remote online notary association

How to become a Remote Online Notary in A:

If you're a Texas Notary and want to start performing notarizations online, it's been possible since July 1, 2018! Here's how to become an authorized remote online notary in Texas:

• Be a commissioned Notary Public in Texas: You must already hold a valid commission as a traditional notary public in the state.
• Choose a RON vendor: Select a Remote Online Notarization (RON) vendor that is approved by the Texas Secretary of State.
• Purchase a digital certificate and eSeal: Obtain a digital certificate containing your electronic signature and an electronic seal (eSeal) that are compatible with your chosen RON vendor. The digital certificate must meet specific requirements, including being X.509 compliant and issued by a third-party provider.
• Complete the online application: Fill out the Online Notary Application form on the Texas Secretary of State website.
• Sign the Statement of Officer form: Use your new digital certificate and eSeal to sign the Statement of Officer form within the application.
• Pay the application fee: Submit the $50 application fee along with a 2.7% processing fee.

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Requirements to be a Remote Online Notary (RON) in Texas State:

A Texas notary public can perform an online notarization only when physically present in Texas, regardless of the signer's location. Should questions arise about a document during notarization, consult the document's author for clarification. The notary's role is not to revise the document itself, except for the notarial certificate section. Editing notarial certificates in electronic documents may be limited, and returning the document to the drafter for corrections might be necessary in such cases.

Texas Government Code §406.109 mandates online notaries to ensure their registered devices for creating electronic signatures are up-to-date and valid. These devices and signatures should be used exclusively for online notarizations, with traditional signatures reserved for in-person notarization of paper documents (Tex. Gov't Code §406.109(c).

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What's needed to perform online notarizations in Texas State: 

Tex. Gov't. Code § 406.108(b) mandates that online notaries maintain a secure electronic record for each notarization, including:

• Date and Time: The precise date and time of the notarial act.
• Type of Notarial Act: Whether it was an acknowledgment, jurat, or other act.
• Document Details: The type, title, or a description of the notarized electronic document.
• Principal Information: The printed name and address of each person involved in the transaction.
• Evidence of Identity: Detailed proof of each principal's identity, which can be:
  • A statement of personal knowledge by the notary.
  • A record of the type of identification document presented.
  • Documentation of identity verification under Section 406.110, if used.
  • If a credible witness was used:
    • Their printed name and address.
    • The type of identification they provided, if not personally known to the notary.
• Audio-Visual Recording: If applicable, a recording of any video/audio conference used for identity verification, along with a note on the type of identification presented.
• Notary Fee: The amount charged for the notarization, if any.

NOTE:

1 T.A.C. §87.50 prohibits online notaries from recording certain personal information, including:

• Government-issued identification numbers (e.g., Social Security numbers).
• Other identifying numbers unique to the signer.
• Biometric data, such as fingerprints.

However, recording numbers related to mailing addresses is allowed.

Notary records are public information, and certified copies must be provided upon request and payment of fees.

Per Tex. Gov't Code §406.108(b), online notaries are required to:

• Ensure the integrity, security, and authenticity of online notarizations.
• Maintain a secure backup of electronic records.
• Protect backup records from unauthorized use.

Furthermore, Tex. Gov't Code §406.109(b) mandates that online notaries keep their electronic record, signature, and seal secure and under their exclusive control.

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Frequently Asked Questions (FAQ)

• Do I need to keep an electronic record of an online notarization that I do not charge for?
  

Yes.  Every online notarization must be recorded in the notary’s electronic record and the record must include the information required by Tex. Gov’t Code §406.108, including a recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence.

• How much can online notaries charge for their services?

Online notaries may charge up to $25 for each notarization they perform in addition to regular notary charges.  Online notaries are not required to charge for their services, but they are allowed to charge up to $25 plus the regular notary fees authorized by Tex. Gov’t Code §406.024.

***For example:

1. If an online notary notarizes the signature of one person, the charge will be $35, i.e. $25 + $10 = $35;
2. If an online notary notarizes the signatures of two persons named in the same notarial certificate, the charge will be $36, i.e. $25 + $10 + $1 = $36;
3. If an online notary notarizes the signatures of two persons, and there are separate notarial certificates for each signing party, the charge will be $70, i.e. $25 + $10 for the first notarization and $25 + $10 for the second notarization, which totals $70.

• Do online notaries public need to obtain a bond in addition to the bond required to be a traditional notary? No.

• How long is the term of an online notary?
  

An online notary’s term runs concurrently with the term of that notary’s traditional commission.  For example, Jane Doe, a traditional notary, holds a commission that expires on January 16, 2019, and obtains her commission as an online notary on September 1, 2018.  Jane Doe’s online notary commission will expire on the same date as her traditional notary commission; namely, January 16, 2019.  When it is time to renew her online notary public commission, Jane Doe must renew her traditional notary public commission before renewing the online commission if she wants to continue to act as an online notary public, as the term of the online commission runs concurrently with the term of her traditional commission.  If Jane Doe no longer wants to perform online notarizations, she has the option of simply renewing her traditional notary public commission and not renewing her online commission. 

• How long must an online notary keep the electronic record of the notarizations performed by the notary (including the video and audio record of the notarization)?
  

Five (5) years from the date of notarization.  

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IMPORTANT LINKS

****Click the link below to access the Texas State Electronic Notary Application

Texas State Online Notary Application

****Click the link below to download a copy of the Texas State Government Code (For notaries)

Chapter 406 of the Texas Government Code

****Click the link below to download a copy of the Texas State General Provisions

Title 1, Part 4, Chapter 87 of the Texas Administrative Code

****Click the link below to get practice specific to your state

Chapter 121 of the Texas Civil Practice and Remedies Code

****Click the link below to get your digital certificate with Identrust

Get Your Digital Certificate

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**If you have questions, please check out the TX Government Code and Provisions links above. It's important to follow and research your state legislative laws. If you still have questions, you can send us an email at info@ronassociation.org OR reach out directly to your Secretary of State (SOS) at:

Government Support
(334) 242-5325
notaries.public@sos.alabama.gov