Many people confuse electronic notarization with remote notarization, believing they are the same. They are not. Electronic notarization, or eNotarization, involves documents that are notarized in electronic form, and the Notary and document signer sign with an electronic signature. But all other elements of a traditional, paper notarization apply to electronic notarization, including the requirement for the signer to physically appear before the Notary. The confusion arises from the fact that remote notarizations typically involve digital documents that are signed and notarized electronically. However they go a step further in that the transaction is conducted online rather than in person. CLASSROOM STRUCTURE FOR LESSON 3 APPLYING NEVADA ELECTRONIC NOTARY (LESSON 3) STEP-BY-STEP TO ELECTRONIC NOTARY REGISTRATION ELECTRONIC NOTARY SOLUTION PROVIDER INFORMATION FORMS & FEES NEVADA NOTARIAL OFFICER ENOTARY FAQs NEVADA ELECTRONIC NOTARY (E-NOTARY) VIDEO HOW TO BECOME A REMOTE ONLINE NOTARY

LOVE

LOVE

Remote online notarizations (RONs) marry the convenience, speed, and efficiency of the digital world with the integrity of centuries-old Notary best practices. RON allows Notaries the opportunity to earn income from performing notarizations without leaving home, and to even broaden their base by serving customers in other states or countries. For many Notaries, the first question is “How do I get started?” To perform remote notarizations, many states require you to choose an approved platform provider that will give you the tools you will need. If you’re new to RON, you’re probably wondering how to find the RON platform that best suits your needs. In this article, we will summarize the costs, benefits and services provided by 7 well-known remote notarization providers. The National Notary Bulletin reached out to each of these companies to answer the following questions: Availability: In which states is your RON platform available to Notaries? Sign-Up Costs: What fees do Notaries need to pay to use your RON platform? Registration Requirements: Are there certain qualifications Notaries must meet to use your platform? Also, must Notaries use your RON platform exclusively for their work? Hardware/Software: Are Notaries required to own a laptop, desktop computer or mobile device to use your system? Records Storage: Does your company provide secure storage for Notary journals and audiovisual recordings? Electronic Tools: Do you provide the Notary with an electronic seal or digital certificate? Training/Support: Do you provide Notaries with training and technical support for remote notarizations? RON Assignments: Do you provide RON assignments to Notaries? Below is the information provided by each remote notarization provider. This is only a partial list of RON technology platforms available, and the NNA does not endorse any specific platform. Before selecting a remote notarization provider, you should confirm that their remote notarization platform complies with your state’s laws. The NNA’s online Knowledge Center has a summary available of all current state RON requirements. TABLE OF CONTENTS: BlueNotary Cyberize It DocuSign eNotaryLog, LLC Notarize NotaryCam OneNotary Pavaso SIGNiX Stavvy BlueNotary Website  Availability: Available in Alaska, Arizona, Colorado, Florida, Hawaii, Idaho, Kansas, Kentucky, Minnesota, Montana, Nevada, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wyoming. With several states pending approval. Sign-Up Costs: Free OR $27/month upgraded plan. Registration Requirements: You must be a commissionned Notary to sign up. Hardware/Software: None. Records Storage: BlueNotary stores records and video recordings for up to 10 years in a secure database. Electronic Tools: BlueNotary provides a Digital Signing Certificate and eSeal free of charge to use on the platform. Audio/video conferncing is built-in with no setup required. ID and Credential proofing is provided at no extra charge. Training/Support: BlueNotary provides video and written tutorials and also provides a session simulator for training purposes. BlueNotary offers live chat support during normal business hours. RON Assignments: Independent notaries can bring their own clients to the platform. As well, there is opportunity to provide service to clients sourced by BlueNotary. View Less  Cyberize It Website  Availability: Available in Alaska, Arizona, Colorado, Florida, Guam, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, Wyoming Sign-Up Costs: • The monthly subscription cost is $39.99 and the yearly subscription is priced at $287.93. There are quarterly and semi-annual options, too. There’s also a fee per transaction. You can cancel your subscription at any time. Unused subscriptions are non-refundable. Registration Requirements: • You must hold a current commission as a remote Notary in your state, provide proof of identification and have an Errors and Omissions (E&O) insurance policy of $10,000 or more. Hardware/Software: • You must have access to a laptop or desktop computer. Both Windows and Macintosh operating systems are compatible. Records Storage: • Cyberize It, LLC provides an e-journal program that you can customize to ensure you’re compliant with your state’s laws. The e-journal and the recorded video sessions are securely stored for 10 years. Regardless of your subscription status, you will have complete access to your records. Electronic Tools: • Cyberize It, LLC includes an electronic seal. In certain states, you may be required to have an independently owned digital certificate. Notaries must get the digital certificate from third-party vendors like Identrust or Intesi Group. Training/Support: • Cyberize It, LLC provides a comprehensive training program encompassing various aspects of online notarization. This program covers best practices, state laws, government bidding, and estate planning to ensure a thorough understanding of the online notarization process. They also offer marketing tools, assistance, and complete training on the platform. Technical support is available for non-urgent inquiries through email, while in-session support is provided 24/7 via text messaging. RON Assignments:• Cyberize It, LLC has an in-platform board where signers post what they need and Notaries can claim the jobs directly. The availability varies based on factors such as the Notary's commissioning state or specific language skills required for a particular job. The board may also include witness requests, which are open to all Cyberize It Notaries and can be claimed at any time. View Less  DocuSign Website  Availability: See DocuSign’s online list of states. Sign-Up Costs: One-time setup fee (varies based on technology and transaction requirements), plus $15 fee per signature notarized. Customers requesting a remote notarization can purchase use of DocuSign’s platform for a Notary selected by the customer. Once the fees are paid, the customer’s Notary can join the platform at no cost and participate in the remote notarization. Registration Requirements: Please see DocuSign’s online starting instructions. DocuSign does not limit Notaries from using other competitors’ platforms. Hardware/Software: A laptop, desktop, or mobile device with a working camera and microphone is required. Please also see DocuSign’s browser and Internet requirements. Records Storage: DocuSign retains tamper-evident audio-visual recording and journal entries for the Notary for up to 10 years after the remote notarial act in compliance with state RON requirements. Notaries may access their records and download and retain them if needed according to state requirements. Electronic Tools: If required, Notaries may purchase a digital certificate through IdenTrust. Training/Support: DocuSign provides Notaries assistance with initial setup of their RON platform. Online reference documents and tutorial videos are available online to walk Notaries through the RON process. DocuSign provides a complimentary self-paced RON learning course. For an additional cost, live instructor-led workshops and custom training for specific professional fields are available. RON Assignments: No. View Less  eNotaryLog, LLC Website  Availability: All states where RON is legal except Alabama and South Dakota, which are RIN-only states. Sign-Up Costs: There is no fee to sign up and use eNotaryLog’s platform. A variable fee charged to the Notary for each completed Notary session/identity verification (Please contact company for additional details). Registration Requirements: You must be a commissioned Notary who meets all state requirements to perform remote notarizations. eNotaryLog does not limit Notaries from using other competitors’ platforms. Hardware/Software: A laptop or desktop computer with a recommended minimum display of 13 inches for best viewing, an audio speaker, a microphone and a video camera capable of recording videos is required. Notaries should have a stable Internet connection and use the Chrome or Firefox web browser. Records Storage: eNotaryLog provides secure storage for RON audiovisual recordings and journal records that conform to all state storage and security requirements. eNotaryLog provides a full audit trail and tracking on session files per compliance guidelines. The eNotaryLog platform is SOC 2 compliant, MISMO certified, and independently audited in 2021 by DLA Piper, a leading global law firm and fintech advisor. Electronic Tools: eNotaryLog provides digital certificates and eSeals to Notaries in states where required. Training/Support: eNotaryLog provides online training sessions, ongoing support and a comprehensive Knowledge Center for independent Notaries using the platform. Live chat tech support is provided through eNotaryLog’s website 7 days a week from 8 a.m.-midnight. RON Assignments: No. View Less  Notarize Website  Availability: Notaries can sign up to perform RON assignments provided by Notarize in Florida, Nevada, Texas and Virginia. Notaries can sign up with Notarize to perform RON assignments independently in Tennessee and Washington. Sign-Up Costs: There is no fee to sign up. Notarize charges a fee of $8 per transaction and $3 per seal. Registration Requirements: Notaries who wish to perform RON assignments for Notarize must provide the following: A) IdenTrust digital certificate; B) NNA Notary Signing Agent Certification; C) Proof of E&O insurance; D) Notary commission information. Independent Notaries not receiving assignments from Notarize are not required to have NNA Notary Signing Agent certification. Hardware/Software: PC or Apple computer with 4GB RAM, Intel Core i5 processor or better and one of the following operating systems: Windows 10 or later or Mac OS X Leopard or later; or a Chromebook or ChromeBox with Google Google Chrome OS. Adobe Acrobat Reader An Internet connection with Ping: < 30ms; Upload: 5mBit, Download: 20mB Latest version of Google Chrome with cookies and JavaScript enabled. 19-inch monitor with a screen resolution of at least 1366x768 (two monitors recommended) A web camera with a minimum resolution of 780p Records Storage: Notarize’s platform automatically captures information from each Notary session as required by the laws in the Notary’s state for electronic notarization. Notaries can access their journal at any time via their Notarize account as well as export a copy for their records. Electronic Tools: Free electronic Notary seal and electronic signature. Training/Support: Training articles are provided to Notaries online. Tech support is available via real-time online chat and email Monday-Friday 8 a.m.-11:59 p.m. Eastern Time and Saturday and Sunday from 8 a.m.-10 p.m. Eastern Time. RON Assignments: Yes, in certain states (See “Availability” above). Notaries are typically paid $5 per completed retail/business notarization and $25 per completed lender/title company assignment. View Less  NotaryCam Website  Availability: All states that authorize remote notarization. Sign-Up Costs: No sign-up fee. Notaries perform RON assignments for parties who request remote notarizations through NotaryCam (see “RON Assignments” below). Registration Requirements: Notaries must have a digital certificate and electronic seal provided through the NNA, a $100,000 E&O insurance policy and pass a background check. NotaryCam does not limit Notaries from using other competitors’ platforms. Hardware/Software: A laptop or desktop computer with a webcam and an internet connection is required. Records Storage: NotaryCam provides electronic journal storage to Notaries at no charge. Electronic Tools: None provided. Training/Support: All Notaries who sign up are required to take a training course provided by NotaryCam. Tech support is available 8 a.m.-8 p.m. Eastern Time. RON Assignments: NotaryCam provides assignments to Notaries who sign up to use their platform. Notaries are paid a fee by NotaryCam for performing these assignments based on transaction type, length and complexity. NotaryCam does not currently provide RON services for independent Notaries, but this option is planned for launch later in 2022. View Less  OneNotary Website  Availability: Available in Alaska, Arizona, Florida, Minnesota, Oklahoma, Ohio, North Dakota, Pennsylvania, Rhode Island, Tennessee, Texas, Virginia, Washington, West Virginia and Wisconsin Sign-Up Costs: No sign-up fee is required for general notarizations. Notarizing large document packages such as loan signings, home refinancing packages and other complex transactions require a $25 per month professional subscription. Registration Requirements: The Notary must provide a digital certificate, electronic seal and PDF of the notarial certificate wording that will be used. Notaries working as independent contractors for OneNotary (see “RON Assignments” below) must be NNA Certified Notary Signing Agents. OneNotary does not limit Notaries from using other competitors’ platforms. Hardware/Software: A computer (tablets and phones may not be used) with a video camera, speaker and microphone and a reliable internet connection of at least 5 Mbps is required. Records Storage: OneNotary provides audio/video recording storage for 10 years, with no public access to the recorded video. Only authenticated Notaries have access to download recordings. Electronic Tools: OneNotary assists Notaries in selecting and purchasing a digital certificate and/or electronic seal. Training/Support: OneNotary provides training articles and videos to Notaries. Tech support available Monday-Friday 7 a.m.-10 p.m. Eastern Time. RON Assignments: OneNotary does not provide assignments to Notaries but does hire Notaries as independent contractors to perform notarizations for the company. Hourly rate ranges from $15-$25 per hour based on Notary’s experience and performance. View Less  Pavaso Website  Availability: Arizona, Arkansas, Colorado, Guam (U.S. territory), Florida, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin Sign-Up Costs: For Notaries that work with multiple approved companies already using Pavaso, there is a one-time $99 setup fee and a $50 annual renewal fee (Please see “Registration Requirements” below) Registration Requirements: Pavaso exclusively handles remote notarizations for real estate signings, closings and transactions. To become a remote Notary on Pavaso, you must be referred to Pavaso directly by an approved company who is already using Pavaso and you are working with. Hardware/Software: There are no specific hardware requirements for Notaries except the need for a laptop or tablet with audio/video capabilities to perform the RON session. For all system requirements, visit https://pavaso.com/system-requirements/. Records Storage: Provides storage for RON video recordings and electronic journals in association with each individual signing, closing and transaction. Notary can view or download the RON video recording and electronic journal entries at any time after the signing/closing session has concluded. Electronic Tools: Pavaso offers a digital certificate, electronic seal, and digital signature. However, if companies using the Pavaso platform choose to require Notaries to use a different digital certificate, the Notary can purchase their own digital certificate and upload it to their Pavaso profile. Training/Support: Every Notary that uses Pavaso receives access to an online portal called Pavaso University for at-your-own-pace training and access to FAQs. This is available 24/7 with no expiration. More information is available at https://pavaso.com/training/support-center/ RON Assignments: Pavaso does not provide assignments to Notaries. All assignments on the Pavaso platform originate from approved companies managing the transaction. View Less  SIGNiX Website  Availability: All states that authorize RON except Indiana. Sign-Up Costs: $299 per year. Registration Requirements: Must be a commissioned Notary to sign up. Hardware/Software: No specific requirements. Records Storage: Provides electronic journal/video record storage with high security. Electronic Tools: SIGNiX provides each Notary with a digital certificate at no cost and integration with audio/video communication. Training/Support: Provides setup assistance and training for Notaries and live support via email and phone. RON Assignments: Notaries can sign up with the company’s Online Notary Network to have assignment offers directed to the Notary. View Less  Stavvy Website  Availability: See Stavvy’s online list of states. Sign-Up Costs: None for the Notary. Registration Requirements: Stavvy offers remote online notarization for real estate signings, closings, and transactions. To become a remote Notary on the Stavvy platform, you must be referred directly by an approved company you are already working with that is using Stavvy. Electronic Tools: Notaries are required to obtain a digital certificate from IdenTrust. RON Assignments: See “Registration Requirements” above.

Webcam Notarizations: Redefining Personal Presence Or Opening The Door To Fraud? Webcam notarizations have become the hot-button, Notary issue of the 21st century. The debate started five years ago when Virginia enacted controversial legislation that permitted notarizations to be performed using webcam technology over the internet. The move sent shockwaves through the industry. The process seemed to violate the most essential element of any notarization: that the signer physically appears in the presence of the Notary at the time of the notarization. But since that tumultuous time in 2011, the atmosphere surrounding webcam notarizations has gradually begun to change. Last year, Montana became the second state to authorize webcam notarizations, and others are testing the waters. Still, the movement toward webcam notarizations remains in its infancy. There are only 127 Notaries in Virginia authorized to perform webcam notarizations for signers anywhere in the world. (Update 6-21-19: As of June 2019, several more states have authorized remote online notarizations in their laws.) And many regulators, business entities and Notaries remain leery, fearing the potential for fraud. To date there are many unanswered questions: Is it wise to redefine what it means to personally appear before a Notary? How will audio-video technology affect a Notary’s ability to properly identify signers and determine their willingness and awareness? How will it affect their ability to detect potential warning signs of fraud? How secure and reliable is the technology? Identifying Signers Via Webcam The heart of the debate lies in the question, can Notaries carry out their essential, fraud-fighting duties via webcam technology as well as, or better than, in person? “From my experience, a webcam notarization provides superior evidence of signer’s identity, willingness and awareness to sign and the fact that they did sign,” said Timothy Reiniger, Director of the Digital Services Group of Virginia-based FutureLaw. To its credit, Virginia recognized that forgeries could easily be perpetrated if it allowed an individual appearing before a Notary by webcam to hold up a paper identification card to the camera as proof of identity. Clearly, a more secure method of identifying signers for these notarizations was needed. While Virginia eNotaries are permitted to use personal knowledge and credible identifying witnesses to verify a signer’s identity, a new method allowed under the law is “knowledge-based authentication”, or KBA, which is used by many companies offering webcam notarizations. With a KBA, an individual usually provides their Social Security number, which is used by an identity services provider to compile challenge-response questions from various credit bureau databases. The individual is then asked to answer at least five questions related to their personal histories that only they would know, and they must answer a certain number of them correctly within a short period of time. If they fail, another set of questions is randomly generated. If they fail a second time, the Notary refuses to perform the notarization. “The KBA process required by Virginia law is considered to be highly secure,” said Pem Guerry, Executive Vice President of SIGNiX, a company offering webcam notarizations. “These are not questions anyone can research, like ‘what is your mother’s maiden name.’” But not everyone is in favor of KBA, as it has certain limitations. “There are serious questions about the veracity of KBA,” said Ozie Stallworth, Electronic Notarization Analyst and Director for the North Carolina Secretary of State’s Office, noting that hackers have breached many databases that supply information to KBA systems. KBA is widely used by government agencies to verify people’s identities. For example, 48 states use a company called VitalChek to process online requests for copies of vital records, such as birth certificates. And VitalChek relies on knowledge-based authentication to identify customers. KBA systems, however, are only useful for identifying residents of the U.S., Canada and some European countries with established credit histories. KBA is not able to ID other foreign citizens and many young adults who lack credit histories. Determining Willingness And Awareness As difficult as it is to verify the identity of a signer, determining their willingness and awareness is arguably harder because of the limitations of what can be seen on camera. The essential argument is that being in the physical presence of a signer makes it easier for the Notary to pick up signs that something is amiss. This is a particularly sensitive subject given the ongoing problem of elder financial abuse, where relatives or caregivers are pressuring or even tricking the signer. While Notaries are not expected to be experts in detecting abuse, they are expected to make a layperson’s common-sense judgment. Proponents argue that the webcam exchange readily allows a Notary to assess the signer’s willingness and awareness. Any advantage lost by not being in the physical presence of the signer is more than made up for by the fact that Notaries are required to keep a recording of the notarization — for five years in Virginia and 10 in Montana. “If there is a dispute later, people can look at the recording and confirm the Notary’s assessment,” Reiniger said. Reiniger added, however, that some best practices may need to be developed for webcam notarizations to help Notaries improve their ability to spot signs of duress or undue influence. Living Up To The Hype For webcam notarization to bring the same level of trust and reliability that an in-person notarization has, the technology behind it must be reliable and secure. Virginia is trying to establish that trust by requiring that webcam notarization technology meet the same security standards used by the state’s criminal courts. One of the reasons webcam notarization is gaining traction is the “vast improvement of the devices people can use and capabilities of those devices to do business,” Reiniger said. As for security, proponents place enormous trust in the video recording Notaries are currently required to keep. “Studies have shown that one of the strongest deterrents to identity theft is to record the transaction,” said Adam Pase, Chief Operating Officer of Notarize. Stallworth pointed out, however, that the technology currently exists to manipulate a video of another person. He pointed to a recent YouTube video that showed a young man manipulating an image of former President George W. Bush. The result was somewhat awkward and clumsy at points, but it’s not hard to imagine how much better it will be in a few years. “When you talk about the explosion of cybercrime, criminals are always a step or two ahead,” Stallworth said. “Every time you do sensitive transactions online, you add some risk,” acknowledged Guerry. “One of the advantages of our technology is the secure protection of data, digital identities and notarized documents.” Why Now? The movement toward webcam notarization took root in 2011, when Virginia passed a law allowing its Notaries to satisfy the personal appearance requirement via online video-conference technology. A Virginia electronic Notary is allowed to notarize documents for anyone anywhere in the world. A Webcam Notary Explains The Business John Kenneth Cole was one of the first Notaries in Virginia to perform webcam notarizations. Here are his thoughts about this new technology. ​ After Virginia passed its law, many states, including California, Colorado, New Jersey, Oklahoma, Oregon, Ohio and Wisconsin, issued public statements that webcam notarizations are prohibited and signers are still required to physically appear before Notaries. Iowa went even farther. A 2013 law included a provision that notarizations performed in another state would only be recognized in Iowa if the signer physically appeared before the Notary or notarial officer. In West Virginia, a new law explicitly states an individual does not appear personally if the appearance is by video or audio technology. (Update 6-21-19: Iowa, Ohio and Oklahoma have now enacted laws authorizing remote online notarizations.) But momentum for webcam notarizations shifted last year when Montana became the second state to allow them — although in a more limited form. Then Florida enacted a law allowing certain law enforcement and correctional officers to administer oaths using electronic means. And the Louisiana legislature passed a resolution to study eNotarization, including the use of audio-video technology. Two other states – Texas and Maryland – introduced webcam eNotarization bills, but they failed. (Update 6-21-19: Florida, Montana, Maryland and Texas have now enacted remote notarization laws.) As a result of these actions, the Uniform Law Commission — a non-partisan organization of attorneys — is preparing an update to its Revised Uniform Law on Notarial Acts (RULONA) for approval this July that includes provisions allowing webcam notarizations for individuals residing outside of the United States. In April this year, the National Association of Secretaries of State established a task force to examine the issues and policies surrounding webcam notarizations. “In addition to reviewing the merits of physical presence versus virtual presence, state policymakers must also address the potential validity and interstate recognition of remotely e-notarized documents,” said Kentucky Secretary of State Alison Lundergan Grimes, who also serves as task force co-chair. Predicting The Future For Webcam Notarizations So what does all this mean for Notaries? How soon, if at all, will webcam notarizations become widely accepted? Will your services be more in demand or less? Who will it affect more: mobile Notaries or office Notaries? There’s no clear answer. What is clear is that the technology isn’t exactly taking off yet. Virginia currently has only 127 commissioned electronic Notaries — out of an estimated Notary population of 114,000. But the technology is here, and the initiatives of NASS and the ULC suggest that it is being taken seriously. Webcam notarization could be hugely convenient and potentially much cheaper for businesses. Companies that need a large number of documents notarized could use it to consolidate their operations. Some companies might even outsource their notarial needs to remote Notary call centers. Webcam notarization could also open up new opportunities for self-employed Notaries. John Cole, one of the first Virginia Notaries to start performing remote notarizations, discovered there’s a sizeable demand for webcam Notary services among U.S. citizens abroad. Of course, self-employed Notaries may have to change their business model. There won’t be travel fees, but there also won’t be travel expenses. And if every document is in digital form, there won’t be printing costs. But there will be the expense of storing all the data. Currently, the fees Virginia Notaries can earn for a webcam notarization range from as little as $5 — depending on the company they work with — to $25, the maximum allowed under state law. Perhaps the biggest obstacle facing the growth of this technology is its acceptance by mortgage lenders and government regulators of the lending industry. Without guidance from the Federal Housing Finance Agency and the U.S. Department of Housing and Urban Development, mortgage lenders are afraid that they will be unable to sell their loans to the secondary mortgage market, said Kathleen Murphy, President and CEO of the Maryland Bankers Association, testifying before a Maryland legislative committee considering a webcam notarization bill this year. The hesitation over using webcam notarizations for mortgages demonstrates just how touchy and complex this issue is. In the next year the National Notary Association will publish its first standalone Model eNotarization Act, which will include an in-depth chapter on webcam eNotarizations. A panel of experts including state, federal and industry officials, as well as Notaries, have joined the MeNA review committee to help establish these standards. “We are putting a lot of focus on this section because of the seriousness of the issues that need to be resolved,” said NNA President and Chief Executive Officer Tom Heymann. “We believe the standards we are establishing, with the help of the review committee, will create a foundation for secure webcam eNotarization systems that everyone can trust. LOVE

Understanding Notary technology: eSeals, eSignatures and digital certificates Notarization used to be simple: the signer appears before the Notary with a signed paper document; the Notary identifies the signer; the Notary completes the notarization, signs with an ink pen and affixes a physical seal impression. It’s not that simple anymore. Today, Notaries in many states are authorized to notarize electronic documents, sign with a signature pad or by clicking a button on a computer screen. Notarizations can not only be done without paper (aka “In Person Electronic Notarizations” or “iPEN”), but states permitting remote online notarization (aka “RON”) even authorize the Notary and signer to interact remotely while hundreds or even thousands of miles apart. As technology plays an increasingly important role in notarizations, many states are requiring Notaries to obtain and use electronic signatures, electronic seals and digital certificates in order to perform iPENs or RONs. But if you aren’t deeply versed in tech-speak, understanding what these different tools do, how to use them and how to make sure they comply with your state’s Notary laws can be extremely confusing. In this article, we’ll look at three tools used for paperless notarizations — electronic seals, electronic signatures, and digital certificates — explain what they do and answer some of the most confusing questions they raise for Notaries. Electronic Notary seals Of these three types of electronic tools, an electronic seal is perhaps the easiest to understand. Basically, an electronic seal serves the same purpose for electronic documents that an ink seal or embosser does for paper — it shows the document was notarized and provides information about the Notary who did it. Depending on individual state laws, an electronic seal could take different forms. It might be an electronic image such as a JPEG, PDF or other file format. But in general, the seal must include similar information to a physical seal. When a notarized electronic document is opened, information about the Notary contained in the electronic seal should be readily visible to the person viewing the document. “What we specify is that the electronic seal must look virtually the same as a tangible, physical seal when viewing an electronic document,” said Lori Hamm, Notary Program Specialist with the Montana Secretary of State’s office. Hamm added that Montana lawmakers wanted to make sure that anyone viewing a notarized electronic document could easily see that the document has been notarized. Just as with traditional seals, a Notary must take steps to secure the seal and make sure no one else can access and use the seal without the Notary’s knowledge. Some Notaries keep their eSeal stored on an approved technology platform’s server accessible only with the correct password. Others might choose to store the seal on their personal computer’s hard drive. However the eSeal is stored, it needs to be protected. “Electronic seals follow the same rules and guidelines as physical seals in terms of issuing and securing them,” Hamm said. Notaries and electronic signatures Just as an electronic seal is the equivalent of a physical ink stamp or embosser, an electronic signature serves the same function as the Notary’s handwritten signature. An electronic signature can take many forms — an image of a handwritten signature affixed to the document, a signature created by writing on an electronic signing pad or even just clicking an “Accept” button on a computer screen. “It’s easiest if you think about what Notaries do in the paper world first. The same logic applies to the electronic means for performing a notarization,” said Tim Reiniger, an expert on information governance law and policy and the director of Timothy Reiniger LLC in Cape Elizabeth, Maine. Just as a handwritten signature and physical seal indicate that a traditional pen and paper notarization was completed and legally establish the genuineness of the underlying document, when an electronic document is opened, the recipient sees the Notary’s electronic signature and seal information attached to the document and knows it can be legally relied upon in court or for government filing purposes. However, a significant difference between paper documents and electronic documents is that it is much easier for someone to alter an electronic document undetected. An eDocument’s text can be changed in seconds, and many people even have the capability to alter, add or remove images from an eDocument easily using software widely available to the public. So how can someone know if a notarized electronic document has been tampered with? That’s where digital certificates come in. Notaries and digital certificates Digital certificates are perhaps the most important — and most confusing — tool used for electronic notarizations. A digital certificate doesn’t have a true equivalent in the traditional world of paper notarizations. Despite the name, a digital certificate has nothing to do with Notary certificate wording. Though digital certificates are sometimes called “digital signatures” they are different from the electronic signatures described above. A digital certificate performs two key functions — it verifies the identity of the Notary who affixed the electronic signature and seal on the notarized document, and it makes the document “tamper-evident.” Once a digital certificate is applied, if anyone attempts to alter the document’s contents, the Notary’s electronic signature, or the Notary’s electronic seal, the document will clearly indicate to anyone that opens it that changes have been made since the notarization was completed. A digital certificate is normally the last tool used when notarizing an electronic document, after the Notary’s electronic seal and signature are applied. “People often think everything related to a document is visual, but a digital certificate is not,” said Darcy Mayer, chief technology officer for DocVerify, a remote online notarization technology provider. “It’s the cryptographic portion of a document that’s there, but not visible.” Digital certificates are normally issued by a trusted issuing authority for a limited period of time and must be periodically renewed over a period ranging from 1 to 5 years. For example, digital certificates sold by the NNA are renewed either after 1 year or 3 years, which is standard for the ID technology industry, and meets the requirements for all states that authorize RON. If a Notary needs a digital certificate to perform iPEN or RON notarizations, the Notary can obtain a digital certificate directly from the trusted issuing authority. Notaries can also obtain digital certificates through authorized vendors such as the NNA or through remote notarization technology providers such as DocVerify, which provides and maintains digital certificates for Notaries who use their platform to perform remote online notarizations. “In our case, we (DocVerify) take on the onus and maintain the digital certificate securely with password protected access for the Notary,” Mayer said. “Our employees can’t access or decrypt the files. We take on the responsibility to secure it for the Notary.” While it’s possible for a Notary to obtain more than one digital certificate, Mayer said a single digital certificate can be used across multiple notarization technology platforms, so it’s simpler and more secure for a Notary to use only one. Also, some states, such as Texas, require Notaries to upload their digital certificate to a state web portal so officials can verify it, and only one digital certificate can be associated with each remote Notary commission application, said Robert Sumners, director of Government Filings with the Texas Secretary of State’s office. Remote online notarization is still evolving in many states, and therefore the requirements for using digital certificates and other technology for iPEN or RON may change in the future. But for now, if Notaries have questions they can contact the NNA, their state Notary agency or a technology provider they are signed up with for assistance. LOVE

For the most part, the process of performing a remote online notarization is the same as performing an in-person, paper notarization. One of the biggest differences between the two types of notarizations is the tools used. Gain a better understanding of the digital tools used during a remote notarization.

eNotarization, RON, eSignatures and eClosings: What's the difference? There is a lot of confusion about electronic notarizations, electronic signatures, remote online notarization (RON) and how they differ. Here are basic definitions of these terms to help clarify the differences between terms and processes. Electronic Signatures Any time you make a purchase with a credit card and are asked to sign a digital pad, or type your PIN to get money out of your bank’s ATM machine, you’re using an electronic signature or eSignature. Anytime you make a purchase on the internet and click the “submit order” button, you are electronically signing a purchase agreement. Electronic signatures have become commonplace in the retail world, and they also are becoming commonplace in larger transactions, such as making an offer on a home purchase. eSignatures can be made in a number of different ways, but they are considered as legally valid as a signature on a paper document (often called a “wet” signature). Electronic Notarization Electronic notarization, or eNotarization, is essentially the same as a paper notarization except the document being notarized is in digital form, and the Notary signs with an electronic signature. Depending upon state law, the information in the Notary’s seal may be placed on the electronic document as a graphic image or other available means. But all other elements of a traditional, paper notarization remain, including the requirement for the signer to physically appear before the Notary. Remote Online Notarization (RON) Many people confuse eNotarization with remote online notarization, believing they are the same. They are not. Remote online notarizations (sometimes called "webcam notarizations") make use of video and audio technology on the internet to allow signers to appear before and communicate with the Notary in real time during the notarization. With traditional notarizations, the signer is in the Notary’s physical presence. 25 states have enacted permanent remote online notarization laws. During the COVID-19 emergency, many other states have issued emergency remote notarization rules temporarily authorized Notaries to perform RON or other types of remote notarization as an alternative to face-to-face contact during the pandemic. eClosing An eClosing or electronic closing is a mortgage closing in which all the documents remain in digital form. They are signed, notarized and returned to the title company or lender in digital form, and nothing is printed out. An eClosing can be conducted with the borrowers and Notary in each other’s physical presence or online using video-audio technology. Online Closing An online closing is an electronic closing that is conducted online without the borrower and Notary being in each other’s physical presence. The personal appearance requirement for the notarization is satisfied via the internet using webcam technology. iClose iClose is a web-based closing system offered by one settlement services provider. With this system, the borrower physically appears before a Notary to sign a limited power of attorney (LPOA) in paper form. The LPOA allows a representative of the title company or lender to sign the borrower’s mortgage documents. Typically, the borrower will then log onto the iClose system to review and approve the loan documents using an electronic signature. The title company or lender representative signs all paper documents in the closing package, including the Mortgage or Deed of Trust, and a title company or lender Notary notarizes the representative’s signature. LOVE

Using a remote online notarization vendor vs. setting up your own RON system: 3 tips Updated 11-23-21. When you're ready to perform remote online notarizations, there are two choices getting started. Many Notaries sign up with a RON vendor who will provide any required software and tools for online notarization. Some prefer to independently purchase their own identification, remote notarization, and recordkeeping solutions without relying on a vendor. Which choice is best for you? The answer depends on three important factors. 1. Some states require the use of approved RON vendors. Some state RON laws require Notaries to use a RON vendor. In states such as Indiana and Michigan, Notaries must use a RON vendor chosen from an approved list. Florida Notaries must use a RON vendor compliant with state law, but the state does not recommend or endorse specific companies. In these states, you can't set up your own independent RON system. Other states may allow Notaries more flexibility to choose. In Texas, for example, Notaries may sign up with a RON vendor or use their own RON system. However, if you decide to go independent, remember you can't just start making video calls and performing RONs however you want to. Any system you use for remote online notarization must meet all your state's requirements. 2. RON vendors are an easy way to get started — but have additional costs. The advantage of using a RON vendor is that it allows "one-stop shopping" for Notaries starting remote online notarization services. Vendors typically set up any RON necessities for the Notary in one package, such as: Identify verification software. Electronic signature systems. Secure storage for video recordings of remote online notarizations. Some vendors also will provide Notaries with digital certificates, electronic seals, or training and tech support for their platform, which can be very helpful for Notaries who have little or no experience with RON or electronic documents. A RON vendor's platform is designed to be user-friendly while obeying all state RON laws, said Joshua Curry, Customer Success Manager for SIGNiX. At the same time, this convenience comes with additional costs. RON vendors typically charge fees for using their services and some may require the Notary to split a portion of their notarization fees with the vendor. Another factor that can affect choosing a vendor is high demand due to COVID-19. Nationwide use of RON has skyrocketed this year due to pandemic safety concerns. Some Notaries have told the NNA they experienced delays signing up with vendors in some states due to the large number of new Notaries applying to perform RONs. Because of this, if you want to use a RON vendor, you may wish to allow extra time for possible delays getting started, depending on local demand. 3. Setting up your own RON system may save money — but requires extra skill and responsibility Phyllis Traylor of San Antonio, Texas, wanted her own state-compliant personal RON system. She found an identity-proofing service to identify her signers remotely, purchased her own digital certificate and uses Adobe software to electronically sign documents. All this required researching and purchasing different products and setting everything up herself, but Traylor said it significantly reduced her startup costs. "I probably would have paid 3 times as much to join a RON vendor," she said. At the same time, she acknowledged that setting up her own system took more time and effort, and may not be an ideal choice for Notaries lacking experience with software installation and other tech skills. "You need to be at least somewhat tech-savvy. Not an IT professional, but you must be comfortable working with technology," said Traylor, who said her experience teaching courses in Adobe and Microsoft business software at local colleges helped her find the right technology solutions. "If you want to set up your own system, you need to understand the requirements for RON in your particular state and make sure you meet those state requirements," she added. Final thoughts Whatever path you choose to set yourself up as a RON, always be sure you comply with all state laws, protect the privacy of your signer's documents and ensure all your remote online notarizations are properly performed. If you need assistance, the NNA has state-specific RON information available to help you. LOVE

How to prevent fraud as a Remote Online Notary As impartial, trusted witnesses, Notaries Public are a major line of defense against fraud. So it makes sense that they would also play a role in preventing fraud in the growing world of remote online notarizations (RON), according to Notary expert and experienced remote Notary Dushunna Scott. Due to the global COVID-19 crisis, business transactions increasingly have moved online at an unprecedented pace, but greater opportunities to conduct legitimate business online have also opened the doors to scammers hoping to take advantage of untested platforms and security lapses, Scott said in a NNA 2020 Online video presentation. One of the key elements of remote notarization is that the entire transaction is video recorded. You still can help prevent fraud as a remote online Notary by scrupulously following all of the old rules (paying special attention to verifying ID). Only with RON, you follow the rules using technology and new protocols for recording the encounter via video, keeping tabs on people in the background and keeping your digital credentials safe from those who seek to steal them, Scott said. Verify identity As part of the remote notarization, the signer may be required to verify their identity through 1 of 2 technology methods: Knowledge-based authentication (KBA), which requires the signer to answer a series of computer-generated questions based on their personal history, credit and financial information. Credential analysis, which uses technology to verify the information on a signer’s ID. However, Scott said you should still personally check the identification document. Have the signer hold it up to the camera. Then look carefully at it. As usual, ensure the ID matches the name on the document, and do not accept expired IDs unless your state allows this. You also want to check your state’s laws on the types of identification allowed and which types of discrepancies are permitted, such as a middle initial instead of a full middle name. Know who is in the background While the entire transaction will be recorded, you can only record what the camera sees. Others might be in the background or standing off to the side, influencing or coercing the signer to take part in a transaction they don’t understand or approve, Scott said. It’s up to the Notary to monitor the environment. Look to see if the signer’s eyes shift to the left or right as though they’re consulting another person before doing something. Also listen for other voices in the background, she said. Ask questions if you suspect fraud, such as “Are you signing this of your own free will?” Use your judgment to consider whether the encounter feels forced or suspicious. Common mistakes When dealing with newer technology, some folks may be more comfortable letting savvy friends or relatives do the signing, but don’t let them. Each signer must put his or her own signature on the document. Scott also said she has seen Notaries put their digital seal on their websites as an advertisement for their business, but this is particularly dangerous. Anyone could steal the e-seal’s information and use it. She also advised that Notaries understand which documents may be remotely notarized and which may not — some documents still must be signed in person due to various state laws. If someone requests something you know is prohibited, that’s an immediate red flag. “Vigilance is key,” Scott said. “Practices change every day; stay on top of your game.” LOVE

How do you identify signers for a remote online notarization Updated 4-20-21. When it comes to remote online notarization (RON), there is one question Notaries ask more than any other: How do you identify a signer who can be hundreds or even thousands of miles away while the notarization takes place? The answer depends on your state's laws — and the technology platform being used to perform the notarization. Can traditional identification be used for RON? Many states that have permanent RON statutes and rules allow Notaries to identify a remote document signer using two traditional methods of identification used in paper notarizations and one new method unique to RON. These methods are personal knowledge, a credible witness, or a multi-part identity verification process. Some states such as Kentucky, Michigan, Nevada and Virginia allow Notaries to use personal knowledge to identify a signer during a remote online notarization. Kentucky and Michigan also allow a RON signer to be identified by a credible identifying witness. In Michigan, the credible witness must personally know both the Notary and the signer (MCL 55.285[6]). While personal knowledge and a credible witness may be used to verify the identity of a signer for a RON in many states, these states typically do not allow a signer to produce the third, most-used type of traditional identification in paper notarizations: a single identification card or credential. Instead of allowing the signer to be identified by simply showing their driver's license or passport, these states require the signer to pass a multi-part identity verification process. In some states, this is called "identity proofing." RON identification process Since most experts believe it is inherently insecure to allow a signer to be identified for a RON merely by flashing an identification card on camera, many states have devised an alternative process to verify a signer's identity that is aimed mitigating the risk of imposters standing in during a remote notarization. Some states that permit RONs require the signer to successfully pass all three of the steps described below while others require a minimum of two. Remote ID presentation For a remote ID presentation, the signer must show an identification document to the Notary on camera so the Notary can read the information on the ID. The ID presented to the Notary must meet state law requirements — for example, Florida law states that the signer must remotely present a government issued identification credential to the Notary (FS 117.265[4]). Remote ID presentation mirrors the traditional means of a signer showing their ID to the Notary for a paper notarization, but as we will see the process doesn't stop there. Credential analysis For a credential analysis, the RON technology platform will use an automated process with sophisticated algorithms to verify the security elements and information on the ID presented by the signer during remote ID presentation. The Notary will request the signer to allow the system to take a picture of the signer's ID and transfer the image for credential analysis. If all information and security elements are present, the ID will pass. The credential analysis must comply with state standards — for example, in Texas any credential process used by a Notary for RON must be approved by the Secretary of State's office (GC 406.101[1] and 1 TAC 87.1[2]). Before you choose a RON provider, you should confirm their system meets your state's RON requirements. Knowledge-based authentication Knowledge-based authentication (KBA) requires the signer to answer a series of computer-generated questions based on the signer's personal history, credit and financial information. These are questions only the signer reasonably could be expected to know. For example, the signer might be asked to identify among 5 choices their mortgage balance at the end of last month or an address where they have lived. The signer must correctly answer a certain number of these questions in order to be positively identified. For example, in Utah, a signer requesting a RON must correctly answer a minimum of 4 out of 5 KBA questions (80%) in under 2 minutes. Each question must have at least 5 possible answers (UAC R623-100-5[C]). If the signer fails the first test, the signer may retake the KBA twice within 48 hours, and each of the retakes must replace 2 of the 5 questions in the previous exam. If the signer fails the second retake, the Notary must not perform the RON. Emergency RON ID requirements In response to the COVID-19 pandemic, many states have temporary, emergency remote notarization rules with identification requirements in effect that may be different from the ones described in this article. If you are commissioned in one of these states, be sure to follow all emergency rules that are contained in your state's temporary order. Also remember that most of these emergency rules will be cancelled once the pandemic emergency is over. LOVE