Learn How Remote Notarization Works Today

What Remote Notarization Is and How It Differs From Traditional Notarization

Remote notarization, also called electronic notarization or e-notarization, is a process where a notary public performs notarial acts without being physically present with the person signing documents. Instead, the notary and the signer meet through a video conference platform, typically using a computer, tablet, or smartphone with internet access. The notary verifies the signer's identity, watches them sign documents, and then applies their digital notarial seal and signature electronically.

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Traditional notarization requires you to visit a notary's office in person, bring physical documents and identification, and have the notary witness your signature. This method has been used for centuries and remains common today. Remote notarization accomplishes the same legal purpose but uses technology to eliminate the need for physical presence.

The key legal difference is that remote notarization is governed by specific state laws. Each state has different rules about which documents can be notarized remotely, which types of notaries can perform remote notarizations, and what technology standards must be met. Some states have fully embraced remote notarization, while others restrict it or do not yet allow it. A document notarized remotely in one state may not be recognized in another state without verification of that state's laws.

Remote notarization has grown significantly since 2020. According to the National Notary Association, approximately 32 states have laws allowing remote notarization as of 2024, though regulations vary considerably. Some states permit remote notarization only for specific document types, such as real estate transactions or loan documents, while others allow it for most notarial acts.

Practical Takeaway: Before using remote notarization, research your state's specific laws about which documents can be notarized remotely and whether notaries in your state offer this service. Contact your state's Secretary of State office or notary regulatory agency for current regulations.

The Technology and Platforms Used in Remote Notarization

Remote notarization relies on secure video conferencing technology that meets specific legal requirements. The platforms used are not ordinary video meeting services like standard Zoom calls or FaceTime. Instead, they are specialized notarization platforms designed to comply with state laws and provide the security features needed for legal document notarization.

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These specialized platforms typically include several key features. First, they provide high-definition video and audio so the notary can clearly see the signer's face, identification documents, and the documents being signed. Second, they create a recorded session that becomes part of the notarial record. Third, they include identity verification features that may involve knowledge-based questions, document scanning, or facial recognition technology. Fourth, they securely store digital records and apply tamper-evident digital seals to documents.

Common remote notarization platforms include Notarize, NotaryCam, SafeSign, and others that partner with state notary associations. Many banks and title companies have also developed their own remote notarization systems for customers. Some platforms charge notaries to use their services, while others operate on subscription models or transaction fees.

The technology requirements for using remote notarization as a signer are relatively simple. You need a device with a camera and microphone—a computer, laptop, tablet, or smartphone works. You need a stable internet connection with sufficient bandwidth for video. Most platforms recommend a minimum internet speed of 2.5 megabits per second. You should be in a quiet, private location where you can speak clearly without interruption. Lighting should be adequate so your face and identification are clearly visible on video.

Security is a major focus of remote notarization technology. Platforms use encryption to protect video sessions and stored documents. Some require multi-factor authentication to access documents. States that permit remote notarization typically establish technical standards that platforms must meet, often including requirements for session recording, cybersecurity practices, and audit trails that track every step of the notarization process.

Practical Takeaway: Before scheduling a remote notarization, test your internet connection and camera on the platform you'll use. Ensure you have a quiet, private space with good lighting available during your scheduled appointment time. Have your camera positioned so your face and any documents are clearly visible.

Identity Verification Requirements for Remote Notarization

Identity verification is central to remote notarization because the notary cannot simply check your physical identification in person. Instead, remote notarization platforms use various methods to confirm your identity before the notary proceeds. The specific methods allowed depend on state law and the notarization platform being used.

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Knowledge-based authentication (KBA) is one common method. This involves the platform asking you questions that only the real you would know the answers to, such as previous addresses you've lived at, financial accounts you've held, or family members' names. These questions are generated from public records and credit reporting databases. You must answer most or all questions correctly to pass this verification step.

Document verification is another method where you photograph or scan your government-issued identification (driver's license, passport, or similar document) and the platform's technology analyzes it. Advanced platforms use optical character recognition to read information from the ID and may use facial recognition to compare your face to the photo on the ID. Some platforms require you to hold your ID up to your camera so the notary can see it during the video session as well.

Biometric verification involves the platform analyzing your facial features or fingerprints to confirm you are who you claim to be. Facial recognition technology has become more common in remote notarization, though it has drawn attention from privacy advocates. Some states have specific regulations about when and how facial recognition can be used in notarization.

Social Security Number (SSN) verification requires you to provide your SSN, which the platform verifies against government records. This is combined with other verification methods rather than used alone. Some platforms also check sex offender registries or conduct database lookups to confirm information.

The level of identity verification required can vary. Some documents, like loan documents, may require more rigorous verification than others. Some notaries may require you to have previously worked with them or may use a combination of verification methods for added security. State laws sometimes specify which verification methods are acceptable for remote notarization in that state.

Practical Takeaway: Gather your government-issued identification before your remote notarization appointment. Be prepared to answer knowledge-based questions about your personal history. Know your Social Security Number. Some states may require specific forms of identity verification, so check your state's requirements in advance.

What Documents Can Be Notarized Remotely

Not all documents can be notarized remotely. State laws place restrictions on which notarial acts can occur remotely, and these restrictions vary significantly across the country. Understanding what documents are and are not eligible for remote notarization in your state is essential before attempting to schedule an appointment.

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Documents that are commonly notarized remotely include loan documents, mortgage applications, refinancing documents, power of attorney forms, affidavits, and statutory declarations. Many states allow remote notarization for general business documents, contracts, and authorization letters. Some states permit remote notarization of real estate documents including deed transfers, though this is not universal.

Documents that generally cannot be notarized remotely include original birth certificates, death certificates, marriage licenses, divorce decrees, and other vital records issued by government agencies. Passport applications and applications for government benefits typically require in-person notarization. Documents related to adoption, guardianship, and certain court proceedings often must be notarized in person. Wills and testamentary documents have varying rules by state—some states allow remote notarization of wills while others do not.

Financial institution documents present a mixed picture. Many banks and mortgage lenders have policies allowing their loan documents to be notarized remotely, and they often have their own notaries available for this purpose. However, some financial institutions may require in-person notarization regardless of state law. The requirements may depend on the specific product or institution.

Some states that permit remote notarization still exclude certain document types. For example, a state may allow remote notarization for most documents but exclude real estate transactions or require in-person notarization for documents involving minors. Several states only recently expanded their remote notarization laws beyond documents related to government or commerce.

The distinction sometimes depends on whether the document is considered "tangible" versus digital. Some states that permit remote notarization for documents already in digital form may not allow it for documents that must be notarized