The Evolution of Online Notarization: Possibilities and Practicality

Introduction

Online notarization (RON) is a developing field that has seen significant growth in recent years, particularly as a result of the global pandemic. This article explores the current state of online notarization, discussing its practicality, legal landscape, and the advantages and challenges associated with it.

The State of Online Notarization

The landscape of online notarization varies by state, with some jurisdictions embracing the technology more readily than others. Virginia was the pioneer, being the first state to authorize remote online notarization (RON) in 2017. Since then, numerous other states have followed suit. The adaptation of RON has been driven by both legislative actions and executive orders in response to the pandemic's health and safety concerns.

Legislative Landscape and Federal Involvement

The U.S. Congress is currently working on a bill, known as the Securing and Enabling Commerce Using Remote and Electronic (SECURE) Notarization Act, which aims to authorize RON at the federal level. This national legislation could provide a uniform standard for online notarization, facilitating its widespread adoption across the country.

Adoption by Notaries and Businesses

While the potential for RON is significant, its adoption remains mixed. Notaries and businesses must consider several factors before embracing online notarization. These include the legal requirements, privacy and confidentiality concerns, technical considerations, and cybersecurity measures. Many notaries have personal reservations about the online service due to these factors. Notary fees and the need for additional credentialing also play a role in the decision-making process.

State-Specific Examples and Case Studies

Consider the example of Texas, where, although the regulations have only recently been addressed, a few notaries have found a way to offer online notarization services. Collaboration between the state's notary department and technology providers has been crucial in establishing guidelines and obtaining approval for remote notarization. However, the process often involves applying for a new credential, which can be time-consuming and expensive. Despite the potential, notaries without the desire or financial means to apply may continue to avoid offering online notarization.

Practical Examples of Online Notarization

Online notarization is not just theoretical. Several examples demonstrate its practical applicability. For instance, during the home-buying process, online notarization can streamline the transaction, allowing notaries to complete their duties remotely. This service is particularly useful in closing real estate deals without the need for in-person presence, thus enhancing the efficiency of the process.

Conclusion

Online notarization is a promising development in the field of document authentication and legal processes. While challenges exist, particularly related to legal acceptance, privacy, and cybersecurity, its benefits cannot be ignored. As technology continues to evolve and more states simplify their regulations, witnessing RON's adoption on a broader scale is a realistic possibility.