The use of new technology tools for notarizations has caused confusion for many people, including Notaries. There is remote online notarization (RON), which is different from in-person electronic notarization (IPEN) or remote ink-signed notarizations (RIN). And all 3 are different from traditional, pen-and-paper notarizations.
Here’s a step-by-step look at the differences between these notarization methods. Please note that this is a general description, and specific requirements in some states may vary.
What does each type of notarization entail?
A traditional notarization is the one most Notaries are familiar with. The signer and Notary meet physically face-to-face for the Notary to notarize a handwritten signature on a paper document.
For in-person electronic notarization (IPEN), the Notary and signer still physically meet face-to-face. Instead of pen-and-paper signatures and documents, the Notary and signer use electronic signatures to sign and notarize an electronic document (often called an “electronic record” in state laws).
For a remote online notarization (RON), the Notary and signer meet remotely from different locations using audio-visual communication technology, and the notarization is typically performed remotely using electronic signatures and records.
During the COVID-19 emergency, some states authorized an alternative notarization process called Remote Ink-Signed Notarization (RIN) as an alternative to notarizing paper documents in person. Today, 7 states have permanent laws authorizing RIN notarizations. During a RIN, the signer signs a paper document while communicating live with the Notary online. The signer may be required to sign a declaration under penalty of perjury stating that the document they signed and send to the Notary is the same document and attach it to the document. The document is then sent to the Notary for notarization.
Document formatting requirements for each type of notarization
Each type of notarization (Traditional, IPEN, RON and RIN) has different document format requirements:
Traditional notarization requires a physical paper document with an original written signature in ink.
In-person electronic notarization requires an electronic record such as a PDF or Word file. The document is presented on a computer, laptop or mobile device.
Remote online notarization typically requires an electronic record as with IPEN, although some states allow paper documents to be signed and notarized using RON.
RIN requires a physical paper document with an original written signature but may also require an additional electronic copy of the document to be sent to the Notary.
Identification of the signer
Both traditional and in-person electronic notarization use the same methods for identifying signers. The signer must personally know or present satisfactory proof of identity to the Notary, typically an identification document such as a driver’s license or one or more credible witnesses who know the signer personally and can vouch for the signer’s identity, following the requirements of state Notary laws.
Remote online notarization requires signers to be identified through a combination of at least 2 identity verification methods that are tailored for the remote environment. Examples include knowledge-based authentication (KBA) where the signer must answer questions correctly about their credit history and background; credential analysis, where the signer’s ID is checked using an automated process to confirm the ID is genuine; remote presentation, where the signer presents ID to the Notary on camera so the Notary can read the information, biometrics, or a public key certificate.
For a RIN, the signer must be identified through a process approved by the state. Examples may include the Notary’s personal knowledge of the signer, remote presentation of an ID document to the Notary or the oath/affirmation of a credible witness participating in the RIN.
Notary signatures and seal
Most Notaries are familiar with the traditional notarization process in which the customer signs the paper document in pen and ink. The Notary then completes the certificate wording, signs the certificate with pen and ink and affixes their physical Notary seal.
For an IPEN, the customer signs the electronic document with an electronic signature — by clicking a mouse or writing the signature on a signature pad. The Notary then signs the notarial certificate with an electronic signature and affixes an electronic seal.
For remote notarizations on electronic documents, the customer signs the electronic document with an electronic signature. The Notary then signs the notarial certificate with an electronic signature and affixes their electronic seal.
For RIN, after communicating with the Notary online, the signer then mails, or if allowed by state law, faxes or electronically transmits the paper document to the Notary. After the Notary receives the document, the Notary prints out and performs the notarial act on the paper document, and mails (or faxes or electronically transmits, if applicable) it back to the signer.
Recording the journal entry
Depending on state laws, for traditional and IPEN notarizations the Notary completes a record of the notarization in a bound, paper journal or in some states, an electronic journal.
For remote notarizations, usually an electronic journal entry is required, and the notarization must be recorded using audiovisual technology. The Notary must securely store the recording, along with any other journal information required by state law.
For a remote ink-signed notarization, the Notary should record a journal entry for the RIN, even if not required by law. The Notary should also make a recording of the entire RIN audiovisual conference, even if not required by law, create a backup of the recording, and securely store both. Some states may have additional recordkeeping requirements.
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