FAQ's

Most Frequently Asked Questions

Here are some of the most commonly asked questions about remote online notarization.


BENEFITS OF ONLINE NOTARIZATIONS


Online notarization, also known as remote notarization, is a process where a notary public can remotely notarize a document using audio and video conferencing technology. The benefits of online notarization include:

Overall, online notarization offers many benefits to people who need to get their documents notarized, including convenience, time-saving, cost-effectiveness, increased security, improved efficiency, and enhanced accessibility.


ATTORNEY-IN-FACT (Signing on Behalf of Someone Else)

Generally, a person can sign on behalf of someone else in a notarization in the following capacities:

As an AUTHORIZED AGENT or REPRESENTATIVE (ATTORNEY-IN-FACT): A person who has been authorized by the signer to act on their behalf can sign on behalf of the signer in a notarization. This may include a power of attorney or other legal document granting authority to act on behalf of the signer.

As a GUARDIAN or CONSERVATOR: If the signer is a minor or has been declared incompetent, a guardian or conservator appointed by a court may be authorized to sign on behalf of the signer in a notarization.

As an EXECUTOR or ADMINISTRATOR: If the signer is deceased, the executor or administrator of the signer's estate may be authorized to sign on behalf of the signer in a notarization.

As a TRUSTEE: If the signer is a trustee of a trust, the trustee may be authorized to sign on behalf of the trust in a notarization.

It is important to note that the person signing on behalf of someone else in a notarization must have legal authority to do so, and may be required to provide documentation or proof of their authority to the notary.

WITNESS REQUIREMENTS?

The witness requirements for online notarizations can vary depending on the state or jurisdiction in which the notarization is taking place. However, here are some general guidelines for witness requirements for online notarizations:

Number of Witnesses: Some states require one or two witnesses for certain types of documents, such as wills, trusts, or powers of attorney. Other states may not require witnesses at all for online notarizations. It is important to check the specific requirements in your state or jurisdiction.

Physical Presence of Witnesses: Some states require witnesses to be physically present with the signer during the online notarization. Other states may allow witnesses to be present remotely, using audio-video technology similar to that used for the notarization.

Witness Qualifications: Some states have specific requirements for the qualifications of witnesses, such as age or mental capacity. In some cases, a witness may not be allowed to be a family member or beneficiary of the document being notarized.

Witness Signatures: In most cases, witnesses will be required to sign the document being notarized after the notary and the signer have completed their signatures. The witness may also be required to provide additional information, such as their name, address, and signature, to be included in the notarial certificate.

It is important to check the specific requirements for witness signatures and qualifications in your state or jurisdiction, as they can vary widely. Additionally, some states may not allow witnesses to be used in online notarizations at all, while others may require witnesses for all notarizations, whether online or in-person.

What is RON (Remote Online Notarization)?

Remote online notarization is a process by which a notary public can notarize documents online, using audio-video technology, without requiring the signer to be physically present in the same room as the notary.

What type of Notarial Certificate do I need?

The type of notarial certificate that you will need depends on several factors, including the type of document being notarized, the purpose of the notarization, and the requirements of the agency or organization that will be receiving the document.

There are several different types of notarial certificates that a notary public may use, including Acknowledgment Certificates, Jurat Certificates, and Copy Certification Certificates.

An ACKNOWLEDGEMENT CERTIFICATE is used when the signer is acknowledging that they signed the document voluntarily and that the contents of the document are true and correct. This type of certificate is commonly used for real estate documents, contracts, and other legal agreements.

A JURAT CERTIFICATE is used when the signer is swearing under oath that the contents of the document are true and correct. This type of certificate is commonly used for affidavits, depositions, and other legal documents that require a sworn statement.

A COPY CERTIFICATION CERTIFICATE is used when the notary is certifying that a document is a true and correct copy of an original document. This type of certificate is commonly used for copies of diplomas, transcripts, and other important documents.

The notary public will ask you to select the appropriate type of notarial certificate based on the type of document being notarized and the requirements of the agency or organization that will be receiving the document. It's important to communicate with the notary public and provide any necessary information or instructions to ensure that the correct type of notarial certificate is used.

What is an NSA (Notary Signing Agent)?

Documents that require an NSA (Notary Signing Agent) are legal documents that require authentication through a notary public. A notary signing agent is a specially trained notary public who is authorized to notarize loan documents, mortgage documents, and other legal papers that require a witness and an acknowledgment of the signature.

These documents are typically related to real estate transactions, such as mortgage loans, refinancing, and reverse mortgages. The notary signing agent is responsible for verifying the identity of the signatories, ensuring that they understand the contents of the document they are signing, and confirming that they are signing the document of their own free will.

Some of the common documents that require a notary signing agent include loan documents, deeds of trust, promissory notes, and affidavits. These documents are often legally binding and require the presence of a notary signing agent to ensure that they are properly executed.

In addition to verifying the identity of the signatories and witnessing the signing of the document, the notary signing agent may also be required to perform other tasks, such as administering an oath or affirmation, certifying copies of documents, and providing a certificate of acknowledgment.

Overall, documents that require a notary signing agent are important legal documents that require an extra layer of authentication to ensure their validity and legality.


Is RON (Remote Online Notarization) Legal?

Yes, remote online notarization is legal in many states in the US, as well as in some other countries. However, it is important to check the laws in your state or country to make sure it is permitted.

What technology do I need for Remote Online Notarization?

You will need a computer, tablet, or smartphone with a reliable internet connection, a webcam, and a microphone.

Can any document be notarized remotely?

Not all documents can be notarized remotely. In general, only documents that are allowed by law to be notarized can be notarized remotely. Additionally, some states may have specific requirements for the types of documents that can be notarized remotely.

How does the notary verify my identity remotely?

The notary will typically use a combination of methods to verify your identity remotely, such as asking you to show a government-issued ID and verifying your personal information. Some notaries may also use facial recognition technology to verify your identity.

Is Remote Online Notarization secure?

Remote Online Notarization platforms typically use encryption and other security measures to protect your personal information and prevent unauthorized access. However, it is important to choose a reputable and secure platform to ensure that your information is safe.

Like most types of online services, the best online notary services offer many levels of security. When choosing a provider, you want to look for security features, such as two-factor authentication (2FA) or multifactor authentication (MFA), data encryption and privacy protection.

How much does Remote Online Notarization cost?

The cost of remote online notarization varies depending on the notary and the platform used. Some notaries may charge a flat fee per notarization, while others may charge by the hour. Additionally, some platforms may charge a fee for using their services.

How long does it take to complete a Remote Online Notarization?

The length of time it takes to complete a remote online notarization depends on a variety of factors, including the type of document being notarized, the number of signers, and the platform used. In general, remote online notarization can be completed more quickly than traditional in-person notarization.

Will I receive a physical notarization certificate?

Some states may require the notary to provide a physical notarization certificate in addition to the electronic notarization. However, in most cases, an electronic notarization certificate will be provided to you by email or through the platform used for the notarization.

How long are Remote Online Notarizations valid?

The validity of a remote online notarization depends on the laws in your state or country. In general, remote online notarizations are valid for the same period of time as traditional in-person notarizations.

Are Remote Online Notarizations legal?

Yes, online notarization is legal in the United States. To ensure the validity of online notarizations, the U.S. government has established certain best practices that online notary services must follow. Some documents can’t be notarized online, so it’s important to check with your local jurisdiction before booking an online notary.

Can a Notary prepare legal documents for me?

No, as a general rule, a notary public cannot prepare legal documents for you. A notary public is authorized to notarize or witness the signing of legal documents, but they are not permitted to provide legal advice or prepare legal documents for others, as doing so would be considered the unauthorized practice of law.

In some states, notaries may be authorized to certify or attest to the authenticity of certain documents, such as copies of birth certificates or marriage licenses. However, this is different from preparing legal documents, which should be done by a licensed attorney or other qualified legal professional.

If you need legal advice or assistance with preparing legal documents, you should consult with an attorney or other qualified legal professional in your area. They can provide you with the necessary guidance and help ensure that your legal documents are prepared correctly and meet all applicable legal requirements.

Can a Notary refuse to notarize my document?

Yes, a notary public can refuse to notarize a document if they have a good reason to do so. There are several reasons why a notary may refuse to notarize a document, including:

The document is incomplete or contains errors: If a document is incomplete or contains errors, the notary may refuse to notarize it until the errors are corrected.

The signer is not present: A notary is required to witness the signing of a document, so if the signer is not present, the notary cannot notarize the document.

The signer is not properly identified: A notary is required to verify the identity of the signer, so if the signer is unable to provide proper identification, the notary may refuse to notarize the document.

The notary is not comfortable with the situation: A notary has the right to refuse to notarize a document if they feel uncomfortable with the situation or if they suspect fraud or other illegal activity.

It's important to note that a notary public is required to act in accordance with the law and ethical standards of their profession. If a notary refuses to notarize your document, they should provide you with a reason for the refusal and may be able to refer you to someone who can assist you.

Can a Notary provide legal advice?

No, a notary public is not authorized to give legal advice. Notaries are only authorized to perform limited duties related to the notarization of documents, which typically includes verifying the identity of the signer, ensuring that the document is signed voluntarily, and certifying that the signer acknowledges the contents of the document.

Providing legal advice is considered the practice of law and requires a license to practice law. Only licensed attorneys or other qualified legal professionals are authorized to provide legal advice to individuals.

If you have legal questions or concerns related to your document, it's important to seek advice from a licensed attorney or other qualified legal professional in your area. They can provide you with the necessary guidance and help ensure that your legal rights and interests are protected.