Quick Summary
Electronic signatures can be notarized mainly through Remote Online Notarization (RON), which uses secure digital tools and video verification. While legally recognized in many jurisdictions, some documents are excluded, and compliance requirements vary. The process ensures identity verification, tamper-evident records, and audit trails, making notarizations secure, efficient, and legally valid.
Wondering If Electronic Signatures Can Be Notarized?
Imagine you’ve just finished preparing an important contract or legal document. You hit “send” to get it signed electronically, only to remember it also needs notarization.
Suddenly, questions start piling up: Is it even possible? What rules apply? How can you do it without printing, scanning, or mailing anything?
For businesses and individuals who rely on speed and convenience, this can quickly become a frustrating roadblock.
In this SignWell article, we’ll guide you through the essentials of notarizing electronic signatures, how they work, which documents qualify, key legal considerations, and best practices.
But first…
Why Listen to Us?
At SignWell, we’ve helped over 65,000 businesses securely sign and manage more than 10 million documents. With years of experience in eSignatures, digital workflows, and notarization processes, we understand the challenges our clients face. This expertise enables us to provide clear, practical guidance on safely and effectively notarizing electronic signatures.
Understanding the Basics
Before we dive into whether notarization works for electronic signatures, it’s important to understand some key concepts that underpin digital signing and notarization.
Electronic Signature vs. Digital Signature
While often used interchangeably, electronic signatures and digital signatures are different.
- Electronic Signature: Any electronic process that indicates intent to sign a document, such as a typed name, a scanned image, or a clicked checkbox. Its primary purpose is to show agreement, but it does not inherently verify the signer’s identity or prevent tampering.
- Digital Signature: Uses cryptographic technology (PKI) to secure the document, verify the signer’s identity, and ensure the document hasn’t been altered. For notarization, digital signatures provide stronger authentication and tamper-proofing.
Electronic Notarization (eNotarization)
eNotarization refers to notarizing a document in electronic form. Both the signer and the notary use digital tools, and the notary applies an official electronic seal. In traditional eNotarization, the signer still appears physically before the notary; the difference is that the document and signatures are digital.
Remote Online Notarization (RON)
RON takes electronic notarization a step further by eliminating the need for physical presence. Signers and notaries connect through a secure live video call. The notary verifies identity, witnesses the signing, and applies their electronic signature and seal remotely. This method provides convenience, accessibility, and legal compliance in jurisdictions that permit RON.
Is It Possible to Notarize an Electronic Signature?
Building on the concepts of eNotarization and RON, the short answer is: yes, but typically through Remote Online Notarization (RON) in the United States. This method allows a notary to verify a signer’s identity and witness their signature using secure digital tools, even when the signer isn’t physically present.
RON follows the same legal principles as traditional notarization, providing the same authenticity and legal weight. The difference is convenience: the entire process, identity verification, signing, and application of the notary’s electronic seal, can be completed entirely online.
Legal Foundations & Recognition for Electronic Notarization
Electronic notarization is legally recognized in many regions, but the rules that govern it differ depending on the jurisdiction. While a notary’s role: verifying identity, witnessing signatures, and preventing fraud, remains the same, the way these duties are performed digitally is defined by specific laws and regulations.
United States
- Governed by the ESIGN Act (federal) and the Uniform Electronic Transactions Act (UETA) (state level).
- Remote Online Notarization (RON) is authorized in many states, with specific rules for notary location, technology, and record-keeping.
- Certain documents, like wills and testamentary trusts, are often excluded from electronic notarization.
European Union
- eIDAS Regulation sets standards for electronic signatures and notarization across member states.
- Qualified Electronic Signatures (QES) carry the same legal effect as handwritten signatures.
- Qualified electronic seals function similarly to a notary’s stamp and ensure cross-border recognition.
How Electronic Notarization Works
As discussed earlier, electronic notarization can be conducted in person (eNotarization) or remotely (RON). However, Remote Online Notarization (RON) is the most common method used today.
Here’s how the process typically works:
1. Document Upload
The signer or sender uploads the document (PDF, Word, etc.) to a secure RON platform. Fields for signatures, initials, and dates can be pre-designated, and templates allow for quick preparation of frequently notarized documents.
SignWell makes this step even easier. You can upload your file, drag-and-drop signature fields, and share a secure link, all before connecting with a notary for the live video session.
2. Identity Verification
Before signing, the signer must verify their identity:
- Government ID Analysis: Upload or capture a photo of an ID; the system checks authenticity.
- Knowledge-Based Authentication (KBA): Answer questions derived from personal credit or public records.
- Biometrics & Credential Analysis: Facial recognition, selfie matching, and sometimes AI deepfake detection ensure the signer’s identity.
3. Live Video Session
The signer and a commissioned notary meet via secure video call, fulfilling the legal requirement of “personal appearance.”
- The notary reviews the document, confirms understanding, and witnesses the electronic signature.
- Witnesses, if required, may join remotely.
4. Execution & Notarial Certificate
After signing:
- The notary applies their electronic signature and digital seal.
- A digital notarial certificate is added with all required details (date, venue, type of act).
- An electronic journal entry is recorded for legal compliance.
5. Completion & Recordkeeping
The notarized document is finalized in a tamper-evident format, with copies shared with the signer. The platform securely stores:
- The completed document
- Audio-video recording of the session
- Notary’s journal entry
- Comprehensive audit trail
These records are retained for legal purposes, often for several years, ensuring a fully verifiable notarization process.
Key Benefits of Electronic Notarization
Convenience & Accessibility
Complete notarizations anytime, anywhere, eliminating travel, scheduling conflicts, or mobility barriers. Remote parties can participate seamlessly.
Enhanced Security & Audit Trail
Digital notarization platforms offer strong security measures, including encrypted communications, tamper-evident seals, and multi-factor authentication.
For example, e-signature platforms like SignWell automatically generate a tamper-evident record for every document, logging viewer and signer activity to provide a clear legal history.
Many sessions also include secure video recordings, providing a legal record often stronger than paper.
Speed & Efficiency
Transactions that once took days can now be completed in a single online session, often under 30 minutes, accelerating real estate closings, business deals, and other time-sensitive documents.
Cost Reduction
Saving on travel, printing, and courier fees, electronic notarization can significantly cut costs, especially for lenders, law firms, and businesses handling high volumes of documents.
Common Documents for Electronic Notarization
Electronic notarization works for a wide range of documents:
- Real Estate Documents: This includes deeds, mortgages, title transfers, and closing paperwork, which is ideal when parties are located in different places.
- Powers of Attorney (POA): These documents grant legal authority for financial, healthcare, or property decisions, and remote online notarization ensures they can be executed quickly with a strong audit trail.
- Affidavits: Sworn statements used for court filings, legal claims, or other official purposes, with secure digital records that enhance reliability and evidentiary value.
- Business and Loan Agreements: Contracts, partnership agreements, and commercial loan documents benefit from faster processing for geographically dispersed signers. Using an e-signature solution like SignWell with templates can make preparation and sending faster and more accurate.
- Wills and Estate Documents: Where permitted by law, electronic notarization makes estate planning documents more accessible and easier to update.
Limitations and Critical Considerations
While electronic notarization and Remote Online Notarization (RON) offer convenience and security, their use is not universal and comes with important constraints:
Jurisdictional Restrictions
Not all states or countries allow electronic notarization or RON for every document. Laws vary by jurisdiction, and even where RON is authorized, requirements differ. A notarization is generally valid if the notary is located in a jurisdiction that permits RON and follows that jurisdiction’s rules.
Document Exclusions
Some documents are often excluded from electronic notarization, including:
- Wills, codicils, and testamentary trusts typically require physical execution.
- Court documents such as divorce decrees or custody agreements.
- Marriage certificates: usually require in-person procedures.
- Documents involving physical property transfers, like certain real estate deeds or vehicle titles; restrictions vary by state.
Notary Compliance
Not all notaries are authorized to perform electronic or remote notarizations. Requirements may include:
- Special registration and training to become an electronic or remote online notary.
- Strict recordkeeping: maintaining an electronic journal and, in some states, video recordings of each session.
- Approved technology: using secure platforms that meet state standards.
It’s also important to ensure your document is ready for the notary. Not all documents require formal notarization; for many agreements, a legally binding e-signature from a compliant platform like SignWell is sufficient, saving time and cost.
Technology Requirements
A successful electronic notarization depends on reliable technology:
- Stable internet connection, functional webcam, and microphone.
- Secure identity verification methods, such as government ID checks and knowledge-based authentication.
- Comfort with the chosen RON platform to navigate the signing and notarization process.
Streamline Your Electronic Notarizations with SignWell
Notarizing electronic signatures doesn’t have to be complicated or time-consuming. With Remote Online Notarization, you can complete legally valid notarizations entirely online, saving travel, time, and hassle while maintaining the same security and legal credibility as traditional notarization.
SignWell makes the process seamless by combining secure e-signatures with organized workflows, tamper-evident audit trails, and easy document preparation. Basically, SignWell ensures your documents are ready for notarization and compliant with legal standards, giving you confidence every step of the way.
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