, affirmation, or other act to the Notary.
• The signer must send the signed document to the Notary by delivery service, courier or other means in accordance with the Notary’s instructions.
• If the document involves a mortgage or conveyance of title to real estate, the Notary and each principal must hold a second videoconference during which each principal verifies to the Notary that the document received by the Notary is the same document executed during the first conference. 
• The signer must swear or affirm that the signer is located within Massachusetts, disclose any person present in the room with the signer during the notarization and make that person viewable to the Notary.
• The notarial certificate for a videoconference notarization must include that the document was notarized remotely, the county where the Notary was located, and the time of notarization.
• If the document relates to a mortgage finance transaction, the notarial certificate may use the date stated within the body of the document, even if it precedes the date of completion of the notarial act.
• The Notary must execute an affidavit under penalties of perjury that the Notary has: (a) received a copy of the signer’s current ID and visually inspected it during the first video conference; (b) obtained each signer’s verbal assent to any recording of the video conferences; (c) taken each signer’s affirmations as to their location in Massachusetts; and (d) been informed and noted on the affidavit any person present in the room with the signer, including a  statement of the person’s relationship to the signer. The Notary must retain this affidavit for 10 years.
• If the Notary is a paralegal, the copy of a signer’s identification and the required Notary affidavit must be retained by the Notary’s supervising attorney if the notarization relates to the closing a transaction involving a mortgage or conveyance of real estate, any will, nomination of guardian or conservator, caregiver authorization affidavit, trust, durable power of attorney, health care proxy or authorization under the federal Health Insurance Portability and Accountability Act.

Back To Top

Updated 11-17-21: Michigan's temporary remote online notarization provisions for estate planning documents expired on June 30, 2021. Please see here for current Michigan RON information.

On July 29, 2021, lawmakers enacted a series of 3 bills to extend various driver’s licenses and identification cards due to the ongoing COVID-19 pandemic. Expiration dates that fall after March 1, 2020, are now valid until March 31, 2021. If the date falls between March 31, 2021 and August 1, 2021, the extension period lasts for 120 days after the date of expiration.

Back To Top

Minnesota Allows RON for Real Property Documents (Updated)

Updated 11-27-20: Temporary RON provisions expired June 30, 2021, but permanent RON laws enacted January 2019 authorize qualified Minnesota Notaries to perform RONs. 

MN Temporarily Allows Notary Commissions to be Filed by Mail, Fax or eSignatures

Update 8-4-20:  Due to the closures of recording offices, recording of documents has been reduced. In an effort to continue business, House File 4605 will temporarily allow Notary commissions to be filed by mail, fax or using electronic signatures.

Minnesota Extends Expiration Dates for Driver's Licenses, IDs

To help people unable to renew their driver’s licenses or state-issued IDs during the COVID-19 emergency, Minnesota House File 4531 extends the expiration dates of any Minnesota driver’s licenses or identification cards to the second month after the Governor terminates the current public health emergency. Thus, Minnesota Notaries may accept an expired driver's license or identification card during this time. Notaries must keep informed of the future date when the Governor lifts the emergency to ensure that any ID they accept after that time is currently valid.

Back To Top

Updated 11-17-21: The Temporary RIN/RON authorization expired on December 4, 2021.

On April 6, Governor Tate Reeves signed an executive order temporarily authorizing Mississippi Notaries to perform notarizations for remotely located individuals. The executive order permits Notaries to use a RON platform to perform remote online notarizations or for paper documents to be mailed between the signer and Notary using a videoconferencing app.

Notaries must follow these steps when notarizing for a remotely located signer:

• The signer must be identified through one or more of the following: (a) personal knowledge of the signer; (b) at least two different processes provided by a third party that identify the signer through a review of public or private data sources; (c) A government ID presented remotely through communication technology that includes the signer’s photograph and signature; (d) the oath or affirmation of a credible witness in the physical presence of the Notary or signer and who can communicate simultaneously with both by sight and sound electronically at the time of notarization. The credible witness must personally know the principal and be identified to the Notary using options (a) or (b) above.
• The Notary must create an audiovisual recording of the notarization and retain the recording during the term of the Notary’s commission and renewals unless state law requires otherwise or use an agent to create and store the recording.
• The Notary must not have knowledge that the notarization requested by a signer located outside Mississippi is prohibited by the laws of the jurisdiction where the signer is located and the document itself must meet certain requirements, as specified.
• For paper documents signed outside the Notary’s presence, the signing must be witnessed by the Notary using audiovisual communications technology, then physically mailed to the Notary for the Notary’s stamp and seal to be affixed. The official date of notarization is the date and time the Notary witnessed the signature being made via audiovisual communication.
• When using a RON platform, the official date of notarization is the date and time the RON is performed.
• In addition to the $5 per signature fee for each signature notarized, Mississippi Notaries my also charge an additional fee of $25 for any notarial act conducted when witnessing the signing of a document by a remotely located individual for the purpose of covering the cost of the remote online notarization platform.
•  A Notary who has witnessed the signing of an electronic document by a remotely located signer may certify that a tangible copy of the electronic document is a true and correct copy in order to facilitate recording. The Notary must confirm that the signature on the eDocument must (a) be capable of independent verification and protected against later changes or tampering; (b) the Notary must personally print or supervise the printing of the eDocument; and (c) the Notary must not make any changes to the eDocument other than adding the required “certificate of electronic document” form.

Back To Top

Update 1-7-22: Missouri's temporary remote notarization order expired on December 31, 2021. However, Missouri's permanent RON law is in effect. 

Missouri issued an executive order temporarily allowing notarizations to be performed using audiovisual technology, but only for signers located within the state, and under the following conditions:

• The Notary must be physically located within the borders of Missouri, and state which county the Notary is located in on the Notary certificate.
• The Notary must be registered as an Electronic Notary Public if video conferencing is used with electronic documents. If paper documents are used, the Notary does not need to register as an Electronic Notary.
• Any document notarized using audiovisual communication must include a Notary certificate that states the signer appeared remotely pursuant to Executive Order 20-08.
• The signer must display a valid photo ID to the Notary during the video conference if the person is not personally known to the Notary.
• The signer must affirm that he or she is physically located in Missouri to the Notary during the video conference.
• The audiovisual conference must be live, interactive audiovisual interaction that allows for observation and direct communication at the time of signing.
• The Notary must record in the journal the exact time and software used to perform the notarization, along with any other required journal information, except the signature of the principal.
• The document must be signed electronically with software approved by the Secretary of State.
• When notarizing eDocuments, the Electronic Notary must affix an electronic Notary seal to the electronic document.
• When notarizing paper documents, a paper or electronic copy of the signed document must be mailed or otherwise sent to the Notary within five business days.
• For purposes of notarizing via video conference, physical presence requirements for testators, settlors, principals, witnesses, Notaries or other persons required for the execution of estate planning documents such as wills, trusts or powers of attorney are temporarily waived and satisfied if the necessary parties are present through a video conference.
• If the document presented for notarization through video conference must be presented in a paper medium, the document satisfies the requirements of being an original document, and prima facie evidence, if the Notary prints the document and affixes an attestation stating that is a true and correct copy of the electronic document, states it was performed pursuant to Executive Order 20-08 and signs and affixes the Notary’s rubber stamp Notary seal.

Back To Top

Updated 11-17-21: Montana's emergency seal order was repealed on June 18, 2020. Please see here for current Montana RON information.

An emergency rule issued by the Montana Secretary of State clarifies that for the duration of the state of emergency in Montana, official Montana Notary seal images used for remote and remote online notarizations may be different in size, format, content or border design, as long as the seal is reasonably consistent with the requirements of Administrative Rules of Montana Section 44.15.107. From the Secretary of State’s notice: "The Secretary of State is adopting the following emergency rule because of the sudden and unexpected need for remote online notarizations (RON) due to the COVID-19 crisis. Unprecedented demand has been placed on the approved providers of RON platforms to onboard qualified Montana notary applicants for technology-based notarial services as quickly as possible. Montana has unique requirements for the electronic notary seal/stamp that impose significant developmental time on the part of the platform providers. This will significantly delay the ability of the RON notary applicants to begin offering remote notary services to the people of Montana."

Back To Top

Originally Nebraska law authorizing remote online notarizations was scheduled to take effect July 1, 2020. However, Governor Ricketts issued an executive order allowing the Secretary of State to immediately implement RON in Nebraska.

Update 7-24-20: Nebraska EO 20-05 extends the expiration dates of valid driver’s licenses and IDs issued by the Nebraska Department of Motor Vehicles expiring after March 1, 2020, until 30 days after the lifting of the declaration of the COVID-19 state of emergency. Individuals whose licenses are suspended, revoked, or denied may use their licenses for identification purposes only, confirming that Notaries may accept a license that has been extended by the Governor’s order.

Back To Top

Update 11-17-21: Permanent RON rules for New Hampshire took effect August 10, 2021.

The New Hampshire Governor issued Executive Order 2020-04 #11 permitting the state's Notaries and all notarial officers to perform remote notarizations for the duration of the State of Emergency. This expired on May 28, 2021.

To perform a remote notarization:

• The Notary and signer must be able to see and communicate with each other simultaneously.
• The signer must be identified through either personal knowledge; 2 types of third-party identity verification systems; or a credible identifying witness.
• An audio-visual record of the notarization is kept for as long as the Notary is commissioned.

For a complete list of provisions and requirements, review the Executive Order.

Back To Top

Update 1-12-22: Permanent RON laws took effect in New Jersey on Oct. 22, 2021. Please see here for current New Jersey RON information.

Temporary remote notarization was authorized under emergency, pandemic-related New Jersey Executive Orders. This temporary authorization expires when the State of Emergency ends.

The Executive Order extends the deadline for being sworn into office by the county to 90 days after the last day of the Public Health Emergency. Notaries whose commissions have expired may notarize under the new commission before being sworn in, provided they are sworn in before the extended deadline. These Notaries are to use the expiration date on their most recent commission. New Notaries must be sworn in before performing any notarial duties.

Remote notarization is temporarily authorized for New Jersey Notaries and notarial officers under the following rules:

• The Notary or officer must identify the signer through one of the following methods: (a) personal knowledge of the identity of the individual appearing before the Notary or officer, which is based upon dealings with the individual sufficient to provide reasonable certainty that the individual has the identity claimed, (b) satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the Notary or officer; or (c) obtained satisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing.
• The Notary or officer must reasonably confirm that the record presented to the Notary is the same one in which the remotely located individual made a statement or executed a signature.
• The Notary or officer must create an audiovisual recording of the notarization, which must be retained for a period of at least 10 years after the recording is made.
• If the signer is located outside the United States, the document may only be notarized by the New Jersey Notary or officer if the document (a) is to be filed with or relates to a matter before a public official, court, government entity or other entity under U.S. jurisdiction; or (b) involve property located in the United States’ territorial jurisdiction or involve a transaction substantially connected to the United States.
• If the signer is located outside the United States, the notarization requested must not be prohibited by the foreign state where the signer is located.
• The notarial certificate must indicate the notarization was performed using communication technology.
• The state Treasurer is authorized to implement additional rules or provisions necessary to perform remote notarizations.

Back To Top

Update 11-17-21: Permanent RON laws will take effect in New Mexico January 1, 2022.

Update 11-3-22: New Mexico extended temporary remote provisions through November 11, 2022.

Update 11-22-22:The Governor formally rescinded these orders. These rules are no longer in effect.

New Mexico Governor Michelle Grisham issues an executive order allowing Notaries to temporarily provide notarizations on paper documents using video conference technology.

The signer must transmit a legible copy of the signed document to the Notary and any required witnesses by fax or electronic means, and if not personally known to the Notary, the signer must present satisfactory evidence of identity during the video conference.

Once the Notary has received a legible copy of the document, the Notary may notarize the document and transmit the notarized document back to the signer.

The Notary and signer must be in New Mexico during the notarization, and both must affirmatively state this during the video conference. 

Governor Grisham expressly directs the Notary Commission Enforcement Unit not to bring any cases against Notaries who perform notarial acts in compliance with this order.

Back To Top

Update 2-15-23: Over the last few weeks, several new notarization laws have taken effect. As of January 25, all New York Notaries are required to keep a journal of their acts. Journals must be kept by the Notary for at least 10 years.

On February 1, permanent remote online notarization rules took effect. These permanent rules replace New York’s previous temporary RON provisions, which expired January 31. For more information, please see the NNA’s page on New York’s 2023 administrative rules.

New York Temporary RON

Update 3-24-22: Authorization of temporary RON is in effect until January 30, 2023. Notaries with an active commission can perform remote notarizations of either paper or electronic documents. All remote notarizations must be recorded in a journal and saved as an audiovisual recording. Permanent RON takes effect January 31, 2023, at which point Notaries must register with the Secretary of State before performing electronic notarizations.

New York Remote Notarization Executive Order

New York RON Expires June 25, 2021

Update 8-10-21: All of New York’s executive orders were rescinded on June 25, 2021. New York Notaries are no longer allowed to perform remote notarizations. The New York Department of State, Division of Licensing, also clarified that Notaries have until December 2021 to renew their licenses. The Department of State recommends renewing as soon as possible through the Notary's county, not through the state.

New York Governor Andrew Cuomo’s executive order allowed notarizations using audio-video technology in place of physical appearance under certain conditions. To use audiovisual technology to communicate during the notarization, the Notary and signer must comply with the following requirements:

• The person seeking the Notary's services, if not personally known to the Notary, must present valid photo ID to the Notary during the video conference. The signer may not present ID prior to or after the notarization.
• The video conference must allow for direct interaction between the person and the Notary (e.g. no pre-recorded videos of the person signing).
• The person must affirmatively represent that he or she is physically located in the State of New York.
• The person must transmit by fax or electronic means a legible copy of the signed document directly to the Notary on the same date it was signed. 
• The Notary may notarize the transmitted copy of the document and transmit the same back to the person.
• The Notary may repeat the notarization of the original signed document as of the date of execution provided the Notary receives such original signed document together with the electronically notarized copy within thirty days after the date of execution.

New York Releases RON Guidelines

The additional official guidelines issued on March 31 by the New York Department of State are no longer applicable for implementing Governor Cuomo’s remote notarization order.

• Notaries must place the Notary’s commission expiration date and county where the Notary is commissioned on the document. 
• If the Notary and signer are in different counties, the Notary should indicate on the document the county where each person is located.
• An electronic document sent to the Notary can be sent in any electronic format (e.g. PDF, JPEG, TIFF) provided it is a legible copy.
• The Notary must print and sign the document in ink and may not use an electronic signature to notarize the document. However, the signer may use an electronic signature, provided the document can be signed electronically under the Electronic Signatures and Records Act (Article 3 of the State Technology Law). If the signer uses an electronic signature, the Notary must witness the electronic signature being applied to the document, as required under Executive Order 202.7.
• If the Notary receives the original document within 30 days following a remote notarization, the Notary may perform a physical notarization again for the document using the original date of the remote notarization.
• The Department of State recommends keeping a Notary log of each remote notarization.

Back To Top

North Carolina Temporarily Permits Video Notarization

Updated 7-7-23. North Carolina's temporary emergency video notarization law expires on June 30, 2024.
***

North Carolina extends the emergency video notarization authorization until July 1, 2024. Remote notarizations done on paper documents must be sent to the Notary and back to the signer on the same day. When performing temporary notarizations in North Carolina, Notaries must use the emergency video notarization notarial certificate. 

Both the Notary and the signer must be physically located in North Carolina during the remote notarization. They must be able to communicate in real-time using audio-video technology. Journal entries are also required when performing remote notarizations. Journal entries must include the date and time the act was performed, the signer's full name, what type of notarial act was performed, the document type, the type of acceptable ID, the name of the video conference technology that was used, confirmation of real-time communication and the names of anyone in the room with the signer. 

North Carolina's temporary emergency video notarization law and 90 day extension for new Notaries to appear before a Register of Deeds to take the oath of office expired March 1, 2021, but the Secretary of State has issued a statement that this expiration is anticipated to be temporary. We will update this information as new developments become available.

Senate Bill 704, which was signed and took effect May 4, 2020, enacts a temporary authorization for Notaries to perform emergency video notarizations until August 1, 2020, following North Carolina video notarization requirements set by the Secretary of State. The Notary and the principal must use real-time, direct audiovisual communication for the notarization. Both must verify that they are present in North Carolina at the time of the notarization and identify the county or counties where they are located at the time of the notarial act.

North Carolina Issues Social Distancing Guidelines

Secretary of State Elaine Marshall has also published Notary social distancing recommendations in order to reduce physical contact and risk of contagion during an in-person notarization, including the following:

• Keep a safe distance from the principal at all times (minimum of 6 feet) – Standing at the opposite ends of a 6’ conference table or passing documents through a bank teller’s glass window satisfies the personal appearance requirement. No handshaking is required.
• Do not share pens – have them bring their own, sanitize after usage or gift them.
• Wear gloves and a mask – provide them for the principal signers also. 
• Do not touch the identification card or document – view it from the desk/tabletop.
• Arrange the documents such that each document needing to be notarized is grouped together, the amount of time being spent with the signer can be dramatically reduced.
• Have the signer sign all signatures that require an acknowledgment prior to the meeting (acknowledged signatures do not need to be signed in front of the Notary; they simply must be acknowledged)
• Identify each page requiring a signature to be notarized prior to the notarial act so you can have the signer acknowledge each signature simultaneously i.e. “Do you acknowledge that you willingly signed page 2, 4, 6, 8 & 12?”
• In the case where an oath is required on any of the documents, the signature must be made in the presence of the Notary who would also must administer an oath or an affirmation. When multiple oaths are required the notary may administer one single oath for all of the documents i.e. “Do you swear that the information on pages 1, 3, 5, and 9 is true so help you God?”
• After positively identifying the principal and administering the oath/affirmation or taking their acknowledgment the Notary may relocate to another room to complete the notarial certificate(s) as the law does not require the certificates to be completed in the presence of the principal signer N.C.G.S.10B-20(C)(1).
• Use sticky tabs to indicate where the principal needs to sign your journal.

Back To Top

North Dakota law allows Notaries commissioned in the state to perform Remote Online Notarization (RON). The Secretary of State’s office issued guidance this week regarding what Notaries must do to begin performing RONs.

The Notary must provide the following information to the Secretary of State’s office:

• Notice that the Notary will be performing notarial acts for remotely located individuals.
• The name of the remote notarization service provider they will use for RON. 

This information may be provided by e-mail to sosaccnot@nd.gov, by fax to (701) 328-0107, or by letter to North Dakota Secretary of State, 600 E Boulevard Avenue, Dept 108, Bismarck ND 58505-0500.

Here are some of the companies that provide RON solutions. (NOTE: This is not a complete list of providers, and the Secretary of State’s office does not endorse any provider. Nor does it require one be selected from the list.)

• DocVerify
• Nexsys
• Notarize
• NotaryCam
• Pavaso

When selecting a RON solution provider, Notaries must make sure that the provider can and will comply with all North Dakota legal requirements because not all solutions do. For example, a provider may have technology that satisfies the personal appearance requirement using communication technology, but it may not record and retain the audiovisual recording for ten years as required by state law.

Any questions regarding RON may be emailed to sosaccnot@nd.gov.

Back To Top

Oregon Issues Temporary RON Instructions

Updated 6-15-21: Oregon's permanent RON law took effect on June 15, 2021. The new law makes the temporary remote online notarization rules (RON) issued by the Oregon Secretary of State permanent. The temporary rules were published to implement the enactment of House Bill 4212 authorizing Oregon Notaries to perform RONs under the following procedures:

• Before performing remote notarizations, an Oregon Notary must complete a required remote online notarization course. After completing the course, the Notary must notify the Secretary of State’s office that the Notary will be performing notarial acts for remotely located individuals.
• The signer must present satisfactory ID verified through credential analysis using a reputable third-party vendor or software tool that meets state requirements, and also pass a knowledge-based authentication test of 5 multiple-choice questions with a score of 80 percent within 2 minutes.
• The Notary must visually compare the ID presented to confirm the signer matches the appearance of the photo on the presented ID, capture an image of the identification presented by the signer and confirm that the ID is in the signer’s possession at the time of the notarization.
• Each document completed as part of a remote notarization must be electronically signed and rendered tamper-evident.
• Any technology platform used to perform a RON must meet all applicable consumer data, privacy, and information security laws.
• A remote online notarization may be recorded in an electronic Notary journal provided by a RON technology vendor but each entry in the electronic journal must meet the requirements under ORS 194.300. Records of a RON must be retained in a secure manner for 10 years following the date of notarization and be made available to the Secretary of State upon request.
• Any RON technology used must include reliable, continuous, synchronous audio and video feeds that enable all parties to be clearly heard and understood.
• An audiovisual recording of the notarization must be made and logically associated with the electronic Notary journal. The recording must be capable of being viewed and heard using broadly available audio and visual player systems.
• Documents executed as part of a RON may not be recorded as part of the audiovisual recording of the notarization.
• Notaries may charge a maximum of $25 for performing a remote online notarization.

Oregon Releases Safety Recommendations

Oregon’s Secretary of State has released recommended safety practices for Notaries to follow during the COVID-19 crisis, including the following: 

• Have hand sanitizer with you at all times.
• Wash your hands after notarizing.
• Don’t reuse pens that are being used for signing.
• Laminate two pieces of paper to use in your journal so that the only exposed are is the section that needs to be signed. Clean the laminated paper after each use.
• Notarize with a plastic or glass shield between you and the customer.
• Always keep safety first.

Back To Top

Pennsylvania Guidance on Oral Oaths and Affirmations

Updated 9-29-21: The Pennsylvania Department of State  provided guidance for oral oaths and affirmations after the physical presence waiver expires on September 30, 2021. Notaries who are court reporters or stenographers participating in criminal, civil and administrative proceedings may continue to administer oaths and affirmations by telephone or video conference. They will not need to become a remote notary or use approved remote technology to administer oral oaths and affirmations. The Department intends to clarify additional matters by future regulation.

Pennsylvania Extends Notary Exam Authorizations

Updated 7-14-20: The Pennsylvania Department of State has extended Notary exam authorizations. Notary applicants whose exam-authorized status expires by June 29, 2021 will be able to schedule an examination at any of the available Pearson VUE test centers until June 30, 2021.

As noted in the Department’s COVID-19 Notary Public FAQs, the best way for a candidate to find an open exam center is to log into their Pearson VUE account and search for a location/date/time. When candidates log into their Pearson VUE account, they will be able to search for an exam date/time and the exam centers that are open will populate in the search. New applicants who are not yet exam-authorized but submit applications before June 30 will also receive this extension.

Pennsylvania Extends 45-Day Deadline for Qualifying Appointed Notaries

The Pennsylvania Department of State has not appointed or reappointed Notaries since March 11, 2020, due to the COVID-19 emergency. The Department of State has announced they will resume Notary appointments on May 15, 2020, and the Governor has extended the 45-day deadline for qualifying appointed Notaries to be sworn and record their bonds, oaths and commissions in the counties, up to an additional 30 days. Notaries with a deadline of August 31, 2021 will benefit of the full 30 day extension, which is September 30, 2021. Those with a deadline between September 1-29, 2021, will get extra time, just not the full 30 days. Notaries appointed on or after September 30, 2021, will resume the normal 45 day deadline.

Pennsylvania Authorizes RON (Updated)

Updated 11-17-21: House Bill 2370 made RON permanent in Pennsylvania on October 29, 2020, replacing Senate Bill 841.

***
Senate Bill 841, effective as of April 20, temporarily authorizes all Pennsylvania Notaries to notarize any record for a remotely located individual using communications technology. This law supersedes the previous emergency Notary orders announced by the Department of State. Previously, only certain real estate and estate-planning documents could be notarized using remote online notarization.

All Notaries who want to use audio-visual technology as an alternative to personal appearance must:

• Become an approved Pennsylvania electronic notary by submitting a free application.
• Use an e-notary solution already approved by the Department that offers remote notarization technology.
• Indicate in the notarial certificate that the notarial act was performed by means of communication technology. The following statement will satisfy that requirement: “This notarial act involved the use of communication technology.”

RON providers approved by the Department:

• DocVerify  (for general use)
• Safe-Docs (for general use)
• Pavaso (for title companies and other real-estate transactions)
• NotaryCam (for general use)

Notaries must execute all notarial acts in accordance with all other requirements of state law.

Back To Top

Last updated July 5, 2023: Rhode Island's temporary remote notarization standards expired on May 11, 2023 and has not been renewed.

The standards temporarily permitted Rhode Island Notaries to perform remote notarizations under the following conditions:

• The Notary must register with the Rhode Island Department of State, providing information about the RON technology provider that will be used and an example of the Notary’s electronic signature and stamp.
• The Notary and signer must communicate simultaneously via sight and sound through an electronic process at the time of notarization.
• The Notary must identify the remotely located signer by one or more of the following methods: (a) Two types of identity proofing; (b) oath or affirmation of a credible witness either in the physical presence of the Notary or signer, or who is able to communicate with the Notary and signer remotely by sight or sound electronically at the time of notarization; or (c) personal knowledge.
• Any credible witness who identifies a signer must be personally known to the signer and either personally known to the Notary or identified by two forms of identity proofing.
• The Notary must create an audiovisual recording of the notarization and retain the recording personally or through a designated repository for at least 10 years unless state law requires otherwise.
• The documents for remote notarizations for signers outside the borders of Rhode Island must either (a) relate to a document for a court, government entity, public official or other U.S. entity or (b) involve property located in the United States or a transaction substantially connected to the United States. In addition, the Notary must not have knowledge that the act of signing or making the statement notarized is prohibited in the jurisdiction where the signer is located.
• After a remote notarization, the signer must mail the signed copy of the document to the Notary for the Notary to complete a notarial certificate with the Notary’s signature and official seal. The official date and time of the remote notarization is the date and time the Notary witnessed the signature via electronic communication.

Back To Top

Update 5-14-21: Tennessee's temporary remote provisions for remote ink-signed notarization (RIN) expired on April 28, 2021 and have not been renewed.

Tennessee’s Governor has signed two executive orders — Executive Order 26 and Executive Order 37 — temporarily authorizing documents to be signed and notarized using videoconference technology, using the following rules:

• The signer and Notary must communicate directly using real-time audio and visual communication. Tennessee’s emergency rules allow Tennessee Notaries to use videoconference technology such as Skype, FaceTime, Zoom, WebEx and other similar communication technologies for RIN (though Notaries are not limited to using only these technologies).
• The signer, Notary and any witnesses must all be physically located in Tennessee during the real-time audiovisual communication.
• The Notary must verify the identity of the signer using personal knowledge or government-issued ID at the time the document is signed.
• The signer must identify the document being signed and witnessed during audiovisual communication with the Notary.
• The Notary must be able to capture the signing and witnessing of the document on video. The document must also include a provision stating it was executed in compliance executed in compliance with, as applicable, Executive Order No. 26 by Tennessee Governor Bill Lee, dated April 9, 2020, and/or Executive Order No. 37 by Tennessee Governor Bill Lee, dated May 12, 2020.
• The original document must be physically notarized by the Notary no later than 10 calendar days after the execution of the document.
• This emergency order does not prevent Notaries from perform remote online notarization (RON) according to the permanent laws already established in Tennessee, but the executive order does not require a Tennessee Notary to be commissioned as an Online Notary or follow Tennessee’s RON laws in order to perform RINs under the temporary order.

Back To Top

Texas Temporarily Permits RIN

Last updated May 16, 2023: Governor Greg Abbott issued an order temporarily allowing signers to appear before any Notary via video conference during the Disaster Declaration. The Governor suspended several statutes requiring certain estate-related documents to be executed in the physical presence of the Notary. Full information can be found on the state's website announcement.

Texas Extends Expiration Dates for Driver's Licenses, IDs

Updated 5-14-21: Texas extensions for ID cards and driver's licenses expired as of April 14, 2021.

Texas Department of Public Safety announced that it is extending the expiration date of Texas identification cards, driver's licenses, commercial driver's licenses, commercial license permits or election identification certificates for the duration of the Governor's declaration of State Disaster plus 60 days after the Department issues public notice that the extension period for this disaster declaration has been lifted. This applies to the above identification documents set to expire on or after March 13, 2020.

In other words, any of these ID documents with expiration dates of March 13, 2020, or later are still considered valid and current for 60 days after the State of Disaster is lifted.

For example, if the disaster declaration is lifted on April 20, a driver's license with a March 25, 2020, expiration date would still be considered valid until June 19. Because Texas Notaries may only a current, state or federal government-issued identification document as proof of identity, this card would be acceptable until June 19.

Here are some steps to follow when accepting an ID covered under the Department of Public Safety's order:

• Confirm the expiration and not the issuance date on the ID. A Texas driver's license and identification card show both. The issuance date appears in black and the expiration date opposite it in red.
• Keep apprised of the status of the disaster declaration of State Disaster and watch for the Department’s further public notice that normal operations have resumed.
• Do not apply the Department’s extension to any other ID not mentioned in the public notice.
• Note in the journal entry that the ID presented was extended by the Department of Public Safety’s March 18, 2020, public notification.

Back To Top

Updated 4-11-23:

The temporary emergency rules expire on September 5, 2023.

Vermont enacted a law in 2018 authorizing remote online notarization. However, the law did not allow remote online notarizations to be performed until the Secretary of State published rules to implement the new law.

The Vermont Secretary of State issued emergency administrative rules permitting signers and Notaries to satisfy the personal appearance requirement via a secure communication link. However, the emergency rules only apply to paper documents and “do not permit electronic notarization or remote online notarization of electronic documents.”

In order to perform a notarization in this manner:

• The signer must be in Vermont.
• The Notary must verify the signer’s identity either through personal knowledge, a credible witness or 2 different types if identification presented by the signer.
• The notarization must be “performed on a tangible (paper) record” either sent to the Notary in its original paper form or transmitted electronically and printed out by the Notary.
• The notarial certificate must be hand-written, imprinted by a stamp or embosser, or both on the document.
• The Notary — or a person acting on their behalf — must create an audio-visual recording of the notarization and retain it for at least 7 years.

For a complete set of requirements, review the rules on the Secretary’s website, which also includes COVID-19 guidance. The rules are effective until March 14, 2022. On April 28, Senate Bill 316 took effect in Vermont, temporarily allowing witnesses to a last will to personally appear by remote means to sign self-proving affidavits.

Back To Top

Update 7-24-20: The Virginia Department of Motor Vehicles has extended Virginia driver’s licenses and ID cards set to expire from March 15 to July 31, 2020. IDs that expired between March 15 – April 30 are extended for 180 days. IDs expiring from May 1 – July 31 will have up to 180 days beyond the expiration date, not to exceed October 1, 2020. Credentials that expire after July 31, 2020, must be renewed before their expiration date.

Back To Top

The Washington Governor issued a Proclamation regarding the delayed effective date of Senate Bill 5641, which authorized notarial acts to be performed for remotely located individuals. The new law was supposed to take effect on October 1, 2020, but the emergency Proclamation makes the new law effective temporarily through May 31, 2020, or the end of the COVID-19 emergency, whichever comes first. Notaries must follow the state's remote notarization emergency rules. Update 7-10-20: Washington Proclamation 2020-27.5, signed on July 2, 2020, extends Proclamation 2020-27 through August 1, 2020.

Back To Top

Effective on June 17, 2021, West Virginia enacted permanent remote notarization laws.

West Virginia has issued an executive order suspending the personal appearance requirement for notarizations during the COVID-19 emergency and any future similar emergency, and the state has published guidelines for Notaries to communicate with signers using remote communication.

Under emergency rules issued by the Secretary of State, West Virginia Notaries must follow these guidelines when notarizing without personal appearance:

• The Notary and signer must be able to communicate simultaneously by sight and sound through an electronic device, technology or process at the time of notarization.
• The Notary must identify the signer through one or more of the following: (a) personal knowledge of the signer; (b) at least one current document or record including the signer’s photograph, name and signature, such as a driver’s license or passport; (c) at least 2 different processes or services provided by a third party to verify the signer’s identity through a review of public or private data sources; (d) the oath or affirmation of a credible witness in the physical presence of either the Notary or signer who can communicate with both simultaneously through an electronic device or process at the time of notarization. The credible witness must have personal knowledge of the signer and the witness must be reasonably identified by the Notary using options (a) or (b) above.
• The Notary or an agent directed by a Notary must create and maintain an audio and visual recording of the signing and notarization for the duration of the Notary’s commission and any renewals, unless a new West Virginia law changes this requirement.
• If the signer is located outside the borders of West Virginia, the following additional requirements must be met: (a) The Notary must be commissioned as an Out-of-State Commissioner under W. Va. Code § 39-4A-1; (b) The Notary must not have knowledge that the act of making the statement or signing the record is prohibited by the laws of the jurisdiction in which the signer is physically located; (c) The record must be intended for filing with or relate to a matter before a court, governmental entity, public official, or other entity subject to the jurisdiction of West Virginia; or involve property located in the territorial jurisdiction of West Virginia or a transaction substantially connected to the State of West Virginia; or must be otherwise permitted by West Virginian law to be notarized outside the state of West Virginia.
• After being identified by the Notary, the signer must mail the signed copy of the documents to the Notary for certification and execution with the Notary’s signature and official stamp or seal. The official date and time of the notarization is the date and time when the Notary witnessed the signature using the technology or process used to communicate with the signer.

Back To Top

Wisconsin enacted Assembly Bill 293 on March 5 authorizing Notaries in the state to perform remote online notarizations. The law is set, which goes into effect on May 1, also gives the state Department of Financial Institutions authority to make emergency regulations to implement its provisions.

The Department of Financial Institutions last week issued emergency guidance immediately authorizing remote notarization in the state.

The Department has approved 5 remote notarization service providers: Notarize.com and NotaryCam, which provide remote notary services to the general public; and Pavaso, DocVerify or Nexsys, which provide them for title companies and other real estate transactions.

Notaries who wish to perform remote notarizations need to go to one of these providers and take their training to use their platforms. Once the Notary completes the training with one of the approved providers, the provider will inform the Department, and the Notary can begin performing remote online notarizations using the provider’s platform.

Back To Top

Updated 11-17-21: Wyoming enacted permanent RON laws on July 1, 2021.

The Wyoming Secretary of State’s office has issued temporary RON guidelines allowing Notaries to perform remote online notarizations until July 1, 2020, or the Governor lifts the current state of emergency, whichever comes first.

Wyoming Notaries must complete training from an approved RON provider from the list provided in the guidelines and submit a RON Notice of Intent form to the Secretary of State’s office in order to perform remote online notarizations.

Back To Top