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An eNotary is a Notary Public who notarizes documents electronically. [1] One of the methods employed by eNotaries is the use of a digital signature and digital notary seal to notarize digital documents and validate with a digital certificate. Also known as remote online notarization (RON), electronic notarization is a process whereby a notary affixes an electronic signature and notary seal using a secure Public key to an electronic document (such as a PDF or Word document). Once affixed to the electronic document, the document is rendered tamper evident such that unauthorized attempts to alter the document will be evident to relying parties. [2] The e-notary will use cryptography and Public key infrastructure to create, manage, distribute, use, store, and revoke the digital certificate. E-Notary will improve the overall security of the closing process with improved customer file tracking and knowledge-based identification authentication, helping to reduce the frequency of errors or fraud. [3] The Electronic Notary also must keep an electronic register of each act performed.
In most cases, electronic notarizations does not mean that the notary can perform the electronic notarizations remotely as most states still require that the participants and the notary must all be physically present at the time of signing. There are also significant benefits to having the notarizations done electronically such as cost savings, superior security, authenticity, audit trails, and document integrity, which are things that are not available to paper based notarizations.
Currently, laws regarding eNotarizations vary by jurisdiction [4] and are permitted in, at least, Arizona, [5] California, [6] Colorado, Delaware, [7] Florida, [8] Georgia, [9] Indiana, Kansas, Kentucky, [10] Michigan, [11] Minnesota [12] New Mexico, North Carolina, [13] Oregon, [14] Pennsylvania, [15] Texas, [16] Utah, Wisconsin, and Virginia. [17]
On July 1, 2012, Virginia became the first state to authorize a signer to be in a remote location and have a document notarized electronically by an e-notary using audio-visual conference technology (webcam), by passing the bills SB 827 and HB 2318. [18]
In Virginia the case of an electronic notarization, "satisfactory evidence of identity" may be based on video and audio conference technology, in accordance with the standards for electronic video and audio communications set out in subdivisions B 1, B 2, and B 3, [19] that permits the notary to communicate with and identify the principal at the time of the notarial act, provided that such identification is confirmed by (a) personal knowledge, (b) an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority, or (c) a valid digital certificate accessed by biometric data or by use of an interoperable personal identity verification card that is designed, issued, and managed in accordance with the specifications published by the National Institute of Standards and Technology and in Federal Information Processing Standards.
The National Association of Secretaries of State (NASS) affirms the role of the Secretary of State or other state notary commissioning entity as the sole authority to establish standards enabling electronic notarizations that will protect signature credibility, avoid identity fraud and provide accountability to the public in order to promote secure electronic commerce. [20]
A notary public of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to validate the signature of a person ; administer oaths and affirmations; take affidavits and statutory declarations, including from witnesses; authenticate the execution of certain classes of documents; take acknowledgments ; provide notice of foreign drafts; provide exemplifications and notarial copies; and, to perform certain other official acts depending on the jurisdiction. Such transactions are known as notarial acts, or more commonly, notarizations. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.
E-government involves utilizing technology ] devices, such as computers and the Internet, to successfully and fastest way of delivering public services to citizens and other persons in a country or region. E-government offers new opportunities for more direct and convenient citizen access to government and for government provision of services directly to citizens.
In cryptography, a certificate authority or certification authority (CA) is an entity that stores, signs, and issues digital certificates. A digital certificate certifies the ownership of a public key by the named subject of the certificate. This allows others to rely upon signatures or on assertions made about the private key that corresponds to the certified public key. A CA acts as a trusted third party—trusted both by the subject (owner) of the certificate and by the party relying upon the certificate. The format of these certificates is specified by the X.509 or EMV standard.
A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems.
The Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, also known as the Apostille Convention, is an international treaty drafted by the Hague Conference on Private International Law (HCCH). The Apostille Convention is intended to simplify the procedure through which a document, issued in one of the contracting states, can be certified for legal purposes in the other contracting states of the convention. A certification under the convention is called an apostille or Hague apostille. An apostille is an international certification comparable to a notarisation, and may supplement a local notarisation of the document. If the convention applies between two states, an apostille issued by the state of origin is sufficient to certify the document, and removes the need for further certification by the destination state.
An electronic signature, or e-signature, is data that is logically associated with other data and which is used by the signatory to sign the associated data. This type of signature has the same legal standing as a handwritten signature as long as it adheres to the requirements of the specific regulation under which it was created.
A certified copy is a copy of a primary document that has on it an endorsement or certificate that it is a true copy of the primary document. It does not certify that the primary document is genuine, only that it is a true copy of the primary document.
In American law, a signing agent or courtesy signer is an agent whose function is to obtain a formal signature of an appearer to a document. In common parlance, most jurisdictions require the appearer to sign before a notary public. From this, the practice of a notary public designating themselves as a signing agent has arisen. There are notaries public who specialize in the notarization of real estate transfer and loan document signings. Signing agents often have certification and training through private organizations, but is not a requirement in law, although it may be a requirement of the lender in the oversight of real estate transaction document signatures.
A mobile signature is a digital signature generated either on a mobile phone or on a SIM card on a mobile phone.
An eschatocol, or closing protocol, is the final section of a legal or public document, which may include a formulaic sentence of appreciation; the attestation of those responsible for the document, which may be the author, writer, countersigner, principal parties involved, and witnesses to the enactment or the subscription; or both. It also expresses the context of the documentation of the action described therein, i. e., enunciation of the means of validation and indication of who is responsible to document the act; and the final formulae.
A notary public in the Commonwealth of Pennsylvania is an appointed official who acts as an impartial witness and helps defend against fraud.
A notary public in Virginia is authorized to acknowledge signatures, administer oaths, and certify copies On July 1, 2012, Virginia became the first state to authorize a signer to be in a remote location and have a document notarized electronically by an approved Virginia electronic notary using audio-visual conference technology by passing the bills SB 827 and HB 2318.
The Estonian identity card is a mandatory identity document for citizens of Estonia. In addition to regular identification of a person, an ID-card can also be used for establishing one's identity in electronic environment and for giving one's digital signature. Within Europe as well as French overseas territories, Georgia and Tunisia the Estonian ID-card can be used by the citizens of Estonia as a travel document.
In the U.S. state of Florida, a notary public is a public officer appointed by the governor of the state to take acknowledgments, administer oaths, attest to photocopies of certain documents, solemnize marriage, protest the non-acceptance or non-payment of negotiable instruments, and perform other duties specified by law.
The secretary of state of Nevada is a statewide elected office in the State of Nevada. The secretary of state post is common to many U.S. states. In Nevada, it is a constitutional office.
The secretary of state of West Virginia is an elected office within the U.S. state of West Virginia state government. The secretary of state is responsible for overseeing the state's election process, including voter registration and election results reporting.
The 2010 United States foreclosure crisis, sometimes referred to as Foreclosure-gate or Foreclosuregate, refers to a widespread epidemic of improper foreclosures initiated by large banks and other lenders. The foreclosure crisis was extensively covered by news outlets beginning in October 2010, and several large banks—including Bank of America, JP Morgan, Wells Fargo, and Citigroup—responded by halting their foreclosure proceedings temporarily in some or all states. The foreclosure crisis caused significant investor fear in the U.S. A 2014 study published in the American Journal of Public Health linked the foreclosure crisis to an increase in suicide rates.
In the United States, a notary public is a person appointed by a state government, e.g., the governor, lieutenant governor, secretary of state, or in some cases the state legislature, and whose primary role is to serve the public as an impartial witness when important documents are signed. Since the notary is a state officer, a notary's duties may vary widely from state to state and in most cases, a notary is barred from acting outside his or her home state unless they have a commission there as well.
Aadhaar eSign is an online electronic signature service in India to facilitate an Aadhaar holder to digitally sign a document. The signature service is facilitated by authenticating the Aadhaar holder via the Aadhaar-based e-KYC service.
The Documento Nacional de Identidad (DNI) (Spanish for 'National Identity Document') is the only personal identity card recognized by the Peruvian Government for all civil, commercial, administrative, judicial acts and, in general, for all those cases in which, by legal mandate, it must be presented. It is a public document, personal, and non-transferable and also constitutes the only title of right to the suffrage of the person in whose favor it has been granted. Its issuance is in charge of the National Registry of Identification and Civil Status (RENIEC).
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