Notarize It Online: Here, There, or Anywhere – Right? | WRONG!

We all hear of this wonderful aspect of online notarization and international signings; however, what we don’t hear often are the limitations set by each state law. Here are the top 5 myths about doing it all online:

1. I can sign for anyone, even if they are not a USA Citizen.

   1. False, most (almost all) RON notaries must have an unknown signer complete a quiz to prove that they are really who they state they are. It is a fact that NO Platform can pull this quiz data from any other country than the United States of America due to privacy laws. With that being said, if your signer has never lived in the USA, they will not be eligible to perform this ID Proofing requirement.

1. I’m on Vacation, and I still want to earn my income – I can, right?

   1. False, Even though we are doing this all virtually – the physical location of the Notary matters! In almost every RON state, the notary cannot be outside the borders of their physical commissioned area when performing a RON notarization (and yes, we platforms can tell, so don’t try to “hack it”, it’s not worth it!). The ONLY state which has a bit of a different spin on this is Virginia. If you are a Virginia RON – Read your laws, you have LIMITED extended powers over the rest of us!

1. The signer can be located anywhere in the world, or even on the Moon!

   1. Partially true. If your signer can validate through your required ID Proofing requirements, they can technically meet with you and sign. However, if the signer is physically located OUTSIDE of the USA at the time of signing there are other factors that come into play!!!

   2. If your signer is physically outside of the USA, then the document matters! The Document must have been Created, pertaining to, or Going to be filed and used in the USA. i. Example One: The signer is in New Zealand; they are a US Citizen on vacation. They let a family member drive their car, and it was impounded for a parking violation in Las Vegas. While we are hoping the driver won big, they are losing money every day at the impound lot. To get this car out of the impound lot they need a notarized letter from the owner who is physically in New Zealand. A. This is LEGALLY PERMITTED because the document is going to be turned into and used at the Impound Lot who is physically located within the USA. ii. Example Two: The same signer, a US Citizen, is on vacation in New Zealand and they found out a distant family member passed away in Spain. Yes, sometimes those inheritance emails are real! However, to obtain this inheritance this US Citizen needs to have document notarized and have it filed in Spain right away. A. This is NOT LEGALLY PERMITTED because the Signer is physically outside of the USA and the document is not pertaining to the USA. We as a RON Notary cannot perform this notarization. The Signer will have to consult a Notary within the country of New Zealand

iii. Example Three: A new Zealand resident is on vacation in Orlando, they find out that they have a legal issue back in New Zealand. They connect to a Florida Notary (who can legally validate a non-us citizen) and get the document signed. This is LEGALLY PERMITTED because the signer was physically within the borders of the USA at the time of signing!

1. Every agency MUST accept a document which was notarized online!

   1. False, while every STATE must recognize that a document notarized in a different state is legal, NOT ALL agencies or businesses must accept this alternative form of notarization. It is highly possible that a business will reject a notarization done online and tell the signer to get it done the old-fashioned way. While this is irritating, there is nothing we can do about it except spread awareness over the increased safety of online notarization process.

1. It doesn’t matter what you need done, we can do it online (so long as the other 4 myths don’t interfere)

   1. False! While many states don’t limit the notary act online – quite a few of them do. If the notary law doesn’t sometime even the probate laws do! Always refer to your own state laws before performing an online notary act! i. Example:

      1. Ohio – No RON Depositions

      2. Maryland – No RON Trusts

      3. Alabama – No RIN Election Documents

      4. Louisiana – I’m not even touching the list of restricted notary acts!!!

      5. North Carolina – Even worse than Louisiana!!!!

         1. There are more limits than this by state, refer to your state laws for exact details.

In closing, we all believe that this online notarization aspect opens the doors to every corridor in the business market; however, the harsh reality is IT DOES NOT! Do not “ass-u-me” that you can just do it online. Protect yourself, protect your client, and be the best Online Notary you can be by doing your own research to know where you stand with each of these myths of the market!