Interested in the issue of e-notarization? Arizona was one of the first states to create statutes that would allow for e-notarization, and e-notarization in Arizona was possibility for all Arizona notaries.
What Arizona actually did in the way of e-notarization:
Until 2012, Arizona did allow Arizona notaries to transmit, via the web, documents properly notarized in person.
When a person receives a properly notarized document sent electronically in Arizona, there is a link in the Arizona seal on the electronic document; it takes you to a link on the AZSOS.GOV site and takes you to the exact commission number to verify that the Arizona notary is in fact qualified. This excellent system verifies that the notary has the authority to perform an acknowledgment in Arizona, for example, and all other notarial acts.
There are currently only 17 Arizona notaries who still have the software that gives them the ability to electronically transmit properly witnessed and signed documents notarized in Arizona. However, until the Arizona Secretary of State’s Office contracts with a new software vendor, as of 2012, a person applying to become an Arizona notary cannot have the option of properly transmitting, via e-mail or the Internet, documents notarized in Arizona. Only those Arizona notaries who already have the software may fulfill this role.
Arizona’s e-notarization statutes provided for electronic transmission and for verification that an Arizona notary holds a valid commission. In this regard, Arizona was forward-thinking and anticipated the request for electronic submission of properly notarized documents. All states are being challenged in the same manner: there is a lot of interest in electronic notarization. Currently, the state of Arizona would welcome a fully-qualified vendor willing to take on the project, one who creates software that has the proper encryption. Arizona would even change the statutes slightly if needed to make the vendor’s job a bit easier. However, the link that allows an individual to verify the commission of the Arizona notary must be maintained, and notarization by webcam is out of the question.
What e-notarization actually meant in Arizona
The Arizona Secretary of State’s Office explains in 2012 that e-notarization never meant undertaking any Arizona notarial acts via webcam; all notarial acts were always meant to be done in person, and any other idea of e-notarization in Arizona is a misinterpretation of the Arizona statutes on e-notarization. In Arizona, e-notarization referred only to electronically transmitting information already verified in person by an Arizona notary, the Office of the Secretary of State asserts. It seems that the term “electronic notary” in the statutes was widely misinterpreted.
This 2012 interpretation from the Office of the Arizona Secretary of State runs contrary to comments on blogs and information on the web about the meaning of Arizona’s statutes—for example, p. 20 of the January, 2011 Report of the National Association of Secretaries of State http://www.wwnotary.com/documents/nass-report-notarization-0113111.pdf–or to other information from reputable sources, for example, http://www.oasis-open.org/committees/download.php/4541/enotarization.pdf. On p. 20 of the NASS report at the first link above, it is stated that, in Arizona, “An electronic notarization is performed in the presence of the electronic notary.” However, the Secretary of State’s Office asserts, the term “electronic notary” in Arizona was misinterpreted. Also, for example, language in statute 41-351 such as “(b) Provided secure electronic acknowledgment that the signer executed the electronic instrument presented to the electronic notary” meant only that secure information (such as an Arizona acknowledgment)was being transmitted over the web; it did not mean it was being done via webcam. Notarization by webcam, the Secretary of State confirms, is illegal, and was never sanctioned or planned for by Arizona.
Again, the option to transmit properly notarized documents over the web while electronically verifying (online) the commission of the Arizona notary is not currently available to new Arizona notaries. According to the Arizona Secretary of State’s Office, this is because the vendor who provided the software that was needed to fulfill the Arizona statutes regarding e-notarization no longer provides that service to the Secretary of State. It was not cost effective for the vendor because the state’s statutes are very specific about e-notarization in Arizona, and the requirements were apparently a hefty IT matter.
The Pros and Cons of eNotarization
As the technological world continues to evolve on a regular basis, more and more industries are looking to go from the paper route to the electronic route, allowing them to save time and money while providing more convenience to their customers.
One such industry that is following the technological advancements is the notary industry, which is looking to utilize eNotarization on a more frequent scale.
For those who are not up to speed on exactly what an eNotary does, they are quite simply a Notary Public who notarizes documents electronically. One of the means to do this is through utilizing a digital signature and notary seal to notarize electronic documents and validate with a digital certificate.
With electronic notarization, a notary puts an electronic signature and notary seal in place using a secure public key to an electronic document (such examples would be a PDF or Word document). When the signature and seal are affixed, the piece is looked upon as being tamper evident, meaning that any unauthorized attempts to alter the
document would be noticeable to relying parties.
eNotarization Focuses in on Security
In taking a look at the short history of electronic notarization, the National Notary Association (NNA) saw the need to put rules and standards in place for a workable, accessible, and, most importantly, secure system of electronic notarization.
As a result, the NNA came up with Enjoa (the Electronic Notary Journal of Official Acts), which allows both electronic and paper-based notary acts to be recorded—and that record should be free from tampering in an electronic database.
With Enjoa, notaries can electronically gather both a holographic signature and a fingerprint of each document signer, also providing the added choice of capturing within its database the signer’s facial image via a Web camera. Whether it be recording eNotarizations or paper-based transactions, Enjoa offers proof of a signer’s personal
appearance, a detailed database of the notarial act, and a level of security that is not available in a paper-based recordkeeping system.
It was some six years ago that the NNA partnered with the Commonwealth of Pennsylvania in unveiling the nation’s initial Electronic Notarization Initiative, a comprehensive eNotarization program. All Pennsylvania notaries participating in the initiative utilized a digital certificate to perform electronic acts that were subsequently
made available for recordation in the four original participating counties. Other counties throughout Pennsylvania were quick to enroll in the program.
So, what can be seen as some of the pros and cons of eNotarization?
On the plus side:
* Electronic versatility offers benefits for both the notary involved and the business and legal communities. One of the more notable benefits is the time in which documents can now be notarized via a computer. Such documents include power of attorney paperwork, affidavits, deeds, title loans, wills, and prenuptial agreements, among
others.
* eNotarization makes it easy for the notary to adapt to changes in the document in just
minutes.
* eNotarization allows notaries to stay on top of cutting-edge technology, meaning they can compete with others in their business who are also using this manner to notarize documents. For those who choose not to, it could mean losing potential or current customers who opt for the more technologically advanced means to notarize paperwork.
On the negative side:
* eNotarization is not available everywhere, meaning you may or may not have it as an option where you live.
* Some worry that security could be compromised when using eNotarization. If that happens, the notary could lose business from customers who fear their private information leaking out. Whether with traditional notary usage or eNotarization, both the notary and customer should make sure private data is as protected as possible.
* eNotarization is still evolving, meaning some parts of the process are not entirely up to speed. As the process evolves more, eNotarization will become commonplace for both notaries and customers.
With more and more processes going the electronic route, is eNotarization in your plans?
U.S.A.
What is a notary?
A notary is a state appointed public official that is authorized to conduct certain types of official acts such as Acknowledgments, Jurats, Oaths, Affirmations, Protests, and sometimes other notary public acts. Since notaries are appointed by their respective states, the laws for notary conduct and what types of official notary acts a notary can do vary from state to state.
Notary Acknowledgments & Identification Requirements
A notary public can execute acknowledgments. Acknowledgments are the most common notary act representing about 80% of all acts done by notaries! The notary must positively identify a signer as the first step in executing an acknowledgment. Identification requirements vary from state to state, but most states allow state issued identification cards, drivers licenses, and passports. As a general rule, any government issued photo-ID with a serial number, expiration date, and physical description is accepted. Social security cards, credit cards and green cards are not acceptable.
Identification through Credible Witnesses
Some states allow a notary to positively identify a signer through the use of credible witnesseswho must be identified by the notary and then swear under Oath as to the identity of the signer. Personal knowledge of the signer used to be allowed in most states, but in recent years, notaries are required to rely on more “hard” forms of identification.
Notary Journals
After the identification process is over, the notary must fill in a journal entry in his/her official journal of notarial acts. Not all states require journals, but they should because the journal is the only record of a transaction that the notary has, and can be used in an investigation or in court after the fact in a few critical cases where fraud is suspected! The signer is required to sign the notary journal which is one of the most important parts of the notary process.
Notary Certificates
The notary must fill out an Acknowledgment Certificate with state specific Acknowledgment verbiage. The Acknowledgment wording can be embedded in the last page of the document, or could be added and stapled as a loose form.
The official notary seal
Notaries typically affix their seal to the notary certificate area in a document or on a loose certificate. This is a very official way that notaries finalize their notary acts. Notaries may use an inked rubber seal. Some states allow a notary public to also use an non-inked embosser which leaves a raised impression in a piece of paper — as a supplemental seal to deter fraud through page swapping.
Jurats
A Jurat is a notary procedure where the notary administers an Oath. The signer has to raise his/her right hand and swear under Oath to the truthfulness of a document or statement in a Jurat form. Additionally, the signer must sign the document in front of the notary for a Jurat, where they can sign long ahead of time for an Acknowledgment. Identification requirements for Jurats vary from state to state. Jurats represent roughly 18% of all notarial acts!
Oaths and Affirmations
Notaries can perform or administer Oaths or Affirmations for clients. They should record such acts in their bound and sequential journal as well. Wording for Oaths is really up to the notary, but some standardized or formal wording is recommended such as, “Do you solemnly swear that the contents of this document are true and correct to the best of your knowledge?”. Or, “Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”. The Oath verbiage depends on the situation and the document. However, it should be formal, and the Affiant (Oath taker) must raise their right hand definitively for this type of act. An Affirmation is the same as an Oath except for the fact that the word God is omitted from the Affirmation Verbiage.
Protests
This is an antiquated notary act where someone can protest the non-payment of a bill. I have never met a notary who has actually conducted such a notary act, but most states still include this as one of their official acts.
Acts allowed only in specific states
New York allows notaries to do Safety Box Openings as an official notary act while most other states do not. Rhode Island has something called a Marine Protest which is only an official notary act in Rhode Island. Various states allow notaries to act as a Witness as an official notary act as well. Additionally, please consult your state’s notary division for information about Apostilles and Authentications which typically involve either a local county recorder, the Secretary of State’s office, or a local embassy.
Documents that are commonly notarized.
Many notaries notarized Power of Attorney documents frequently. Notaries are advised not to draft such documents as they are legal documents. However, notaries can notarize signatures on such documents.
Affidavits of all sorts are normally notarized with a Jurat since they are to be sworn to (usually). The notary is forbidden from recommending a particular notary act over another, but they are not prohibited from stating what is “usually” done.
Wills can be notarized by a notary, however, it is generally frowned upon unless given written instructions from an Attorney!
Notaries can not notarize vital records such as Birth Certificates or Marriage Certificates.
A Notary Public can notarize Real Estate or Mortgage documents or loan documents except in certain Attorney states such as Massachusetts or Georgia where there are restrictions. Common loan documents that might be notarized could include Deeds of Trust, Signature Affidavits, Grant Deeds, Quit Claim Deeds, Occupancy Affidavits, and many more!
Where can I find a notary?
123notary has thousands of mobile notaries distributed throughout the United States that you can find on our Find a Notary page. They typically charge a travel fee and specialize in loan documents. To find a stationary notary, please consult your local yellow pages, or call pack & ship places in your area.
How can I become a notary?
Each state has a Secretary of State or Notary Division that appoints notaries. Please visit ourstate contact page, and contact your state’s notary division for details. Typically, you need to be 18 years old, not have a felony on your criminal record, be a citizen (some states require this), or in many states be legally residing in the United States. Most states have a Notary Public Application Form, and a Notary Public handbook for you to study from. You are normally required to pay an Application fee for becoming a notary, and there could be other fees for recording your Notary Oath of Office as well as the fee for your Stamp, Journal, and other related fees.
Is it worth it to become a notary?
It can be very rewarding to be a notary. You can make a lot of extra money in your spare time if you have a way to attract clients. You can meet new people, and learn new things. Mobile notaries who are good at what they do can make a full time living driving around doing loan signings. You can get a job more easily if the boss knows you are a notary, as that is a skill in high demand at many offices.