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#2270572 - 05/18/22 01:23 PM Electronically Notarized Documents
Anonymous
Unregistered

Hello-
I'm trying to understand what to look for when we accept a document that has been notarized electronically. My questions are as follows:
1. I believe by virtue of the process that a document that is notarized electronically would also be electronically signed by the customer. (it would not have a customer’s wet signature… both the customer signature and the notary’s signature would be electronic). Is this correct?

2. For states that require that the document have a "digital certificate" when performing the notarial act, does that mean we would need to receive the document electronically in order to be able to see that it wasn't tampered with, and that we are unable to rely on a printed copy?

3. Are there other thoughts or considerations for acceptance of a remotely/ electronically notarized document?

Thank you for any feedback.

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#2270576 - 05/18/22 01:43 PM Re: Electronically Notarized Documents Anonymous
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
Electronic notaries are a State law issue. You might be better off sitting down with your legal counsel regarding your specific State's requirements and go over the scenarios under which you expect they would be used.
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#2270579 - 05/18/22 02:26 PM Re: Electronically Notarized Documents Anonymous
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
Do a Google search for Remote Online Notarization (RON) and you will find some information. Then search your state's Web site for the same.

This is relative new and several states are still in the process of designing their programs and requirements. You need to make sure your state currently recognizes RONs.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#2270734 - 05/20/22 07:06 PM Re: Electronically Notarized Documents Anonymous
Richard Insley Offline
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Richard Insley
Joined: Oct 2000
Posts: 10,180
Toano, VA
You're wise to search for and study anything on point, BUT do it as part of your "homework" before scheduling time with legal counsel. Not only do you want a clear understanding of your state's laws, but you also want to know if there have been any cases with unhappy ends. If somebody else has already learned something the hard way, you want to sidestep that problem.
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