MO Notary Remote Online Notarization 2 — Questions and Answers
Question 1: What technology is required for remote online notarization (RON) in Missouri?
- A telephone conference call
- Real-time audio-video communication technology (Correct answer)
- Email with electronic signatures
- A fax machine with verification capability
Correct answer: Real-time audio-video communication technology
Missouri law requires real-time audio-video communication technology for remote online notarization, allowing the notary and signer to see and hear each other simultaneously.
Under Missouri's remote online notarization statutes, the notary and signer must communicate using real-time audio-video technology that allows them to see and hear each other simultaneously throughout the notarization session. This requirement ensures that the notary can verify the signer's identity, observe their demeanor, confirm willingness, and witness any required signatures. Simple telephone calls, emails, or fax communications do not satisfy this requirement. The technology platform must also meet standards for recording the session and maintaining security of the process.
Question 2: Must a Missouri notary record a remote online notarization session?
- No — recording is optional
- Yes — the entire audio-video session must be recorded (Correct answer)
- Only the portion where the document is signed
- Only if the signer consents to recording
Correct answer: Yes — the entire audio-video session must be recorded
Missouri law requires that the entire audio-video session of a remote online notarization be recorded and retained.
Missouri law mandates that the entire audio-video communication session for a remote online notarization be recorded. This recording must capture the full interaction between the notary and the signer, from the identity verification process through the completion of the notarial act. The recording serves as evidence of proper procedure and can be used to verify the notarization if questions arise later. The notary must retain these recordings for the period specified by law, typically at least 10 years. The recording requirement is not optional and applies regardless of signer consent.
Question 3: What additional identity verification method is typically required for RON in Missouri beyond what is required for in-person notarization?
- A DNA sample
- Knowledge-based authentication (KBA) questions (Correct answer)
- A polygraph test
- A reference letter from the signer's employer
Correct answer: Knowledge-based authentication (KBA) questions
Remote online notarization in Missouri typically requires knowledge-based authentication (KBA) questions in addition to credential analysis to verify the signer's identity.
Because the signer is not physically present during a remote online notarization, Missouri law requires enhanced identity verification methods. Knowledge-based authentication (KBA) is commonly required, where the signer must correctly answer a series of questions generated from their personal data (credit history, address history, etc.). These questions are designed to be answerable only by the actual person. KBA is typically used in combination with credential analysis (verifying a government-issued ID through the technology platform). These additional measures compensate for the inability to physically examine identification documents.
Question 4: Can a Missouri notary perform RON for a signer located in another state?
- No — both parties must be in Missouri
- Yes — the signer may be located anywhere as long as the notary is authorized (Correct answer)
- Only if the signer is in a bordering state
- Only for real estate documents
Correct answer: Yes — the signer may be located anywhere as long as the notary is authorized
A Missouri RON-authorized notary can generally perform remote online notarization for signers located in other states or even other countries, as long as the notary complies with Missouri law.
One of the primary advantages of remote online notarization is that it eliminates geographic barriers. A Missouri notary authorized to perform RON can notarize documents for signers located anywhere — in other states or even internationally — as long as the notary complies with Missouri's RON requirements. The notarization is performed under Missouri law because the notary is commissioned in Missouri. However, the signer and notary should verify that the document will be accepted in the jurisdiction where it will be used, as not all states or countries recognize remotely notarized documents.
Question 5: What special registration must a Missouri notary obtain before performing remote online notarizations?
- No special registration — any Missouri notary can perform RON
- Registration as a remote online notary with the Secretary of State (Correct answer)
- A federal notary license from the Department of Justice
- Certification from the American Bar Association
Correct answer: Registration as a remote online notary with the Secretary of State
A Missouri notary must register as a remote online notary with the Secretary of State before performing RON, beyond their standard notary commission.
In Missouri, performing remote online notarization requires more than just a standard notary commission. The notary must apply for and receive separate authorization from the Secretary of State to perform RON. This registration process may include additional education requirements specific to remote notarization, identification of the technology platform the notary will use, and agreement to comply with Missouri's RON-specific rules regarding recording, identity verification, and record retention. A notary who performs RON without this registration is in violation of Missouri law.
Question 6: How long must a Missouri notary retain the recording of a remote online notarization session?
- 1 year
- 5 years
- At least 10 years (Correct answer)
- Permanently
Correct answer: At least 10 years
Missouri law requires notaries to retain RON session recordings for at least 10 years.
Missouri law requires that remote online notarization session recordings be retained for a minimum of 10 years. This extended retention period ensures that the recordings remain available for verification if the notarized documents are challenged or questioned in legal proceedings, which can occur years after the original notarization. The notary is responsible for ensuring secure storage of these recordings, whether through the RON technology provider's platform or another secure storage method. Failure to retain recordings for the required period can result in disciplinary action.
What technology is required for remote online notarization (RON) in Missouri?