Because remote notarization is still a new process, many people aren't clear how it works — especially regarding where a Notary and signer can be located when the remote notarization takes place.
In this article, we'll look at the basic rules for Notary and signer location when a remote online notarization takes place in states that have adopted permanent laws. Procedures for states that have adopted temporary remote notarization rules may vary. You can find additional details about permanent state rules and guidelines at the NNA Knowledge Center and more information about temporary state remote notarization guidelines in the Notary Bulletin.
Rule 1: The Notary must be physically present in the commissioning state.
With the possible exception of Virginia, every state with permanent remote notarization laws requires the Notary to be physically present within the borders of the commissioning state when performing a remote notarization, just like when performing a traditional pen-and-paper notarization.
For example, a Texas Online Notary authorized to perform remote notarizations can do so while physically located in Texas. But if the Notary travelled to another state or country, the Notary could not perform remote notarizations outside the borders of Texas.
Rule 2: In most cases, the signer does not have to be physically present in the same state as the Notary.
While the Notary must be physically located in the commissioning state during a remote notarization, in most cases, the signer can be located either inside or outside the state when the remote notarization takes place — or even in a different country!
States with special rules
There are a few states that have other special location rules or restrictions for a remote notarization.
In states that have enacted the Revised Uniform Law on Notarial Acts (RULONA) provisions for notarizations involving remotely located individuals, two rules come into play. First, Notaries may only perform a notarization for a remotely located individual who is outside the United States if the matter or record involving the remote notarization has a "nexus" with the United States, such as a record relating to a matter before a U.S. court or other government entity, or involving property in a U.S. jurisdiction.
Second, the remote notarization may only be performed if the act is not prohibited in the jurisdiction where the remotely located individual is at the time of the remote notarization. States with these provisions include Washington, Pennsylvania, and Idaho. In Colorado, a Notary must not have knowledge that the remote notarization is prohibited in that jurisdiction.
In West Virginia, Notaries can only perform a remote "ink" notarization for a signer who is located in West Virginia. If the signer is located outside West Virginia, the Notary must be commissioned as an out-of-state commissioner of deeds.
David Thun is the Assistant Managing Editor at the National Notary Association.
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