What Is Remote Online Notarization (RON)? And Is It Legal?

Helpful Summary

• Overview: We do a deep dive into remote online notarization (RON), explaining the process, benefits, use cases, and legal status in the United States and abroad.
• Why you can trust us: At SignWell, we’ve streamlined the document signing process for more than 61,000 businesses and individuals. We’re always up to date on the latest notary laws and regulations.
• Why it matters: RON enhances convenience, reduces fraud, and provides secure, accessible notarization, which is especially important in today’s remote work environment.
• Action points: Utilize RON to notarize documents remotely, ensuring they are legally binding and secure.
• Further research: Visit the SignWell blog for more information on remote online notarization and e-signing.

Wondering About Remote Online Notaries?

Notarization has evolved from a tedious, paper-based process to a faster, remote online system (RON). Many people, unhappy with old-school notaries, now use remote notaries. These notaries use electronic signatures, a technology gaining traction in various industries.

Remote notarization makes businesses more efficient and reduces risks and fraud. Many states have passed laws allowing remote notarization, a trend that has grown with the rise of hybrid and remote work setups.

This SignWell guide will explore remote online notarization, its benefits, use cases, and legal status in the United States.

Let’s get started!

Why Listen to Us?

At SignWell, we’ve helped businesses and individuals streamline their document signing process, which is what notary professionals need to witness.

With tons of experience in document signing, we address common pain points like time-consuming processes and document tracking. SignWell makes this part of notarization accessible and secure, ensuring a smooth experience for all parties involved.

What Is Remote Online Notarization?

RON allows documents to be notarized in electronic form, with the signer using an electronic signature and appearing before a commissioned remote online notary. This makes it possible to sign and notarize documents over the Internet, offering a faster and easier process.

You may wonder, “Is this legit? Is this secure?”

This type of notarization retains all the core components of traditional, paper-based, in-person notarizations but adds extra layers of technology and security. These enhancements provide greater insight and confidence, ensuring that integrity remains central to the notarization process. 

In fact, it may even be more secure than traditional notarizations.

The Benefits of Remote Online Notarization

More Convenient & Affordable

By choosing RON, signers can sign and notarize agreements remotely. They won’t need to spend time and money visiting a physical location, making the notarization process more accessible.

The same goes for notaries. That’s why RON is often much cheaper than in-person notarization.

Fraud Mitigation

Remote notarization is a powerful anti-fraud measure. The IDs of all signers and the notary public are verified rigorously before signing, and the verification process is documented so that it can be reviewed later.

There are a few methods a RON might use to prevent fraud:

• ID document verification: This is the bare minimum requirement for RON. Your ID documents are verified using an online service before you’re able to sign the document(s).
• Knowledge-based authentication: Many states require knowledge-based authentication in addition to ID document verification. To confirm your identity, you’ll be asked to answer questions about your background (past addresses, previous loans, etc.).
• Digital certificates: These are high-level security features that use public and private key encryption to ensure the authenticity of the document and all parties involved. This is especially important for sensitive documents.

Security and Enforceability

In addition to the measures mentioned above, remote online notarization also ensures security and enforceability through the following methods:

• Tamper-evident technology: RON platforms use tamper-evident technology to detect any changes made to the document after it has been signed. This adds an extra layer of protection against fraud.
• Audit trail: Every step of the notarization process is recorded in a detailed audit trail, including dates, times, and IP addresses. This provides a clear record of all actions taken and serves as evidence in case of disputes.
• Notary journal: Just like traditional notarization, RON requires the notary to keep a journal of all transactions. This helps ensure that proper procedures were followed and can be used as evidence in case of any legal issues.

The Legality of Remote Online Notarization in the United States

Currently, 47 states have passed permanent laws on remote notarization. 

The only states where RON is not permitted are:

• Georgia
• Mississippi
• South Carolina

While the other states do allow RON in some capacity, note that each state has specific regulations and requirements for online notarization, such as identity verification processes and record-keeping protocols.

So, before you start hunting for a RON service, make sure you understand what’s required.

What About International Remote Online Notarization?

International approaches to RON vary quite a bit. Countries have very different rules regarding the process, tools, and overall legality of remote notarization. In almost all cases, you’ll need to use local RON services when dealing with international documents.

Here’s a quick summary of some international RON approaches:

• European Union: The EU’s eIDAS Regulation is the framework that guides electronic signatures and trust services (like RON). But… how this regulation is applied varies between member states. Some EU countries (like Estonia and Spain) are more open to RON. Others (like Germany and France) are more traditional regarding notarizations.
• Canada: Canada’s RON regulations vary from province to province. Ontario has been a leader in implementing RON. BC and Alberta have also introduced regulations permitting RON, but some pretty strict regulations govern the process.
• Australia: New South Wales and Victoria allow electronic notarization (including RON). Australia is working on a national regulation to standardize the electronic notarization process across all states… but there’s no word on when this will happen.
• United Kingdom: The UK is slowly but surely embracing RON, but traditional notarization methods are still the norm. The UK Law Commission is reviewing electronic trust services like RON, but for now, there’s no overarching legal framework governing RON.
• Asia: Acceptance of RON varies widely. Singapore has started to accept certain forms of electronic notarization, but RON specifically is still not commonly accepted. Japan, South Korea, and China all have very strict notarization laws—RON is not widely accepted yet.
• Latin America: Acceptance for RON has been slow. Countries generally have more traditional approaches to notarization. Brazil has introduced legislation to fully embrace RON. Mexico has introduced some electronic notarization laws, but RON remains limited.

What Types of Documents Can You Notarize Using RON?

The documents that you can notarize with RON vary slightly from state to state (and country to country).

However, there are a few documents that can likely be notarized using RON in states where RON is permitted:

Real Estate Documents:

• Deeds (Warranty Deed, Quitclaim Deed, etc.)
• Mortgages and Deeds of Trust
• Property Transfer Documents
• Lease Agreements (for longer terms or certain types)
• Easements

Estate Planning Documents:

• Wills and Codicils
• Living Trusts
• Advance Health Care Directives
• Powers of Attorney (General, Durable, Medical)
• Beneficiary Designations

Financial Documents:

• Loan Agreements
• Promissory Notes
• Financial Statements
• Bank Transfer Forms
• Stock Transfer Forms

Business Documents:

• Articles of Incorporation
• Bylaws and Operating Agreements
• Partnership Agreements
• Business Licenses
• Commercial Leases
• Vendor Contracts

Legal Documents:

• Affidavits
• Sworn Statements
• Divorce Papers (e.g., settlement agreements)
• Adoption Papers
• Court Documents (certain types of filings, affidavits, etc.)
• Employment Contracts

Government Forms:

• Applications for Public Benefits
• Immigration Documents (e.g., Affidavit of Support)
• Passport Application Forms (for minors, etc.)

Personal Documents:

• Marriage Licenses
• Consent Forms (for travel, medical treatment, etc.)
• School Forms (certain permissions and affidavits)
• Personal Agreements (loan agreements between individuals, etc.)

International Documents:

• Documents for use in foreign countries (often require an apostille)
• Visa Applications
• International Adoption Documents

Conclusion

Whether you are a property buyer finalizing your purchase with a seller or an elderly person who wants to grant their adult child the power of attorney to manage their financial and medical affairs, notarization is an essential part of making sure your documents are legally binding.

However, the most common form of notarization—paper-based and in-person—can be extremely time-consuming. This is why individuals and businesses are now turning to remote online notarization. RON streamlines processes, enhances accessibility, and ensures security, marking a pivotal advancement in notarial services.

Looking for a tool that simplifies e-signing? 

At SignWell, we give businesses and individuals access to a secure, efficient, and legally binding e-signing workflow. While we don’t offer RON services, we incorporate many of the same security features—including tamper-proof documents and detailed audit trails—to ensure your documents hold weight.

Sign up now for free to get started.