IN Notary Remote Online Notarization (RON) 2 — Questions and Answers
Question 1: What technology requirement is essential for conducting a Remote Online Notarization (RON) in Indiana?
- A fax machine for document transmission
- Audio-video communication technology that allows real-time interaction (Correct answer)
- A physical stamp that can be applied to digital files
- An encrypted USB drive containing the notary's seal
Correct answer: Audio-video communication technology that allows real-time interaction
RON requires real-time audio-video communication technology so the notary and signer can see and hear each other simultaneously.
Indiana's Remote Online Notarization law (IC 33-42-16) requires that RON be performed using audio-video communication technology that allows the notary and the signer to communicate simultaneously in real time. Both parties must be able to see and hear each other throughout the notarization. This real-time requirement distinguishes RON from asynchronous digital document systems. The technology platform must also meet Indiana's specific security and record-keeping requirements, including the ability to create and retain audio-visual recordings of the notarization.
Question 2: Under Indiana's RON law, may an Indiana-commissioned notary perform RON for a signer located in another state?
- No, the signer must be physically present in Indiana
- Yes, as long as the notary is physically located in Indiana during the notarization (Correct answer)
- Yes, but only if the signer is a U.S. citizen
- No, RON is only valid for Indiana residents
Correct answer: Yes, as long as the notary is physically located in Indiana during the notarization
Under Indiana RON law, the notary must be physically located in Indiana. The signer may be located anywhere, even outside the state.
Indiana Code 33-42-16 provides that an Indiana-commissioned notary performing a remote online notarization must be physically present in Indiana at the time of the act. The signer, however, may be located anywhere — in another state, or even outside the United States. The notarial act is considered to occur in Indiana because the notary is in Indiana. This flexibility is one of the key benefits of RON, enabling Indiana notaries to serve signers across the country and globally.
Question 3: What type of signature does an Indiana notary use when performing a Remote Online Notarization?
- A wet ink signature on a paper certificate mailed to the signer
- An electronic signature and electronic seal applied to the electronic document (Correct answer)
- A scanned image of the notary's handwritten signature
- Only a typed name — no seal is required for RON
Correct answer: An electronic signature and electronic seal applied to the electronic document
RON requires the notary to use an electronic signature and electronic seal applied to the electronic document being notarized.
When performing a Remote Online Notarization in Indiana, the notary uses an electronic signature and an electronic notarial seal (also called an electronic stamp or digital seal) that are applied to the electronic document. These electronic tools are the digital equivalent of the notary's physical ink signature and embossing or rubber stamp seal. Indiana requires that the notary's electronic signature and seal be attached to or logically associated with the document in a way that makes tampering evident. The RON platform typically provides the tools for applying these electronic credentials.
Question 4: How long must an Indiana notary retain the audio-visual recording of a Remote Online Notarization session?
- 1 year
- 3 years
- 10 years (Correct answer)
- 7 years
Correct answer: 10 years
Indiana RON law requires notaries to retain audio-visual recordings of RON sessions for at least 10 years.
Indiana Code 33-42-16 requires that the audio-visual recording of a remote online notarization be retained for at least 10 years. This extended retention period ensures that evidence of the notarization — including the signer's identity verification, the real-time interaction, and the signing — is available in case of future disputes, litigation, or investigations. The recording may be retained by the notary directly or through a RON technology provider, but the notary remains responsible for ensuring the retention requirement is met.
Question 5: Which of the following is an acceptable method of identity verification under Indiana's RON law?
- The signer holding up their ID to the camera without any automated verification
- Knowledge-based authentication (KBA) combined with credential analysis of the signer's government-issued ID (Correct answer)
- A simple typed statement by the signer confirming their identity
- The notary's personal knowledge alone, without any technology-based verification
Correct answer: Knowledge-based authentication (KBA) combined with credential analysis of the signer's government-issued ID
Indiana RON law requires multi-factor identity proofing including knowledge-based authentication (KBA) and credential analysis.
Indiana Code 33-42-16 requires that identity verification for RON meet enhanced standards because the signer is not physically present. Acceptable identity proofing methods include: knowledge-based authentication (KBA) — a dynamic quiz based on public and private data that only the actual person should be able to answer — combined with credential analysis of a government-issued ID presented to the camera, which uses technology to verify the document's authenticity. Merely holding up an ID without automated verification, or relying solely on a typed statement or personal knowledge, does not meet Indiana's RON identity verification standards.
Question 6: An Indiana notary registered for RON must use an approved RON technology platform. Who approves these platforms in Indiana?
- The individual notary selects any platform they find convenient
- The Indiana Secretary of State maintains a list of approved RON technology providers (Correct answer)
- The Indiana Supreme Court certifies RON platforms
- Federal agencies certify RON platforms for all states
Correct answer: The Indiana Secretary of State maintains a list of approved RON technology providers
The Indiana Secretary of State oversees RON platform approval and maintains a list of authorized technology providers.
Indiana Code 33-42-16 authorizes the Indiana Secretary of State to establish requirements for remote online notarization technology platforms, including criteria for approval. Notaries must use platforms that meet Indiana's standards for security, identity verification, audio-visual quality, electronic signature compliance, and record retention. The Secretary of State's office provides guidance on what constitutes an approved or compliant platform. Using an unapproved platform may invalidate the notarization and subject the notary to disciplinary action.
What technology requirement is essential for conducting a Remote Online Notarization (RON) in Indiana?