Millions of Americans serve as Notaries Public to protect consumers from fraud and identity theft. In fact, they are in such high demand by businesses, industries and private individuals that there is one Notary for every 72 people in the country. While being a Notary might seem mundane, they witness and authenticate the signing of our most important transactions: mortgage documents, powers of attorney, contracts, adoption papers, advance medical directives and other dealings central to our lives and the economy. It's also a great way to earn extra income working from home or improve your resume and career. Here are the top five reasons why you should consider becoming a Notary Public. Make Additional Income While Notaries are appointed by their states and serve as public officials, they charge their clients directly and the revenue is theirs to keep. That's why tens of thousands of people hit the streets as "mobile Notaries" in their communities. Most states regulate how much a Notary can charge for an individual notarization (for example, $15 in California and $10 in Florida), but many clients often need more than one signature notarized. You're also allowed to charge additional fees for items such as travel, supplies and other expenses. Additional Resources: 22 Ways To Make Money As A Notary Become a Notary Signing Agent If you like the idea of being a Notary to make additional income, becoming a Notary Signing Agent is right up your alley. An NSA is a trained and certified professional that handles the notarization of loan documents in real estate closings. For the mortgage finance industry, NSAs serve as the critical final link between the banks and the borrower to complete the loan. They are hired directly by title companies and signing services as independent contractors to ensure that real estate loan documents are signed by the borrower, notarized, and returned for processing. Notaries make a considerable amount of extra income from this line of mortgage finance work, in addition to their work as a mobile Notary. Additional Resources: By Fluke And Design: How 3 Notaries Built Thriving Businesses Improve Your Resume/Skillset Notaries are in high demand in a variety of industries, including banking, finance, medical, legal, government, insurance, technology … the list goes on. In fact, just about every industry uses the services of Notaries, so becoming one will add to your marketable skill sets, improve your resume and increase your value as an employee. In the workplace, Notaries serve two general functions: Notarizing documents in the back office for co-workers and bosses or notarizing for customers in a bank or their local photocopy and shipping shop. Many employers value employees with Notary skills to handle their document authentication needs and provide customers with top-notch service. Additional Resources: Notarizing On The Job: What You And Your Boss Need To Know Enjoy a Flexible Schedule If you choose the mobile Notary/Notary Signing Agent route, you will have the flexibility to set your own hours. It's a perfect line of work for home-based entrepreneurs, moonlighters, stay-at-home parents (who can do mobile notarizations in the evening) or anyone looking to make some additional income. Many people who need notarizations request them after normal business hours, so you can make the most of your evenings, or arrange a time that's right for you. Additional Resources: Alternate Income Opportunities Help Your Community America's Notaries Public are known for their spirit of helping those in need. If you are the type of person who enjoys giving back to your community, being a Notary is a great way to support that passion. Many types of people need notarization services but cannot afford them, like the elderly, homeless, disabled and college students. These groups typically need notarizations for powers of attorney, residency affidavits, advance medical directives, college transcripts and enrollment verifications. Notaries often hold events at community centers, retirement homes and campuses to provide free or low-cost notarizations. It's also a great way to network and market yourself for paying clients. Additional Resources: Serving Others One Notarization At A Time If any of the above scenarios sound intriguing to you, you're definitely the kind of person who should become a Notary Public. Get familiar with the qualifications and requirements and get started with your application today!

A Notary Public is an official of integrity appointed by state government — typically by the secretary of state — to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents. These official acts are called notarizations, or notarial acts. Notaries are publicly commissioned as "ministerial" officials, meaning that they are expected to follow written rules without the exercise of significant personal discretion, as would otherwise be the case with a "judicial" official. What does a Notary do? A Notary's duty is to screen the signers of important documents for their true identity, their willingness to sign without duress or intimidation, and their awareness of the contents of the document or transaction. Some notarizations also require the Notary to put the signer under an oath, declaring under penalty of perjury that the information contained in a document is true and correct. Property deeds, wills and powers of attorney are examples of documents that commonly require a Notary. Impartiality is the foundation of the Notary's public trust. They are duty-bound not to act in situations where they have a personal interest. The public trusts that the Notary's screening tasks have not been corrupted by self-interest. And impartiality dictates that a Notary never refuse to serve a person due to race, nationality, religion, politics, sexual orientation or status as a non-customer. As official representatives of the state, Notaries Public certify the proper execution of many of the life-changing documents of private citizens — whether those diverse transactions convey real estate, grant powers of attorney, establish a prenuptial agreement, or perform the multitude of other activities that enable our civil society to function. Why are Notaries and notarizations necessary? Through the process of notarization, Notaries deter fraud and establish that the signer knows what document they're signing and that they're a willing participant in the transaction. How does a Notary identify a signer? Generally, a Notary will ask to see a current ID that has a photo, physical description and signature. Acceptable IDs usually include a driver's license or passport. What a Notary is Not Unlike Notaries in foreign countries, a U.S. Notary Public is not an attorney, judge or high-ranking official. A U.S. Notary is not the same as a Notario Publico and these differences can be confusing for immigrants when they approach Notaries in this country. Notaries in the United States should be very clear about what they can or cannot do to serve immigrants the right way and steer clear of notario issues. Becoming a Notary Public You can become a Notary in your state if you meet the eligibility requirements and follow all of the steps your state includes in their commissioning process. The process varies from state to state, but generally, you would fill out an application, pay the state's application fee, take a training course or pass an exam, file your bond and oath of office, and buy your Notary supplies.

In our global society, Notaries are increasingly asked to notarize documents written in foreign languages they cannot read. Generally, state laws do not expressly prohibit the Notary from notarizing a document that is not in the English language. However, depending on the circumstances, it may be inadvisable to notarize such foreign-language documents. The danger, of course, is that the document is being misrepresented to the Notary. For any non-English document, the best option is to refer the signer to a Notary who reads and writes the language of the document. If that is not possible, the Notary should only proceed if the notarial certificate itself is in English or another language the Notary reads and writes. If the Notary cannot read the certificate wording being used in the notarization, the Notary has no way of knowing how to correctly fill out the certificate or even knowing if it’s an act the Notary may legally perform. It is important that the signer and the Notary be able to communicate in the same language without reliance on a third party who, intentionally or unintentionally, may interpret the conversation incorrectly. A Notary cannot know if a third-party interpreter — even when it’s a trusted attorney or employee at the Notary’s firm — is correctly relaying the signer’s intent. The signer and Notary must be able to directly communicate and understand each other in the same language. Only one state, Arizona, expressly authorizes a Notary to rely on an interpreter in discerning the intent of the signer.

Notarizing documents from foreign countries is often confusing for Notaries. Here we'll answer some general questions and provide you with additional helpful information for working with international notarizations. Is The Notarization Permitted? Notaries in most countries perform very different duties compared to their counterparts in the United States. Foreign Notaries who have powers similar to similar to attorneys and are authorized to advise and prepare documents for clients. However, U.S. Notaries have more limited authority, and may not advise or prepare documents for clients. The confusion occurs when people from other countries ask U.S. Notaries to perform official acts that are not permitted under state law. One common example is when a Notary is asked to certify that a foreign citizen residing in the U.S. is still alive in order to collect an overseas pension. Only the state of Montana explicitly authorize Notaries to certify these “proof of life" certificates. This often confuses signers who have been directed by foreign government agencies to take their life certificate to a U.S. Notary. If you are asked to perform a notarization on an international document, find out first if your state permits it. You can contact your state Notary regulating agency. Members also can contact the NNA Hotline. What If The Document Is In A Foreign Language? International transactions often involve documents drafted in a language you can't read. Is this a deal-breaker? As a general rule in most states, you may notarize a document written in a foreign language as long as the notarial certificate is in English or a language you can read. You’ll need to check your state’s laws and guidelines for specific guidance. That said, it’s safer and generally more advisable to refer the signer to a Notary who can read the foreign language. It's also a recommended practice to have a signer sign the document using characters or a language you can read and understand since the signed name could be different than what you are told. Do Notaries Issue ‘Apostilles’? If you’ve ever been asked to notarize a document sent to another country, your signer also may have asked you about obtaining an apostille to authenticate this document. An apostille is a certificate authenticating the signature and seal of the officer performing the notarization on a document being sent between countries that have ratified The HCCH Apostille Convention. Basically, an apostille confirms to the document’s recipient that the individual who notarized the document had a valid commission at the time the document was notarized. Without an apostille attached, a document sent between countries must go through a much lengthier authentication process by several different agencies in order to be accepted. Many people mistakenly believe that apostilles are issued directly by Notaries. Only an authorized authority under the HCCH Apostille Convention (also known as "The Hague Convention") — typically the Secretary of State’s office or other Notary-regulating agency — is authorized to issue apostilles. If a signer asks for an apostille, they will have to submit the document to the appropriate authority, which will typically process and attach an apostille to the notarized document for a fee. Some signers may ask if you can courier their document to the Secretary of State's or appropriate officials office to obtain the apostille/certificate of authority for them. Notaries who live in areas with access to the appropriate office sometimes offer this service for an additional fee. Are There Any Other Alternatives? If it turns out you can’t notarize an international document, the signer may have other options. Embassy and consular staff are authorized to notarize documents being sent to their home countries. If a foreign country requests a notarial act for a signer’s document that a U.S. Notary isn’t authorized to perform, the signer can contact that country’s local consulate or embassy for assistance.

Mobile Notaries across the country constantly look for ways to grow their business. One of the ways they do this is by adding services. One of the new services they can add are apostille services. This service fits nicely with a Notary business because customers often ask Notaries to provide apostilles. While Notaries cannot issue apostilles — only an authorized state agency can do so — you can earn extra income by assisting customers in getting their documents in the correct form to be accepted by the agency that issues apostilles. There are a number of elements you need to understand as you consider adding this service to your business: What is an apostille? What is an apostille agent? What are Some of the Functions of an apostille agent? How much can I charge for apostille services? What are the benefits of becoming an apostille agent? Important facts about obtaining apostilles What is an ‘apostille’? In the modern world, countless documents are signed and sent between countries, many of them notarized or including the signature of some other public official. The challenge for individuals receiving the documents is knowing whether the Notary’s signature is legitimate. An apostille is a certificate issued by a government agency verifying the authenticity of the signature of a Notary Public or other public official. In other words, an apostille confirms that the seal and signature of the Notary on a document is valid, and the notarization can be accepted by the receiving agency in the foreign country. They are specifically used for documents going to the 156 countries that are signatories to the Hague Apostille Convention. Documents sent to countries that are not part of the Hague Convention may require additional certification from the U.S. Department of State. What is an ‘apostille’ agent? An apostille agent assists for customers in obtaining apostilles or authentications. However, it’s important to make one thing clear: You (the Notary) do not issue apostilles or attach them to documents. That is the role of the state agency authorized to issue apostilles, usually the Secretary of State’s office. Only an authorized government agency can place the actual certificate of apostille on the document. But an apostille agent can provide other valuable services to assist customers in need of apostilles, as described below. What are some functions of an ‘apostille agent’? Apart from notarizing the signatures on a document, an apostille agent can provide a variety of services. For example, an agent can provide courier services to deliver notarized documents requiring apostilles to the appropriate agency. This might entail sending the notarized document, a check for the processing fee, the apostille request form and a return mailing label to the apostille-issuing agency on the customer’s behalf. The agency would then process the request, attach the apostille and mail the document with apostille back to the Notary or the customer. Apostille agents also may contact the issuing agency on the customer’s behalf to request instructions related to obtaining an apostille. For example: You might be asked to find out if the agency requires the customer to submit the original notarized document, or if the customer can provide a certified copy of the document instead. Please remember that not all states authorize Notaries to certify copies of documents, and Notaries are never allowed to certify copies of vital statistics documents such as a birth certificate, a death certificate, a marriage license or a divorce decree. You also may be asked to confirm with a state agency if they will issue an apostille for a document notarized using remote notarization, or other details such as if the document requires translation, a cover page, or contacting a federal agency to ask if the receiving country will require additional documentation. How much can I charge for ‘apostille’ services? Because apostille services are not part of your duties as a Notary, the fees you charge are not limited by your state Notary laws. As such, you may set your fees for those services at your discretion. You should consider the following factors when deciding what to charge: How many documents you are sending for processing and what are the state fees; Where the documents are being sent for processing; What kind of shipping costs you are incurring; and Whether you are asked to provide expedited service. Remember that fees you charge for apostille-related services (such as submitting documents to the issuing agency on a customer’s behalf) should be charged and recorded separately from your fees for notarial acts, which are regulated by your state’s Notary laws. Like any new business service you decide to offer, there is a learning curve with becoming an apostille agent. However, it can be profitable and enjoyable. What are the benefits of becoming an ‘apostille’ agent? In my experience, becoming an apostille agent affords you several benefits. It complements traditional Notary businesses very well. You will have numerous opportunities to offer apostille business services to your existing customers. I do quite a bit of general notarization work and never miss a chance to tell a client that I am also an apostille agent. Often that client has never heard of an apostille. I explain what it is, give them my business card and wait for the phone to ring — and it has. It’s very easy to offer apostille agent services as either a part-time or full-time business because you have a flexible schedule. If you work out of a specific location, you can arrange appointments to accommodate your own schedule. If you are a mobile Notary, you may want to charge a travel fee go to the client to pick up the documents and deliver them back to the client. Many Secretaries of State are now accepting documents for apostilles that have been notarized using remote online notarization (RON). If you are authorized to perform RONs, you might remotely notarize documents, then also offer services sending and delivering remotely notarized documents requiring apostilles to issuing agencies for your clients. Important facts about obtaining ‘apostilles’ Here are important details about apostilles you should know if you want to offer apostille agent services: Every apostille is issued by the government agency (usually the Secretary of State’s office) in the state where the document ORIGINATED. For example, let’s say our client went to school in California, now lives in Pennsylvania and needs an apostille for his California school diploma. Because the diploma was issued in California, the apostille must be obtained from the California Secretary State’s office. The destination country may affect whether the customer needs authentication documentation instead of an apostille. In 1961, many countries joined the Hague Convention, which allows expedited authentication of documents sent between member nations. Most countries in the world are members of the Hague convention, but some are not. If the destination country is NOT a member of the 1961 Hague Convention, the document may require additional paperwork from the U.S. Department of State in addition to the apostille. In some instances, a client may also want you to present the documents to an embassy of the destination country on their behalf. So you will need to ask clients several important questions: What is the type of document(s) Where did it originate (STATE OF ORIGINATION); and Where will it be going (COUNTRY OF DESTINATION) If you decide to add being an apostille agent to your business, it can be a profitable and enjoyable line of work.

Can Notaries accept foreign passports or consular cards as proof of a signer’s identity? — D.C., Texas Yes and no. A Texas Notary may accept a foreign passport as proof of a signer’s identity only when notarizing residential real estate transactions. A Texas Notary may not accept a matricula consular card to identify the signer. The relevant law requires IDs to be issued by the federal (U.S.) or state government. A matricula consular card is issued by neither which is why Notaries can’t accept it. See Texas Administrative Code provision (1 TAC 87.1[1]). Please see our article on unusual signer IDs for information on other state rules regarding Notaries accepting consular identification cards as proof of signer identity.

For many Notaries, loan signings have been their business focus for many years. While I offer NSA services as part of my business, I know that isn’t enough to maximize my business and protect it if there’s a downturn in the market as we have seen in recent months. In fact, much of what I do would be considered “general” Notary work. I’ve been successful following this avenue because even when the real estate market is down, there are plenty of general Notary opportunities with local businesses, including: Law firms Hospitals and healthcare providers Independent car dealers Bail bondsmen Schools and universities Law firms I’ll let you in on a secret: many law offices don’t have on-staff Notaries. Many lawyers today don’t have big offices or support staff. And that means that if a client needs a notarization, they need the help of an independent Notary like you. This has been even more the case since COVID. Since the pandemic, many places that used to offer Notary services, like banks, have significantly limited the types of notarizations they are willing to provide. And this is why law practices offer mobile Notaries great opportunities. If you do pursue work with legal practices, you should familiarize yourself with the types of notarizations commonly needed by lawyers and their clients. When you do meet with a potential legal practice client, whether it’s the attorney, an office manager or a paralegal, look the part and dress appropriately. Knowledge is important, but so, too, is being professional. If you’ll be meeting clients, you’ll be acting as the attorney’s representative. Dropping by a law office to introduce yourself is an option, but before doing so, check the practice’s website for their office hours. A carefully crafted e-mail or phone message may be needed first to get your foot in the door. Hospitals and healthcare providers There are numerous Notary opportunities at medical facilities (hospitals, elder care facilities, etc.). Patients often need various types of notarizations, including powers of attorney and advanced health directives, but few facilities have Notaries on hand. You’ll need to approach medical facilities carefully. Don’t just drop in. Contact the business office with a call or carefully crafted e-mail, asking for an appointment with a business director or someone else authorized to call in an outside Notary. Again, ask what services the facility needs — for example, the types of notarizations that are needed, times of day that you might need to come in (including night and weekend hours), etc. — and address how you can solve them. And it’s not just patients who need Notaries. Doctors need your help, too. Medical partnerships are business entities, and they need business documents regularly notarized. Again, contact a business director or office manager to arrange a meeting and discuss how you can help them with any business transactions that need a Notary. Independent car dealers Selling or buying a car involves numerous documents, and this provides Notaries work opportunities such as notarizing vehicle releases when a seller has lost the pink slip or notarizing loan signing documents for vehicles being sold over the internet. A direct approach might be your best tactic here — call or e-mail ahead and make an appointment for a time that is convenient for the dealer. Again, you should ask what types of notarizations the business needs most often, find out what type of issues they face that a Notary can help with, and offer solutions. Bail bondsmen If you are willing to work outside normal business hours, you might want to approach bail bondsmen in your area and offer them your Notary services. Bail bondsmen often keep odd hours and they usually don’t employ Notaries. Plus, few Notaries who work for defense attorneys are available to work after hours with bail bondsmen, so this is a good opportunity if you are an independent mobile Notary available outside the normal 9-5 schedule. Schools and universities If you offer apostille courier services along with your Notary services, schools and universities often need to complete apostilles for students traveling or studying overseas. Contacting the administrators of overseas or travel programs via phone or e-mail at a school would be the best approach for getting started here. These examples are just some of the avenues you can try. They worked for me, but some may not be perfect for you. You’re the one who will know best, so try reaching out to different businesses and finding the ones that suit you. No matter where you find more general Notary work, your goal should be to build your own solid customer base that will remain constant through the highs and lows of our economy.

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.”

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.” Michael Lewis is Managing Editor of member publications for the National Notary Association. Related Articles: eSignatures, eNotarization, Webcam Notarization And iClose: What’s The Difference? More States Enact Remote Notarization Laws, Considering Bills In 2019. View All: Remote Online NotarizationNotary News 13 Comments Add your commentJohn Axt 18 Jul 2016As a Notary organization working in the best interests of your members, have you taken a poll to see if the direction you seem to be going is in line with the wishes of your members? Jerry Lucas 18 Jul 2016Are biometrics being used or proposed for identification or recordkeeping, such as electronic fingerprint scan, retina scan or voiceprints? Does the video camera see only the face of the signer or can the surrounding room be observed for signs of coercion? Does the Full Faith and Credit Clause of the Constitution require a receiving state to accept a video notarization done in another state if the receiving state does not allow video notarization? A. C. Dye 18 Jul 2016I am not in favor of web can notarizations....I can see a whole lot of fraud potential and glad we aren't doing it in Ca...Easy to mask someone's true identity with a lil makeup and preparation....a whole lot of husbands bringing in their mistresses to stand in for the real one... Micheal McLoughlin 18 Jul 2016There are two problems with appearances by webcam. First, they can be theatrically staged. I don't just mean someone putting on makeup and a wig to look like somebody in a piece of photo ID, but somebody could be off-camera holding a gun or a knife in order forcing the person to sign the document - and you, the notary, would never know. Second, the person might be outside the jurisdiction - making the entire process unlawful. Even if you can verify the person in the webcam image is who s/he says s/he is, and there is no greedy son or daughter or husband off-camera with a weapon; *how* do you prove that Mrs Smith from Arlington, Virginia as actually *in* Virginia when she appears on the webcam? For all you know, she might be on holiday in New York, London, or at an internet cafe a block from the Sydney Opera House. It's not just a question of being able to identify *who* the person is but you must also identify *where* the person is -- because if they are not within the jurisdiction in which you are a commissioned notary, that notarial act is unlawful and *could* expose the notary to civil liability or even a criminal charge in the jurisdiction where the signor of the document is truly located when s/he makes his/er Webcam "appearance." Suzy Smith 20 Jul 2016As a mandated elder abuse reporter in California and having attended many trainings on this issue I feel Webcam notarizations are NOT good. Without the ability to see, smell (yes smell), and observe the environment and mannerisms of an elderly person, a webcam notary cannot detect that a someone such as an adult child, "friend" or caregiver is forcing the signing. A Webcam cannot pick up small details that sitting with a client will. San Diego District Attorney Paul Greenwood would like to see all notaries be required mandated reporters. Madelynn 11 Oct 2016Does anyone know if you can do a webcam notary in New York State? National Notary Association 12 Oct 2016Hello. No, New York does not authorize Notaries to perform notarizations using webcam technology. Cheryl Kaster 06 Mar 2017To John, No, of course not. They are not concerned with protecting the Notary but protecting their bottom line. Ardel Richter 07 Aug 2017While I understand that this 'benefits' those receiving a notarized document, they simply don't understand the MANY areas where this can go wrong...nor do they seem to care about the expense to any notary offering this 'service'. On that point alone (cost to notary) this concept will quickly move to low-wage paid employee-notaries in a call center who undoubtedly will 'verify whatever they are told to verify'. Remember the Linda Green fiasco? All the points that others have made about the lack of 'in-person' verification/notarization are very valid concerns and I see no need to re-state them. Joan Malone 15 Sep 2017143 million people were hacked into at Equifax. Webcam notarizations are using questions from credit bureaus. This by itself should make you stop and think. Isabel 21 Dec 2017Are webcam notarizations allowed in the state of Missouri? National Notary Association 21 Dec 2017Hello. No. While a webcam notarization bill (HB 1118) was introduced earlier in 2017, it failed to pass the General Assembly. Kim 28 Jan 2019Some weight being given to this process based on a copy of the video being kept for five years. Who monitors that?? At larger banks/mortgage companies, notaries come and go quickly. In the usual course of other business in the USA, notaries often work for someone (like a lender, like an attorney, like a title company), but maybe anywhere else and happen to have their Notary authorization --- really easy in Iowa and Minnesota to get one, 'cause I've had mine in both states. NO ONE KNOWS HOW TO FIND many Notary Publics who witnessed something 3, 4 or 5 years ago. What good is the video? Where is it stored? Leave a Comment Required * Name * Email *(for verfication purposes only) Comment * Verify All comments are reviewed and if approved, will display.

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. David Thun is the Assistant Managing Editor with the National Notary Association.

If you want to start performing remote online notarizations (RON), you will likely need a RON vendor who will provide the tools for you to perform RONs and securely store your electronic records. But how do you choose the vendor that’s best for you? When selecting a RON vendor, be sure to ask these four important questions: 1. Does the RON vendor fully comply with all of my state’s laws? The first and most important question is if the vendor is fully compliant with your state’s RON laws. Some states, such as Wisconsin, have a set list of approved vendors, and Notaries may only select one from the approved list. Other states, such as Florida and Texas, allow Notaries to choose any RON technology provider as long as the vendor complies with all state rules and statutes. “It’s essential to know if the provider is compliant with state laws or officially approved,” said Pem Guerry, executive vice president of SIGNiX. When choosing a vendor, be sure to ask if the vendor provides secure storage and protected access to any RON records you are required by law to keep, such as audiovisual recordings of your notarization sessions or electronic journal records. If you find out a RON vendor isn’t approved by your state or doesn’t meet your statutory requirements, you’ll need to look elsewhere. 2. Does the RON vendor provide training and tech support for their system? A vendor may offer a great RON system, but it won’t be much help if you don’t know how to properly use it. When choosing a RON platform, ask if they offer training how to use their system and technical support if you encounter problems with the system when performing a RON. “My number one question when choosing my RON provider was if they provided phone support,” said Tracee Jordan, a remote online Notary in Houston, Texas. “I have a large clientele and I need to have access to tech support on demand when things are happening.” 3. Will the vendor provide you with a digital certificate or electronic seal for RONs, or will you need to purchase your own? Depending on your state’s requirements, you may need a digital certificate or electronic seal to perform RONs. When looking for a RON vendor, you should ask if the vendor provides Notaries with a digital certificate or eSeal, or if you will need to purchase your own. For example, Pat Kinsel, CEO of Notarize, said his company provides electronic seals for RONs that are fully compliant with each state’s RON laws. For digital certificates, Notarize prefers Notaries obtain their own digital certificate from an authorized provider to ensure full compliance with state rules. “Since some states require the digital certificate to be in the Notary’s possession, so we refer Notaries to a trusted issuing authority to purchase their digital certificates,” Kinsel said. 4. How much will it cost you to get set up with the vendor? Budget is an important part of any Notary’s business. When researching potential RON tech providers, be sure to ask how much it will cost to get set up with them so you can determine if the expense is affordable for your business.

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.