TX Notary - Texas Notary Remote Online Notarization (RON) Questions and Answers 1 — Questions and Answers
Question 1: A Texas online notary public is preparing to perform a remote online notarization for a principal who is currently traveling in France. Which of the following statements correctly describes the location requirements for this notarization?
- The notary must be physically located in Texas, but the principal can be located anywhere in the world. (Correct answer)
- Both the notary and the principal must be physically located within the boundaries of Texas.
- The principal must be a Texas resident, but their physical location during the notarization does not matter.
- The notarization is prohibited because the principal is located outside of the United States.
Correct answer: The notary must be physically located in Texas, but the principal can be located anywhere in the world.
According to Subchapter C, Chapter 406 of the Texas Government Code, a commissioned Texas online notary public must be physically located within the state of Texas at the time of the notarization. However, the law explicitly permits the principal (signer) to be located anywhere, including outside of Texas or even internationally, during the RON session.
Question 2: A key component of a Texas remote online notarization is verifying the signer's identity when they are not personally known to the notary. Which of the following is a mandatory, multi-step process for remote identification?
- Having the signer answer a series of personal questions created by the notary.
- Verifying a government-issued ID solely through visual inspection via the webcam.
- Credential analysis of a government-issued ID and a process of knowledge-based authentication (KBA). (Correct answer)
- Receiving a sworn, written statement of identity from the signer via email prior to the session.
Correct answer: Credential analysis of a government-issued ID and a process of knowledge-based authentication (KBA).
Texas law requires a two-part process for identifying a remote principal not personally known to the notary. This involves: 1) Credential analysis, where a third-party service verifies the validity of the signer's government-issued ID, and 2) Identity proofing, often through knowledge-based authentication (KBA), where the signer must correctly answer questions based on their personal and credit history.
Question 3: An online notary public's electronic record for each RON session must contain specific elements. In addition to the information required for a traditional notarization, what unique item must be included for every online notarization?
- A screenshot of the signer holding their identification.
- The brand name of the webcam and computer used by the notary.
- A recording of the complete audio-visual conference. (Correct answer)
- The signer's IP address and internet service provider.
Correct answer: A recording of the complete audio-visual conference.
Texas Government Code §406.108 mandates that the electronic record for an online notarization must include a recording of the audio-visual conference. This recording serves as evidence that the notarial act was performed in compliance with RON standards, including the proper identification of the principal.
Question 4: To perform their first remote online notarization, a commissioned Texas Notary Public must complete several steps. Which of the following is a required action before conducting any online notarial acts?
- Purchase a second, separate $10,000 surety bond specifically for online notarizations.
- Obtain a digital certificate and electronic seal, and submit an application to the Secretary of State for authorization to perform online notarizations. (Correct answer)
- Publish an announcement of their online notary services in a local newspaper for 30 days.
- Register with the county clerk in every Texas county where they anticipate performing notarizations.
Correct answer: Obtain a digital certificate and electronic seal, and submit an application to the Secretary of State for authorization to perform online notarizations.
Before performing RONs, a traditional Texas notary must apply for and receive a separate commission as an online notary public. This process involves obtaining a digital certificate (containing an electronic signature) and an electronic seal from a third-party vendor and then submitting an online application to the Secretary of State.
Question 5: A Texas online notary's digital certificate, which is used to apply their electronic signature, has expired. What is the notary's required course of action according to state law?
- Immediately cease all notarial activities, both traditional and online, until the certificate is renewed.
- Continue performing online notarizations for up to 30 days while obtaining a new certificate.
- Replace the expired digital certificate and provide a copy of the new certificate to the Secretary of State within 10 days of the replacement. (Correct answer)
- Notify the original vendor of the expiration and wait for an automatic renewal.
Correct answer: Replace the expired digital certificate and provide a copy of the new certificate to the Secretary of State within 10 days of the replacement.
Texas Government Code and administrative rules require an online notary public to replace an electronic seal or digital certificate that is expired or no longer valid. The notary must then provide a copy of the new seal or certificate to the Secretary of State within 10 days of its replacement to remain in compliance.
Question 6: During a RON session, the technology platform must ensure the security and integrity of the notarization. Which of the following is a key technological requirement for a compliant RON in Texas?
- The platform must allow the signer to pre-record their signature for the notary to apply later.
- The audio-visual communication must be live, synchronous (real-time), and secure from unauthorized interception. (Correct answer)
- The platform must be owned and operated by a company based in Texas.
- The system must automatically delete the audio-visual recording 24 hours after the session for privacy.
Correct answer: The audio-visual communication must be live, synchronous (real-time), and secure from unauthorized interception.
Texas law defines online notarization as a notarial act performed using two-way video and audio conference technology. This requires a live, real-time interaction between the notary and the principal. The notary must also take reasonable steps to ensure this communication is secure from unauthorized interception to protect the integrity of the notarial act.
TX Notary - Texas Notary Remote Online Notarization (RON) Questions and Answers 1
A Texas online notary public is preparing to perform a remote online notarization for a principal who is currently traveling in France.
Which of the following statements correctly describes the location requirements for this notarization?