remote online notary association

Introduction

As Remote Online Notarization (RON) continues to gain traction, notaries must stay informed about the legal landscape surrounding this digital transformation. Laws and regulations vary by state, and failing to comply can lead to serious consequences.

So, what do you need to know to legally perform RON and ensure you’re following the right protocols? Let’s break it down.

Is Remote Online Notarization (RON) Legal in Your State?

While RON is legal in many U.S. states, the rules differ across jurisdictions. Some states have fully adopted RON, while others have limitations or require additional authorization.

Here’s how to check if RON is legal in your state:

• Visit your state’s Secretary of State website for up-to-date information.

• Look for state-specific RON legislation and guidelines.

• Confirm whether you need an additional RON commission or certification.

Some states only allow in-state clients, while others permit interstate and even international notarizations. Knowing these details ensures you stay compliant.

Key Legal Requirements for Performing RON

RON comes with strict security and compliance measures to protect both notaries and signers. Here are the key legal components:

1. Identity Verification & Credential Analysis

   • States require multi-factor authentication (MFA), including:

   • • Knowledge-Based Authentication (KBA) – The signer answers personal security questions.

     • Credential Analysis – The signer’s ID is scanned and verified using advanced software.

2. Audio-Video Recording & Retention

   • Most states mandate that RON sessions be recorded and stored for a set period (often 5-10 years) in case of disputes.

3. Use of Approved RON Platforms

   • Notaries must use state-approved RON platforms that offer secure document handling, digital signatures, and encryption.

4. Electronic Notarial Journal

   • Many states require notaries to maintain a digital journal to record details of each transaction, similar to traditional paper logs.

5. Tamper-Proof Digital Signatures & Seals

   • Notaries must use a unique digital certificate to apply their electronic seal, ensuring documents cannot be altered post-signing.

Understanding Your Liability as a RON Notary

Just like traditional notarial acts, RON carries legal responsibilities. Notaries must ensure:

• They are properly commissioned and authorized to perform RON.

• They do not notarize fraudulent documents or violate identity verification laws.

• They keep accurate records to protect themselves from legal disputes.

Failure to follow these regulations can result in penalties, loss of commission, or even legal action.

How to Stay Compliant and Protect Your Notary Business

To ensure you’re always in compliance with RON laws, follow these best practices:

• Stay Informed – Regularly check for law updates in your state. Laws are constantly evolving.
• Use Secure Technology – Only work with state-approved RON platforms that meet compliance standards.
• Keep Records Organized – Maintain a well-documented electronic journal and back up recordings safely.
• Continue Your Education – Take RON training courses to stay updated on industry changes.
• Obtain Errors & Omissions (E&O) Insurance – This protects you from legal claims due to accidental errors.

Final Thoughts

Understanding the legal framework of Remote Online Notarization is crucial for notaries who want to offer secure and compliant services. By staying informed and following your state’s requirements, you can confidently grow your RON business while protecting yourself from legal risks.

Have questions about RON laws in your state? Become a RONA member for expert guidance and exclusive resources!