How To Get A Document Notarized Online

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How does online notary work?

Online notary public

An online notary is a traditional notary who has applied for and received an online notary commission issued by the secretary of state authorizing the performance of an online notarization. An online notary may perform all the notarial acts of a traditional notary. At the time of the online notarization, the online notary must be physically in the state of Texas.

Principal (the document's signer)

Unlike in a traditional notarization, the signer ("principal") in an online notarization does not need to physically appear before the notary. Instead, the principal in an online notarization is deemed to appear by means of a two-way audio-video conference that complies with the rules set forth by the secretary of state. This means that principal does not need be in the state of Texas at the time of an online notarization.

Texas online notary identity verification

Easy two-step identity verification

Unless the online notary public has personal knowledge of the principal, the notary must verify the identity of the principal using the identity proofing and credential analysis standards set forth in the Texas Administrative Code. Identity proofing is performed through third party dynamic knowledge-based authentication questions. Credential analysis is performed on the signer's remotely presented picture ID using automated third party software processes that confirm the credential's integrity and personal details.

Online notary session

The principal and online notary engage via a two-way videoconference session with an interactive electronic version of the document that is digitally signed by the parties. The online notary system is designed to confirm that the document that is presented for online notarization is the same document that is electronically signed by the principal. The session is digitally recorded and secured so that only the authorized participants can obtain access.

Signed document is digitally sealed

The certificate used in an online notarization must expressly state that the notarial act was an online notarization. The online notary public signs the certificate by affixing a personal digital certificate and its electronic seal. This process must be completed in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident. The digital certificate uses public key infrastructure technology and is X.509 compliant.

Far more secure than using a traditional notary, online notarization includes sophisticated identity verification, auditable records, and the most stringent level of document security.

Texas online notary laws

The Texas Legislature passed an amendment to the Texas Government Code allowing commissioned Texas notaries public to notarize the signature of a principal that personally appears via two-way videoconferencing. Texas is among the rapidly growing number of states that has passed such a law, with Virginia having been the first to do so in 2012. The following are the two key Texas statutes relevant to online notarization:

Subchapter C, Title 406 of the Texas Government Code

This statute authorizes a notary public to perform an online notarization that meets the several requirements of "this subchapter and rules adopted under this subchapter regardless of whether the principal is physically located in this state at the time of the online notarization." Tex. Gov't. Code § 406.110(a) (emphasis added). The subchapter includes provisions setting forth the criteria by which the signing principal's identity must be verified, the required elements to be included in the electronic record of the notarial act, and the guidelines under which a Texas notary public may qualify as, and apply for, an online notary commission. Section 406.104 of the statute authorizes the secretary of state to develop and maintain rules and standards to implement and facilitate online notarization.

Chapter 87 of the Texas Administrative Code

This statute sets forth the current standards of online notarization developed by the secretary of state. Key provisions include online notary public eligibility and application requirements, online notary procedures, identity proofing and credential analysis standards, record-keeping guidelines, and the technical and security requirements of the system used to perform the online notarization.

The Texas Secretary of State has posted additional guidance and information on its website pertaining to notary eligibility and application, FAQs, and sample verbiage for notary certificates that meets the new statutory requirements. Click HERE to visit this page (external).

The information on this site is intended only as a commercial overview and should not be viewed or relied upon as legal advice or guidance. Please conduct your own research into the applicable laws, statutes, or regulations pertaining to your requirements or situation.

Online notarization speeds up, simplifies, and reduces the costs of document signing

Remote online notarization is a safer and easier alternative to traditional, in-person notary

1. Your online notary public will seal your signed document with an encrypted digital signing certificate. This will allow you or any other party to easily detect an attempted alteration to the document after it is notarized, and this is all captured in the document's digital record. This means that the digital signature reduces the likelihood for fraud in a way that is not possible with traditional ink-and-paper notary signatures.

2. The availability of online notary makes it far easier and cheaper to get a document notarized. Travel and fuel costs are zero and the overall transaction time reduced. Scheduling an online notary session is also much easier, since an online notary can perform more sessions a day than a traditional notary.

3. Amid the COVID-19 pandemic, online notarization gives more people access to a notary. Social distancing and widespread concern about contracting the disease have made people resistant to being in close physical proximity to an in-person notary. This concern is especially significant for the elderly and residents in health care or assisted living facilities. The available of online notary removes this problem by allowing a person to remotely access a notary public.

4. The online notary session is recorded, so any signs of undue coercion, duress, or other wrongdoing can be reviewed long after the notary is finished. The document signer's identity is verified with identity-proofing questions and a technology-driven analysis of the signer's photo ID. OnlineNotary.us uses technology that can analyze a photo ID document in seconds. This level of ID verification is all but impossible for an in-person notary to perform.

Does a signer "personally appear" in the presence of an online notary public?

In a traditional notary session, the signer must appear in the physical presence of the notary public. With the prevailing need for social distancing, the ability to be in the physical presence of a notary is a difficult and impractical task.

With with remote online notary, however, there is no requirement that the signer and the notary be physically present with one another for the notarization to be valid and legal. Instead, the signer can be deemed to be legally "appearing" by two-way webcam.

Because the signer can appear by videoconference, they can be located anywhere in the world during the notary session. And the notarial act will be legally valid under state law. Needless to say, this aspect of online notary makes the process dramatically faster, easier, and safer than an in-person traditional or mobile notary service.

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