A notarial act is the act of signing a document in the presence of a state-licensed
individual known as a notary public. Notaries verify the signer's identity, witness
the document being signed, affix a notarial seal to the document and record the
transaction in a journal. Notarizations have historically been conducted on paper
and in person, but as electronic signature-related technologies and associated
legal principles became more familiar, these traditional manual and paper-based
processes are being replaced by digital remote solutions.
As of the writing of this article, more than half of the states in the U.S. have passed legislation
permanently enabling notaries to utilize electronic signature-related technologies to remotely notarize
documents through a process called remote online notarization ("RON"). Most of the remaining states
have similarly authorized notaries to perform RON through executive orders or temporary legislation.
Criteria for performing RON vary by state, but follow a general approach:
– Notary registration with the state
– Use of audio-visual communication technology
– Utilization of digital identity verification technology
– Application of electronic signatures and electronic seals
– Reliance on electronic journaling and storage
– Adherence to common data privacy principles
RON legislation follows in the footsteps of federal and state e-signature laws, which enabled broad
industry acceptance and fostered technological innovation. These same laws provided the foundation
for in-person electronic notarization ("IPEN"), which will be discussed further below. RON, currently
gaining momentum across the country, represents the next phase of this evolution of law and
technology; it utilizes similar e-signature technologies and principles to enable easier, more secure
and more flexible notarization