Notaries need to be aware that not every “soft” or digital file should be shared with signing services or title agencies. Many times, I hear that Notaries are sending their actual files from Identrust (or other Digital Certificate Vendor) and their saved Image of their Electronic Stamp to these agencies as “proof” of RON Certification. I doubt that the hiring agency even understands that what they are asking for is not legally compliant for the Notary. By the notaries sending these digital documents they are essentially sending them their physical stamp (if we compare it to an in-person verification) as proof of their commission. Legally Notaries are to keep their stamp in their “sole control” and not share or lend it to anyone. By sending these digital files, Notaries are “sharing” their digital credentials with each one of these agencies. The digital certificate (commonly issued by Identrust) is a digital file which proves that that specific Notary signed a document. This file, when shared, can be used by a 3rd party person to commit fraud. They can upload this verification onto their own computers, gain access to the file by either cracking the password or simply telling the notary to share it with them, and now they can sign a document which will show that the Notary performed the act. They basically can sign any and all documents electronically and make it look like the Notary did it themselves! The digital image of the Notary’s physical stamp, referred to as their electronic seal, is also something that Notaries should not share! Just think of it this way, if you lost or had your physical stamp stolen it would require you to file a police report and notify the Secretary of States’ office. This electronic image is no different than that! By sharing this image, you are allowing anyone who obtains it the ability to stamp documents electronically and make it appear as though you performed the Notarization. It is imperative that if you are embarking on a path for Remote Online Notarization that you understand the risks to you when these files are sent to requesting agencies. When (If) you get a request for these digital files, explain to the requesting agency that they are the sole property of the Notary and cannot be shared due to your state law. Once they understand that these files are not part of your “proof of RON commission” files which they are actually in need of, it should clear up the confusion. There is only time which it is acceptable to upload these files to a requesting agency, and that is when you are onboarding with an Authorized Remote Online Notarization Software Platform. These software systems will need both of these files, and your encrypted password for the digital certificate in order for you to become an active user of their system.
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