Remote Online Notarisation

Notarise Now with Remote Online Notarisation

Remote Online Notarization (RON) lets a commissioned notary and a signer meet over live audio-video to complete a legally valid notarial act on an electronic document. The session is recorded, the signer’s identity is verified with specific digital checks, and the notary applies an electronic signature and seal that make later tampering evident. MBA+1

1) The legal landscape—state law first, with federal guard-rails

RON is primarily governed by state statute and administrative rules. As of 2025, nearly all U.S. states and D.C. have permanent RON frameworks, many based on the Uniform Law Commission’s Revised Uniform Law on Notarial Acts (RULONA 2021), which explicitly authorizes remote notarization using audio-visual technology and identity proofing. Uniform Law Commission

Two longstanding federal e-signature regimes underpin electronic records used in RON:

  • ESIGN Act (15 U.S.C. § 7001)—an electronic signature or record cannot be denied legal effect solely for being electronic. Legal Information Institute
  • UETA—the model state law adopted by 49 states plus D.C., Puerto Rico and the U.S. Virgin Islands; New York uses a similar statute (ESRA). Together with ESIGN, it establishes legal equivalence of electronic and paper records/signatures. Uniform Law Commission+1

Federal “SECURE Notarization Act” (2025)

In 2025, identical SECURE Notarization Act bills were introduced in both chambers (H.R. 1777; S. 1561). If enacted, they would set national minimum RON standards and promote interstate recognition, but as of November 2025 they remain proposed legislation—not law. Always check current status before relying on them. Congress.gov+1

2) How a compliant RON session works (typical workflow)

While exact rules vary by state, the common, standards-based steps are:

  1. Audio-video conference & recording. The signer “appears” before the notary by two-way audio-video; the whole session is archived per state retention rules. (Example: Texas requires a secure electronic journal of each online notarization.) Texas Statutes+1
  2. Identity proofing. Most states require multi-factor identity checks such as:
    • Credential analysis of a government ID;
    • Knowledge-based authentication (KBA) or comparable tests;
    • and/or MFA at login. These controls are often benchmarked to NIST Digital Identity Guidelines (IAL for proofing, AAL for authentication). HYPR Blog+3Texas Legislature Online+3NIST Publications+3
  3. E-signing and e-seal. The signer electronically signs; the notary applies an electronic signature and digital seal/certificate in a way that enables independent verification and makes later changes detectable. (Texas and other states prescribe these tamper-evident and verification requirements.) Texas Secretary of State
  4. Electronic notarial certificate. The certificate states that the act was performed via communication technology and includes time, jurisdiction, and other required elements (many states enumerate exact fields in statute or rule). Justia Law
  5. Retention. Notaries must keep the recording and electronic journal for a statutory period (commonly 5+ years), and protect backups from unauthorized use. NCRA+1

Industry standards

In real estate and lending, parties often align with MISMO RON Standards (V2 finalized through a 2024 public-comment cycle) to harmonize platform features, security, and data elements. MISMO

3) Interstate and cross-border recognition

Generally, if a notarial act is valid under the law of the state where the notary is commissioned, other U.S. jurisdictions will recognize it (ESIGN/UETA help ensure the validity of the underlying electronic record/signature). Some states also provide mechanisms for certificates of authority to support out-of-state or international acceptance—for example, Virginia’s statute describes an electronic certificate of authority that can accompany a notarized e-document sent to another state or country. Always confirm the destination jurisdiction’s acceptance requirements. Legal Information Institute+2Uniform Law Commission+2

Historical note: Virginia was the first state to adopt permanent RON (law signed 2011; effective 2012), and its framework explicitly contemplates remotely located signers. DocuSign+1

4) What you can (and sometimes cannot) notarize by RON

RON works well for acknowledgments and many jurats used in finance, real estate, insurance, and corporate transactions. However, each state lists exceptions—for example, certain wills/codicils, testamentary trusts, or family-law documents may be excluded or subject to extra steps. Before scheduling a RON, check the commissioning state’s exclusions and any recording office policies (county recorders may specify formatting for e-recordable deeds). Authoritative practice resources and state SOS pages maintain current lists. National Notary Association

5) Choosing a RON platform: due-diligence checklist

  • State authorization: Confirm the platform is approved (if your state maintains an approved-vendor list) and can implement your state’s specific rules (e.g., journal fields, retention period). Texas Secretary of State
  • Identity proofing: Ensure support for credential analysis + KBA (or other state-permitted methods) at assurance levels consistent with NIST SP 800-63. NIST Publications+1
  • Tamper evidence & verification: Look for X.509-based digital certificates and seals, MISMO-aligned artifacts, and independently verifiable audit trails. MISMO
  • Security & retention: Encrypted storage of recordings/journals with access controls and backup protection that meet statutory requirements. Texas Secretary of State
  • Interoperability: If documents are headed to title/recording, confirm MISMO-compatible outputs and county e-recording support. MISMO

6) Practical tips for notaries and organizations

For notaries

  • Keep your commission scope front-of-mind: in most states you may notarize for a signer located anywhere so long as you are physically in your commissioning state at the time of the act (check your statute/rules). DocuSign
  • Maintain scripts and checklists for opening the session, consent to recording, ID proofing, and certificate language required for RON. (Several states mandate specific disclosures.) Old Republic Title
  • Audit your journal after each session; incomplete fields are a common compliance gap cited by SOS offices. Texas Secretary of State

For businesses using RON

  • Map document types to the commissioning state’s rules and any destination acceptance rules (real-property filings, foreign consulates, regulators). MBA
  • Standardize on one or two platforms that satisfy MISMO V2 and your record-keeping policy. MISMO
  • Align your e-signature consent and delivery process with ESIGN’s consumer-consent provisions. FDIC+1

7) Common pitfalls

  • Assuming universal acceptance. A document validly notarized in State A is generally recognized in State B, but a recipient (e.g., a county recorder or foreign authority) may set format or authentication requirements—plan for certificates of authority or apostilles where relevant. Virginia Law
  • Weak identity proofing. If KBA/credential analysis fails statutory thresholds or recording is incomplete, the notarization can be challenged. Use platforms aligned to NIST guidance. NIST Publications
  • Retention lapses. Losing access to your recording or e-journal violates rules in many states. Implement secure backups per statute. NCRA+1

Bottom line

RON is now a mainstream, legally robust way to notarize documents in the U.S., grounded in state RON statutes and supported by ESIGN/UETA. The proposed federal SECURE Notarization Act of 2025 could further harmonize standards and recognition if enacted, but until then, compliance rests on state-specific requirements plus well-established industry standards (MISMO) and NIST-aligned identity proofing. Before each transaction, verify the commissioning state’s current rules and any destination acceptance needs. Congress.gov+4Uniform Law Commission+4Legal Information Institute+4

If you’d like, I can tailor this for a specific state’s rules (e.g., Virginia, Texas, New York) or for cross-border use cases (e.g., a signer overseas), and include a step-by-step checklist and sample RON certificate wording for that jurisdiction.