Notary Public Remote Online Notarization (RON) — Questions and Answers
Question 1: What technology distinguishes Remote Online Notarization (RON) from traditional in-person notarization?
- A fax machine used to transmit signed documents to the notary
- Audio-visual communication technology allowing real-time, two-way interaction between notary and signer (Correct answer)
- A telephone call in which the signer reads the document aloud
- An email exchange containing scanned copies of identification
Correct answer: Audio-visual communication technology allowing real-time, two-way interaction between notary and signer
RON requires audio-visual communication technology that allows the notary and signer to see and hear each other in real time, even though they are in different physical locations. This real-time observation substitutes for the traditional requirement of physical presence.
Question 2: In a Remote Online Notarization session, which identity verification method is typically required in addition to visual inspection over video?
- The signer emails a photocopy of their driver's license
- Knowledge-based authentication (KBA) questions and/or credential analysis of a government-issued ID (Correct answer)
- The signer provides their Social Security number verbally
- A physical witness must be present with the signer
Correct answer: Knowledge-based authentication (KBA) questions and/or credential analysis of a government-issued ID
RON platforms require identity proofing that goes beyond visual inspection and typically includes dynamic knowledge-based authentication (questions drawn from public records databases) and/or automated credential analysis of a photographed government ID to compensate for the inability to physically inspect the document.
Question 3: For a Remote Online Notarization to be valid, where must the notary be physically located at the time of the session?
- In the same state as the signer
- In the state where they are commissioned and where RON is legally authorized (Correct answer)
- Anywhere in the world, as long as they have a reliable internet connection
- At an office of a licensed RON platform provider
Correct answer: In the state where they are commissioned and where RON is legally authorized
The notarial act in a RON session legally occurs where the notary is physically located. The notary must be in the state that commissioned them and that has authorized RON. The signer may often be located in a different state or even another country, depending on the relevant laws.
Question 4: What is the purpose of tamper-evident technology attached to an electronically notarized document?
- It prevents the signer from printing extra copies of the document
- It alerts any recipient if the document's content has been altered after the notary applied their electronic seal (Correct answer)
- It automatically submits the document to the county recorder
- It encrypts the document so only the notary can open it after signing
Correct answer: It alerts any recipient if the document's content has been altered after the notary applied their electronic seal
Tamper-evident technology (often a cryptographic digital seal or certificate) detects and reveals any modifications made to the document after the notary completed the notarization, preserving the integrity and trustworthiness of the electronic record.
Question 5: Which of the following documents is most commonly EXCLUDED from Remote Online Notarization in states that permit RON?
- Affidavits and sworn statements
- Powers of attorney for financial decisions
- Wills and testamentary documents (Correct answer)
- Real estate purchase and sale agreements
Correct answer: Wills and testamentary documents
Most states that authorize RON explicitly carve out wills and codicils, requiring them to be executed in person with traditional witnessing formalities. The high stakes and strict execution requirements for testamentary documents make them unsuitable for remote execution under most current state laws.
Question 6: Which federal law provides the overarching legal framework supporting the validity of electronic signatures used in electronic and remote online notarization?
- The Gramm-Leach-Bliley Act (GLBA)
- The Electronic Signatures in Global and National Commerce Act (ESIGN Act) (Correct answer)
- The Sarbanes-Oxley Act (SOX)
- The Bank Secrecy Act (BSA)
Correct answer: The Electronic Signatures in Global and National Commerce Act (ESIGN Act)
The federal ESIGN Act (2000) establishes that electronic signatures and electronic records have the same legal force and effect as their paper and ink counterparts in interstate commerce, providing the foundational federal authority for electronic and remote notarization.
Notary Public Remote Online Notarization (RON)
What technology distinguishes Remote Online Notarization (RON) from traditional in-person notarization?