Remote Online Notarization (RON) Flashcards

What technology distinguishes Remote Online Notarization (RON) from traditional in-person notarization?

Answer: Audio-visual communication technology allowing real-time, two-way interaction between notary and signer

RON requires audio-visual communication technology that allows the notary and signer to see and hear each other in real time, even though they are in different physical locations. This real-time observation substitutes for the traditional requirement of physical presence.

In a Remote Online Notarization session, which identity verification method is typically required in addition to visual inspection over video?

Answer: Knowledge-based authentication (KBA) questions and/or credential analysis of a government-issued ID

RON platforms require identity proofing that goes beyond visual inspection and typically includes dynamic knowledge-based authentication (questions drawn from public records databases) and/or automated credential analysis of a photographed government ID to compensate for the inability to physically inspect the document.

For a Remote Online Notarization to be valid, where must the notary be physically located at the time of the session?

Answer: In the state where they are commissioned and where RON is legally authorized

The notarial act in a RON session legally occurs where the notary is physically located. The notary must be in the state that commissioned them and that has authorized RON. The signer may often be located in a different state or even another country, depending on the relevant laws.

What is the purpose of tamper-evident technology attached to an electronically notarized document?

Answer: It alerts any recipient if the document's content has been altered after the notary applied their electronic seal

Tamper-evident technology (often a cryptographic digital seal or certificate) detects and reveals any modifications made to the document after the notary completed the notarization, preserving the integrity and trustworthiness of the electronic record.

Which of the following documents is most commonly EXCLUDED from Remote Online Notarization in states that permit RON?

Answer: Wills and testamentary documents

Most states that authorize RON explicitly carve out wills and codicils, requiring them to be executed in person with traditional witnessing formalities. The high stakes and strict execution requirements for testamentary documents make them unsuitable for remote execution under most current state laws.

Which federal law provides the overarching legal framework supporting the validity of electronic signatures used in electronic and remote online notarization?

Answer: The Electronic Signatures in Global and National Commerce Act (ESIGN Act)

The federal ESIGN Act (2000) establishes that electronic signatures and electronic records have the same legal force and effect as their paper and ink counterparts in interstate commerce, providing the foundational federal authority for electronic and remote notarization.