RON RON Electronic Signatures and Seals 2 — Questions and Answers
Question 1: What happens to the legal validity of an electronic notarial seal if the notary's commission has expired?
- The notarization is void or voidable because only a currently commissioned notary has authority to notarize (Correct answer)
- The seal remains valid for 30 days after commission expiration as a grace period
- The notarization is valid as long as the digital certificate has not yet expired
- The notarization remains valid because digital seals are permanent once applied
Correct answer: The notarization is void or voidable because only a currently commissioned notary has authority to notarize
A notary who has let their commission expire has no legal authority to perform notarial acts, making any notarization performed with an expired commission void or voidable.
Question 2: What is the legal effect of a 'wet ink' signature being replaced by an electronic signature in a RON mortgage closing under the ESIGN Act?
- The electronic signature has the same legal effect as a wet ink signature for most mortgage documents (Correct answer)
- Electronic signatures are never valid for mortgage documents regardless of ESIGN
- The ESIGN Act only applies to consumer contracts, not real estate mortgages
- Wet ink signatures remain required for all mortgage documents by federal law
Correct answer: The electronic signature has the same legal effect as a wet ink signature for most mortgage documents
The ESIGN Act establishes that electronic signatures carry the same legal weight as wet ink signatures for most contracts, including many mortgage documents, enabling fully electronic loan closings.
Question 3: What is an 'eNotarization' as distinguished from a traditional remote online notarization (RON)?
- eNotarization may refer to electronic notarization performed in-person; RON specifically involves remote identity proofing via audio-visual technology (Correct answer)
- eNotarization is an older term for the same process as RON
- eNotarization requires a physical meeting; RON does not require any verification
- eNotarization is performed by electronic systems without a human notary; RON requires a live notary
Correct answer: eNotarization may refer to electronic notarization performed in-person; RON specifically involves remote identity proofing via audio-visual technology
eNotarization broadly refers to notarization using electronic records and signatures, including in-person sessions where documents are signed electronically; RON specifically involves remote participants connected via audio-visual technology.
Question 4: What is the purpose of embedding a 'hash value' in a notarized RON document?
- To create a unique digital fingerprint of the document that detects any post-notarization alterations (Correct answer)
- To encrypt the document so only the notary can open it after signing
- To track the number of times the document has been accessed online
- To automatically submit the document to the county recorder's office
Correct answer: To create a unique digital fingerprint of the document that detects any post-notarization alterations
A cryptographic hash value is a unique fingerprint of the document's contents; if any character is changed after notarization, the hash will no longer match, revealing the tampering.
Question 5: How does a signer apply their electronic signature to a document during a RON session?
- Through the RON platform's interface using a click-to-sign, drawn signature, or typed name, as directed by the notary (Correct answer)
- By uploading a scanned image of their handwritten signature before the session
- By speaking their name aloud into the microphone as an audio signature record
- By sending a digitally signed email to the notary after the session
Correct answer: Through the RON platform's interface using a click-to-sign, drawn signature, or typed name, as directed by the notary
During the RON session, the signer uses the platform's electronic signature tools — such as clicking to adopt a signature, drawing it with a mouse or touchscreen, or typing their name — under the notary's observation.
Question 6: What is the notary's 'electronic signature' used for in a RON document, as distinct from their 'electronic seal'?
- The electronic signature represents the notary's personal attestation while the seal provides official identification of their notarial authority and commission (Correct answer)
- The electronic signature is used on the signer's documents; the seal is used only on the journal
- The notary's electronic signature is optional while the seal is mandatory
- Both the signature and seal serve identical purposes and only one is required
Correct answer: The electronic signature represents the notary's personal attestation while the seal provides official identification of their notarial authority and commission
The notary's electronic signature is their personal attestation of the notarial act, while the electronic seal provides the official identification of their commission authority — both are typically required on the notarial certificate.
RON RON Electronic Signatures and Seals 2
What happens to the legal validity of an electronic notarial seal if the notary's commission has expired?