Exploring Remote Notary States: A Guide for Professionals

  • By NotaryCam

  • 17 October, 2024

Did you know that getting documents notarized no longer has to involve a tedious trip across town? With the increasing popularity of remote online notarization (RON), the landscape of notarization has experienced a significant shift. More and more states are embracing this modern approach, allowing notaries to conduct their services online via secure audio-video technology. This has made the notarization process a breeze for folks needing to get things signed and sealed – no matter where they are. Wondering what remote notary states are currently leading the charge? Read on as we unpack the facts about RON adoption, look at potential impacts of federal legislation, and consider how it benefits notaries and those seeking their services.

Understanding RON and its Growing Acceptance

Before we explore which states allow online notarization, let’s establish what it is and how it works. RON platforms utilize a secure two-way audio-video connection to bring the notary and the document signer face-to-face virtually.

The notary verifies the identity of the signer, usually through methods like credential analysis and knowledge-based authentication. Then they witness them electronically sign the documents. Finally, the notary affixes their digital seal and electronic signature – it’s all designed to comply with state-specific laws. This entirely online method ditches the need for an in-person meeting, providing convenience and flexibility.

A Surge in Remote Notary States

As of December 2023, a significant majority of states, 47 to be precise, have implemented legislation permitting remote electronic notarization. This reflects its growing acceptance across the nation. You can find a list of those states and links to their enacted laws, here.

The National Association of Secretaries of State (NASS), even put together revised national e-notarization standards in 2018 that include remote notarizations. While these states deserve kudos for embracing modernization, the implementation and specific requirements regarding things like technology, signer identification, and recordkeeping differ by state.

Some states might require extra registration or certification for notaries conducting RON. That’s why it’s crucial to know your state’s specific requirements. Resources such as the Mortgage Bankers Association provide excellent guidance regarding state-specific rules and regulations governing RON practices.

A Look at Remote Notary States & Legislation

To understand which states have taken the lead in legalizing RON, let’s examine when legislation was passed to give a clear picture:

Year Number of States Passing RON Legislation States
2011 1 Virginia
2015 1 Montana
2017 2 Nevada, Texas
2018 2 Indiana, Tennessee
2019 9 Arizona, Florida, Idaho, Iowa, Kentucky, Missouri, Nebraska, North Dakota, Washington
2020 7 Alaska, Colorado, Michigan, Ohio, Oklahoma, Pennsylvania, Wisconsin
2021 10 Alabama, Arkansas, Hawaii, Illinois, New Hampshire, New Jersey, New Mexico, New York, West Virginia, Wyoming
2022 4 Delaware, District of Columbia, North Carolina, Rhode Island
2023 2 California (effective 2024), Connecticut

While the list of RON-friendly states keeps growing, there are states where this digital process isn’t explicitly legalized. A good example is California. However, this doesn’t always mean you’re completely stuck if you need documents remotely notarized.

Many states, including those without fully implemented RON laws, often still recognize notarizations carried out by authorized notaries from other jurisdictions. This is as long as they adhere to the laws of the state where they’re commissioned. For example, although California does not allow their notaries to perform RON just yet, its laws recognize notarial certificates from other states if they comply with the issuing state’s laws.

California will implement remote online notarizations by 2030 – or perhaps even earlier thanks to Senate Bill 696. This showcases how the reach of RON stretches beyond state lines.

The Push for Federal Legislation

Although numerous states have recognized RON’s benefits, there’s a national push to create federal laws governing online notary. Bipartisan support in both the House of Representatives (HR 1059) and Senate (S 1212) shows us just how seriously they are considering enacting nationwide legislation to solidify the framework for remote online notarizations across all states. It’s no surprise though – streamlined processes and consistency across state lines make perfect sense, right?

Impact and Benefits of Federal Legislation for Remote Notary States

Think about how a federal law could affect RON services and why people are excited. A set of rules everyone agrees on means RON would work the same in every state, eliminating confusion. A cohesive national system ensures those providing and using these services are on the same page, which fosters trust and smooth transactions.

And then there’s the part about stimulating interstate commerce. RON, under a federal law, has the power to simplify business transactions, particularly for businesses operating in multiple remote notary states. A simplified, standardized approach across the nation opens doors for smoother interactions between businesses, customers, and government agencies. This streamlined approach helps everyone embrace the full potential of remote work and telemedicine consultations while remaining compliant and efficient.

FAQs About Remote Notary States

Can a Florida remote notary notarize in another state?

No. Even though remote notarizations happen online, a Florida notary can only provide their services for documents within the state of Florida. Every state mandates that their notaries are physically located within the state borders for the notarial act to be considered valid.

For the latest updates and clarification, checking your specific state regulations before conducting RON services is a good idea. You can use sources like The NASS Notary Public Administrators or the NASS eNotarization Implementation Guide for comprehensive information.

Does NY allow online notary?

Yes. The great state of New York jumped on the RON bandwagon in 2021. They passed Senate Bill S1780, solidifying the legality of online notary services. Their administrative rules provide clarity and establish procedures for conducting these services within the state. So, rest assured – if you’re in the Big Apple and need to sign some important paperwork, there’s likely a RON platform option waiting for you.

Does Ohio allow online notary?

Absolutely. In 2019, Ohio decided to make things easier for folks needing documents notarized by joining the world of remote notary states after Senate Bill 263 was passed. They outlined exactly how it all works in their administrative rules.

Ohio residents and businesses now have the flexibility to notarize various important documents right from their homes or offices, further underscoring Ohio’s move toward embracing digital transformation in legal proceedings. This includes common legal documents like real estate documents and estate documents.

How many states have RON?

As of today, 47 states and the District of Columbia have passed some form of legislation allowing for Remote Online Notarizations. South Dakota, Tennessee, and Texas are the only states that have not adopted any form of remote online notarization.

Conclusion

Remote online notarization offers immense potential for individuals and businesses, offering a faster, safer, and more convenient alternative to the traditional notary public process. Knowing whether you’re in one of the remote notary states, what’s required in your state, and understanding the push for nationwide acceptance is critical when making decisions about how your organization handles things.