Notary Public Technology & Tools 5 — Questions and Answers
Question 1: Which of the following best describes an 'electronic signature' as used in electronic notarization?
- A scanned image of a handwritten signature only
- Any electronic sound, symbol, or process logically associated with a document and executed by a person with intent to sign (Correct answer)
- A signature typed in a cursive font
- A signature captured only on a touch-screen device
Correct answer: Any electronic sound, symbol, or process logically associated with a document and executed by a person with intent to sign
Under the ESIGN Act and UETA, an electronic signature is broadly defined as any electronic process that a person uses with the intent to sign a document.
Question 2: A notary performing an in-person electronic notarization (IPEN) still requires the signer to:
- Mail a physical copy of the document afterward
- Appear in person before the notary at the time of signing (Correct answer)
- Use the notary's own device to sign
- Obtain a digital certificate issued in their own name
Correct answer: Appear in person before the notary at the time of signing
IPEN requires physical presence of the signer before the notary just like traditional notarization, but the document and signatures are handled electronically.
Question 3: Which federal law, along with UETA, provides the legal framework for the validity of electronic signatures in the United States?
- The Sarbanes-Oxley Act
- The Electronic Signatures in Global and National Commerce (ESIGN) Act (Correct answer)
- The Gramm-Leach-Bliley Act
- The Digital Millennium Copyright Act
Correct answer: The Electronic Signatures in Global and National Commerce (ESIGN) Act
The ESIGN Act of 2000 establishes that electronic signatures and records have the same legal standing as their paper counterparts for most transactions.
Question 4: What is the purpose of a 'notarial certificate' attached to an electronically notarized document?
- To replace the notary's digital seal
- To state the facts of the notarial act, such as type of act and date, in a legally required format (Correct answer)
- To certify the document's contents are accurate
- To list all witnesses present during signing
Correct answer: To state the facts of the notarial act, such as type of act and date, in a legally required format
The notarial certificate is the official wording that records the type of notarial act, jurisdiction, date, and the notary's commission details, and must comply with state-prescribed language.
Question 5: Which of the following scenarios correctly describes a permissible use of a notary's electronic seal?
- Sharing the seal image file with a colleague to use in an emergency
- Applying it to an electronically signed document during an authorized notarial act (Correct answer)
- Embedding it in a document template for clients to self-apply
- Using it on documents after the commission has expired
Correct answer: Applying it to an electronically signed document during an authorized notarial act
The notary's electronic seal may only be applied by the notary themselves during an active, authorized notarial act within their commission period.
Question 6: In a RON session, if the audio-visual connection is interrupted before the notarization is complete, what should the notary do?
- Complete the notarization based on the session up to that point
- Halt the session and restart once a stable connection is re-established (Correct answer)
- Switch to a phone call to finish the session
- Have the signer email the signed document instead
Correct answer: Halt the session and restart once a stable connection is re-established
An interrupted RON session means the continuous audio-visual requirement is broken; the notary must stop and restart the session with a stable connection to comply with state RON standards.
Question 7: What is the role of a 'trust service provider' (TSP) in electronic notarization?
- To act as a witness on behalf of the signer
- To issue and manage the digital certificates used to authenticate electronic signatures and seals (Correct answer)
- To store completed notarized documents indefinitely for free
- To approve the content of documents before notarization
Correct answer: To issue and manage the digital certificates used to authenticate electronic signatures and seals
A trust service provider issues the digital certificates that cryptographically authenticate the identities of signers and notaries in electronic notarization workflows.
Notary Public Technology & Tools 5
Which of the following best describes an 'electronic signature' as used in electronic notarization?