ENotary

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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.

Contents

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.

Jurisdiction

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]

Remote eNotary

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.

Legality

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]

Related Research Articles

<span class="mw-page-title-main">Notary public</span> Civil position that certifies documents and administers oral oaths and affirmations

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.

<span class="mw-page-title-main">Notary</span> Person authorised to act in legal affairs

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.

<span class="mw-page-title-main">Apostille Convention</span> 1961 foreign document certification treaty

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.

<span class="mw-page-title-main">Certified copy</span> Verified copy of a primary document

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.

<span class="mw-page-title-main">Estonian identity card</span> National identity card of Estonia

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.

<span class="mw-page-title-main">Secretary of State of Nevada</span> Nevada public office

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<span class="mw-page-title-main">Secretary of State of West Virginia</span> Elected office, West Virginia state government

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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.

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<span class="mw-page-title-main">National Identity Card (Peru)</span> National identity card of Peru

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References

  1. Piombino, Alfred E. (2011). Notary Public Handbook: Principles, Practices & Cases, National Edition (First ed.). East Coast Publishing. ISBN   978-0-9445606-9-3.
  2. "Virginia e-notary FAQ" . Retrieved 2012-08-07.
  3. "Remote Online Notarization Journal: What you need to know". 24 June 2024. Retrieved 2024-06-24.
  4. "Notaries Public", Montgomery County, Alabama Probate Judge: , retrieved on 20 January 2009. Archived July 13, 2010, at the Wayback Machine
  5. "Electronic Notary Statute". Azsos.gov. Archived from the original on 2013-09-20. Retrieved 2013-11-27.
  6. Notary Public & Special Filings Section. (2011). Notary Public Handbook. Sacramento, CA: Secretary of State. p. 43.
  7. "eNotary". Notaryforms.delaware.gov. 2009-02-05. Retrieved 2013-11-27.
  8. "Electronic Transaction - - Notary Education - Florida Department of State". 2000-07-01. Retrieved 2013-11-27.
  9. "GA House Bill 126 - 2009". 2009-05-09. Retrieved 2018-09-05.
  10. "Kentucky Revised Statutes 423.380" . Retrieved July 1, 2024.
  11. [Michigan] "Uniform Electronic Transactions Act" Archived 2009-09-20 at the Wayback Machine (2000). Michigan Department of Licensing and Regulatory Affairs.
  12. Minnesota Secretary of State - Notary Online
  13. "North Carolina Secretary of State's Office". Secretary of State of North Carolina. 2011-04-01. Retrieved 2013-11-27.
  14. http://sos.oregon.gov/business/Documents/notary-guide/notary-guide.pdf [ bare URL PDF ]
  15. "Pennsylvania Department of State". pa.gov. Retrieved 2016-07-06.
  16. "Frequently Asked Questions for Notaries Public". www.sos.state.tx.us.
  17. "VA Secretary of the Commonwealth: Notary". Commonwealth.virginia.gov. Retrieved 2013-11-27.
  18. 04.6.11.htm "Virginia Law" . Retrieved 2012-08-07.{{cite web}}: Check |url= value (help)
  19. "Virginia Law" . Retrieved 2012-08-07.
  20. "NASS Resolution Affirming the Role of the Secretary of State or Other State Notary Commissioning Entity as Sole Authority to Establish Standards Enabling Electronic Notarization" . Retrieved 2010-07-20.