ME Notary - Maine Notary Electronic and Remote Notarization Questions and Answers — Questions and Answers
Question 1: A Maine notary, authorized to perform remote notarizations, is physically located in their office in Augusta. They are asked to notarize a document for a signer who is currently traveling in France. According to Maine law, is this permissible?
- No, because the signer must be physically located within the United States.
- Yes, but only if the document relates to a transaction or property within Maine.
- No, because both the notary and the signer must be physically located in Maine.
- Yes, because the notary is physically located in Maine at the time of the notarial act. (Correct answer)
Correct answer: Yes, because the notary is physically located in Maine at the time of the notarial act.
Maine law, specifically the Revised Uniform Law on Notarial Acts (RULONA), requires that the notarial officer be physically located within the state of Maine when performing a remote notarization. The law places no geographical restrictions on the location of the remotely located individual (the signer).
Question 2: Before a commissioned Maine notary can perform their first electronic or remote notarization, what action must they take?
- Obtain a separate errors and omissions insurance policy specifically for remote notarizations.
- Pass a specialized technology examination administered by the state.
- Notify the Secretary of State of their intent and identify the approved technology provider they will use. (Correct answer)
- File a separate bond with the county clerk in their county of residence.
Correct answer: Notify the Secretary of State of their intent and identify the approved technology provider they will use.
Maine law requires that before performing electronic or remote notarizations, a notary must complete and submit the “Notice to Perform Electronic and/or Remote Notarizations” form to the Secretary of State and receive approval. This notice must identify the approved technology provider the notary intends to use.
Question 3: Which of the following is a mandatory record-keeping requirement for all remote online notarizations (RON) performed by a Maine notary?
- Maintaining only a paper journal entry with a note that the act was remote.
- Creating and securely retaining an audio-visual recording of the notarial act. (Correct answer)
- Mailing a paper copy of the notarized document to the Secretary of State for archiving.
- Keeping a log of the signer's IP address and deleting the video record after 90 days.
Correct answer: Creating and securely retaining an audio-visual recording of the notarial act.
For every remote notarization, Maine notaries are required to create and retain an audio-visual recording of the entire notarial act for at least 10 years. This is in addition to maintaining a mandatory, secure electronic journal entry for the act.
Question 4: A signer, who is not personally known to the notary, appears for a remote online notarization. Which of the following identity verification methods is compliant with Maine's requirements?
- The signer presents a valid driver's license to their webcam for visual inspection by the notary.
- The signer's identity is confirmed by a credible witness who is also remotely located and known to the notary.
- The signer's identity is verified by a trusted friend of the notary via a conference call.
- The signer successfully completes a multi-factor authentication process that includes credential analysis and knowledge-based authentication (KBA). (Correct answer)
Correct answer: The signer successfully completes a multi-factor authentication process that includes credential analysis and knowledge-based authentication (KBA).
Maine law requires robust identity proofing for remotely located individuals not known to the notary. This involves using an approved technology provider that can perform credential analysis (verifying the security features of the ID) and a form of identity proofing, such as knowledge-based authentication (KBA), which asks the signer questions from their personal history.
Question 5: When a Maine notary performs any electronic or remote notarization, what is the rule regarding the use of a journal?
- A journal is recommended but not required, similar to traditional paper notarizations.
- The notary may use their existing paper journal for both traditional and remote acts.
- A journal is mandatory and must be kept in a permanent, tamper-evident electronic format. (Correct answer)
- Journal entries must be printed and stored in a physical, locked binder for 7 years.
Correct answer: A journal is mandatory and must be kept in a permanent, tamper-evident electronic format.
Unlike traditional, in-person paper notarizations where a journal is strongly recommended but not required, Maine law mandates that a notarial officer MUST maintain a journal for all electronic and remote notarizations. This journal must be in a permanent, tamper-evident electronic format.
Question 6: Which of the following technology platforms is explicitly forbidden for use when conducting a remote online notarization in Maine?
- A platform that requires multi-factor authentication for the signer.
- A provider that has been officially approved by the Maine Secretary of State.
- A standard video conferencing application like Zoom or FaceTime. (Correct answer)
- A system that records and stores a secure audio-visual recording of the session.
Correct answer: A standard video conferencing application like Zoom or FaceTime.
Maine notaries must use a communication technology provider that has been specifically approved by the Secretary of State. Generic video chat applications such as Zoom or FaceTime do not meet the state's stringent requirements for identity proofing, security, and record-keeping, and are therefore not permitted for performing remote notarial acts.
ME Notary - Maine Notary Electronic and Remote Notarization Questions and Answers
A Maine notary, authorized to perform remote notarizations, is physically located in their office in Augusta.
They are asked to notarize a document for a signer who is currently traveling in France.
According to Maine law, is this permissible?