Remote, Online Notaries: What It’s All About, and How It Works

REMOTE, ONLINE NOTARIES

What It’s All About, and How It Works

by tERESA SCHARF

On Sept. 20, 2019, many aspects of notary commissions in Ohio changed. SB 263, the Notary Modernization Act, was passed by the Ohio legislature, making, among other changes, a provision for remote/electronic online notarizing of documents.

It entails new and additional requirements, including completion of a course of instruction approved by the Secretary of State and successfully passing an examination with a minimum score of 80 percent based on that training. The Notary Modernization Act also places new requirements for obtaining and renewing a traditional notary commission.

What It’s All About

The Paralegal Association of Central Ohio worked in collaboration with the Columbus Bar Association to prepare its members for these changes. PACO

sponsored a CLE presented by Jill Snitcher, executive director of the CBA, who spoke about this topic at PACO’s General Membership meeting in February 2019, so we were ready and equipped with the information we needed. But experience is the best teacher, so

I’d like to share from a personal perspective some of what I’ve learned so far.

Coincidentally, I had to renew my traditional notary commission shortly after the new law was enacted. I considered taking the extra step to become a Remote Online Notary (RON) as well, since a current traditional notary commission is required before obtaining the RON authorization and I was preparing to renew my traditional commission under the new rules anyway. But it was decided that the additional training (and cost) for authorization wasn’t warranted – it is expensive, and it is a very involved process. Had I known what the coming months would bring with COVID-19 and all the restrictions that ensued because of the pandemic, I’ll bet that I would have pursued it at the same time when I renewed my traditional notary commission. Later, in the summer of 2020, I completed the training, successfully passed the exam, and qualified as a Remote Online Notary.

That was just the beginning. Then it got real.

After completing the required training and passing the exam, a RON must establish an account with a software platform approved by the Ohio Secretary of State in order to exercise the notarial duties. This usually involves licensure by the software company. After completing my application and uploading my certificate of completion onto the Secretary of State’s website, I identified (as required) the software programs that I intended to use: DocuSign and Zoom. To my dismay, my application was denied, as neither of these options, when used independently, meet the Secretary of State’s guidelines for online notarization. The next step was researching and selecting a software product that is approved by the Secretary of State. Once that was completed and a contract was executed with the software company, I notified the Secretary of State and was issued authorization commissioning me as a RON.

How It Works

The software platform has three components: (1) document preparation, (2) Knowledge-Based Authentication of the signer whose signature will be witnessed and/or notarized and (3) an audio-video program with which to meet the signer. Each interaction with a signer is recorded. (Ironically, the platform that I’m using has Zoom integrated with it.) The platform also creates an audit trail, or electronic log, documenting each encounter between the RON and the document signer.

1. There are steps that the RON must complete in preparing the document(s) to be notarized. This process is designed by the software platform.

2. The individual(s) who will be executing the document(s) must complete a Knowledge-Based Authentication process to verify their identity, during which they will need to provide certain personal information in a secure application.

3. The RON schedules a web meeting with the signer(s), during which they will meet and the signer will complete step (2) above, followed by executing the document(s).

After the document(s) have been executed, the transactional data created, specifically the electronic journals and audio-video recordings, must be saved and stored electronically by the RON for 10 years. Upon expiration of the RON’s commission and authorization, the data must be uploaded to the Ohio Secretary of State’s website, who will then retain that data for an additional 10 years. As long as the RON timely maintains their RON commission, it is not required to provide the electronic data to the Secretary of State.

The Executed Document

Once signed, each document is encrypted with a certificate reflecting validation of the signers’ identities and other digital information. It is a legally notarized (and/or witnessed) document, honored by courts and businesses. There are some considerations, however, that vary from one entity to another. The first instance that I encountered was with the Office of Attorney Services at the Supreme Court of Ohio, after remotely notarizing affidavits of out-of-state attorneys who were renewing their pro hac vice admission status in an Ohio case. The Court accepted the affidavits that were notarized remotely, but it would not accept/receive the same electronically – meaning, once the affidavits were

A duly-authorized Remote Online Notary may notarize documents signed by individuals anywhere in the world (providing that signers successfully complete the KBA). However, the RON must be physically located within the borders of the state of Ohio when performing the service.

remotely notarized, each affiant was required to print a “hard” copy of it and mail it to the Supreme Court. The staff at the Supreme Court would not accept the same item electronically (via e-mail or website portal upload) or print it themselves.

I checked with the Ohio Secretary of State’s Notary Commission Coordinator, who provided confirmation referencing ORC 147.591. The statute states that a digital copy of a document executed electronically by the parties must be accepted by county auditors, engineers and recorders for purposes of approval, transfer and recording. It also states that a county auditor, engineer, and recorder must accept a printed copy of the document that was notarized electronically if the document contains an authenticator certificate. However, there is no language in the statute requiring other government offices to accept a remotely notarized document. This law is relatively new in Ohio, and government agencies are still adjusting to it and working on their procedures. If there is any uncertainty, the person who is signing and/or submitting the document may need to reach out to the intended receiver and confirm that a remotelynotarized document will be accepted, and in what form (electronically, “hard” copy, or both).

Additional Notes

A duly-authorized Remote Online Notary may notarize documents signed by individuals anywhere in the world (providing that signers successfully complete the KBA). However, the RON must be physically located within the borders of the state of Ohio when performing the service. This applies to those possessing a traditional notary commission as well. The circumstances we find ourselves in, precipitated by the COVID-19 pandemic, have certainly altered how and where we work. Thankfully, the Ohio legislature’s passage of the Notary Modernization Act has provided an unforeseen avenue to complete the important task of notarizing documents across the spectrum of legal, governmental and business functions.

Teresa Scharf

Ulmer & Berne LLP tscharf@ulmer.com