Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult an attorney for guidance on specific laws regarding Remote Online Notarization (RON), digital signatures, and related legal matters. As laws concerning RON and notarization are subject to frequent changes, it is advisable to verify current regulations with your local government.
If you are a commissioned notary public, or actively working toward your commission, you already understand the weight the role carries. But as the notarization landscape evolves, particularly with the growth of remote online notarization, it is worth stepping back and defining notaries in the fullest sense of the term. Not just what they are, but what the role can look like today and where technology fits into the picture.
This guide covers the core definition of a notary public, the types of notarial acts involved, the legal and ethical responsibilities the role carries, and how platforms like NotaryCam may support notaries looking to grow or modernize their practice.
Define Notaries: The Core Definition
A notary public is an official appointed by a state government to serve as an impartial, third-party witness during the signing of important documents and the administration of oaths. Their primary function is to help deter fraud by verifying the identity of document signers and confirming that signatures are made knowingly and voluntarily.
It is worth noting that the legal definition and specific duties of notaries vary from state to state. What a notary may do in one jurisdiction may differ from what is permitted in another. Your state’s Secretary of State office is typically the authoritative resource for understanding the scope of your commission.
At its most fundamental level, when you define notaries, you are describing professionals who serve as a trusted checkpoint between individuals and the legal weight that a signed document carries. That role may seem straightforward, but it sits at the center of transactions ranging from real estate closings and loan agreements to powers of attorney and affidavits.
The Core Responsibilities of a Notary Public
Understanding what notaries are responsible for is essential, both for performing the role correctly and for understanding where liability begins and ends.
Identity Verification
The most foundational duty of a notary is verifying that the person signing a document is who they claim to be. This typically involves examining a valid, current, government-issued photo ID such as a driver’s license or passport. The ID should be unexpired and bear a photo that is consistent with the signer’s appearance.
Some states may accept additional forms of identification, such as a state-issued ID card or military ID. In situations where a signer’s identity cannot be confirmed through standard documentation, some jurisdictions allow a credible identifying witness to vouch for the signer under oath. Because identity verification requirements vary by state, reviewing your state’s specific rules is an ongoing responsibility of the role.
Confirming Voluntary Signing
A notary also serves to confirm that the signer appears to understand the document and is entering into the agreement of their own free will, without coercion or intimidation. This is not a legal assessment of the document’s content; it is an observation of the signer’s apparent willingness and awareness. If a signer seems confused, under duress, or otherwise incapacitated, the notary generally should not proceed with the notarization.
Maintaining Records
Most states require notaries to maintain a notary journal, which serves as the official log of all notarial acts performed. Entries typically include the date of the notarization, the type of notarial act, the name and identification of the signer, and a description of the document. Record-keeping requirements, including how long journals must be retained and what format is acceptable, vary by state.
What Notaries Cannot Do
Notaries are not authorized to provide legal advice unless they are also licensed attorneys. Their role is specifically that of an impartial witness and official. Advising signers on whether they should sign a document, what its legal implications might be, or whether it serves their interests falls outside the scope of the notarial commission. If you are a notary who is also a licensed attorney, those are two distinct roles with distinct responsibilities.
Types of Notarial Acts
When you define notaries in practice, much of that definition takes shape through the specific acts they are authorized to perform. The most common notarial acts include the following.
Acknowledgments
An acknowledgment is the most frequently performed notarial act. The signer appears before the notary and declares that they signed the document voluntarily and that the signature on the document is their own. The notary verifies the signer’s identity and completes the notarial certificate.
Jurats
A jurat involves the signer swearing or affirming, under oath, that the contents of a document are true. This type of notarial act is often used for affidavits and sworn statements. The signing must occur in the notary’s presence, and the notary administers the oath or affirmation before the signer signs.
Copy Certifications
Copy certification involves the notary confirming that a reproduction of an original document is a complete and accurate copy of the original. This is commonly used for documents such as diplomas, transcripts, or other records where an original may not be provided, but a certified copy is acceptable. Not all states permit notaries to certify copies of all document types, so checking your state’s rules on this is advisable.
Oaths and Affirmations
Notaries are generally authorized to administer oaths and affirmations, which may be required for a variety of official purposes, including sworn testimony, official statements, and certain government filings.
Notary Signing Agents: A Specialized Role
For notaries working in or interested in the real estate and mortgage sectors, it is worth understanding how the notary signing agent role differs from a general notary commission.
A notary signing agent is a commissioned notary who has received additional training in loan document signings. Their role typically involves guiding borrowers through mortgage closing paperwork, confirming that all required signatures and initials are in place, and ensuring that documents are properly executed before returning them to the title company or lender.
Notary signing agents often work directly with title companies, escrow companies, and lenders. The role generally requires a separate certification process through an organization such as the National Notary Association, as well as a background screening that meets lender and title company requirements. If this is a direction you are considering, researching the certification requirements for signing agents in your state is a practical starting point.
Common Misconceptions About What Notaries Do
A few misconceptions about the notary role come up regularly, and addressing them directly can help set realistic expectations, both for notaries and for the clients they serve.
Misconception: Notaries verify that a document is legally valid.
A notary’s job is to verify the identity of the signer and witness the signing, not to assess whether the document itself is legally sound or enforceable. That determination belongs to attorneys and the courts.
Misconception: Notarization is only needed for complex legal documents.
Notarization may be required for a wide range of documents, including everyday ones like affidavits, certain bank forms, and personal declarations, not just major legal instruments like wills or deeds.
Misconception: A notary’s seal makes a document immune to challenge.
Notarization adds an important layer of authentication, but it does not make a document unchallengeable. If fraud occurred before or during the notarization, the document may still be contested.
Misconception: All notaries can perform remote online notarizations.
RON authorization is typically a separate credential from a standard notary commission. Not all commissioned notaries are authorized for RON, and not all states currently permit RON. This is discussed in more detail below.
Remote Online Notarization: Expanding the Definition of Notaries
The growth of remote online notarization (RON) has expanded what it means to define notaries in the modern context. RON allows a commissioned notary to perform notarial acts via a secure, live audio-video platform, without the signer being physically present in the same location.
Note: RON laws vary significantly from state to state. Some states have comprehensive frameworks supporting remote notarization, while others may have restrictions or have not yet fully implemented RON programs. Before performing RON, verify your state’s current authorization requirements with your state’s regulatory authorities and consult with an attorney familiar with notarization laws in your jurisdiction.
For notaries authorized to perform RON, the process generally includes the following: the signer and notary connect through a secure audio-video platform, identity verification is completed using methods such as knowledge-based authentication (KBA) and credential analysis of a government-issued ID, the signer executes the document electronically while the notary observes, and the notary applies a digital seal and electronic signature. The session is typically recorded and stored according to the notary’s state requirements.
To perform RON, notaries generally need a device with a working webcam and microphone, a stable internet connection, and access to a compliant RON platform that meets their state’s technical standards.
RON has opened up the possibility of serving clients across a broader geographic area, operating outside traditional business hours, and building a more flexible notary practice. For notaries considering RON, the foundational step is confirming whether your state currently authorizes it and what the specific authorization process involves.
How NotaryCam Supports Notaries
For notaries who are already commissioned and authorized for RON in their state, or who are interested in exploring what that path might look like, NotaryCam offers both a software platform for independent notaries and a contract notary services network.
NotaryCam’s independent notary software is designed to give commissioned RON notaries the tools to host live signing sessions, verify signer identities, manage multi-attendee transactions, and maintain compliant session records, all within a platform that is SOC 2 compliant and MISMO certified. For notaries working in real estate and mortgage, those certifications may be relevant to the types of transactions your clients require.
For notaries interested in joining NotaryCam’s contract notary services team, the network connects vetted notaries with transaction volume across industries including real estate, financial services, healthcare, and legal. Working within an established network can provide access to consistent work without the full overhead of building an independent client base from scratch.
It is important to note that using a RON platform does not replace individual state authorization requirements. Whether you are considering NotaryCam’s software or exploring the contract notary network, meeting your state’s notary and RON requirements independently remains your responsibility. Notaries interested in learning more can explore the Independent Notary Software page or review Open Notary Positions on the NotaryCam website.
Conclusion
When you define notaries in the fullest sense, you are describing professionals who occupy a trusted, official role in the integrity of legal and financial transactions. The commission is not simply a stamp and a seal. It is a public appointment that carries real responsibilities, specific limitations, and, for those who approach it seriously, meaningful professional opportunities.
The definition of what notaries do is also evolving. Remote online notarization has expanded the geographic and operational possibilities of the role for notaries in states where RON is authorized. That expansion brings new technology requirements, new state compliance considerations, and new decisions about which platforms and networks may best support your practice.
Whether you are refining your understanding of your existing commission, exploring RON authorization in your state, or evaluating platform options like NotaryCam for independent notary software or contract work, the foundation remains the same. Know your state’s laws, understand the limits of your commission, and approach each notarial act with the care and impartiality the role requires. Those fundamentals tend to serve notaries well regardless of how the landscape continues to change.
Note: Notary laws, RON authorization requirements, and the scope of notarial duties vary significantly by state and are subject to change. Always verify current requirements with your state’s Secretary of State office and consult with a qualified attorney before performing any notarial acts or expanding into remote online notarization.
Frequently Asked Questions
How do you define notaries, and what makes the role distinct from other official witnesses?
A notary public is a state-appointed official whose core function is to serve as an impartial witness during the signing of important documents and the administration of oaths. What distinguishes notaries from other witnesses is the official nature of the commission and the specific duties it carries, including identity verification, administration of oaths, and maintenance of official records. Notaries are public officials bound by state law, and their seal and signature carry legal weight that a private witness’s signature generally does not. The exact scope of what a notary may do varies considerably by state, so understanding your specific commission is important.
What is the difference between a standard notary commission and RON authorization?
A standard notary commission authorizes you to perform notarial acts in person within your state. Remote online notarization (RON) authorization is typically a separate credential that allows you to perform notarial acts via a live audio-video platform, without the signer being physically present. Not all states currently permit RON, and in states that do, the authorization process often involves additional training, registration with the state, and in some cases the use of a state-approved technology platform. Holding a notary commission does not automatically authorize you to perform RON. Checking your state’s current rules through your Secretary of State’s office is the appropriate starting point.
What technology do notaries need to perform remote online notarizations?
To perform RON, a notary generally needs a computer equipped with a working webcam and microphone, a stable and reliable internet connection, and access to a compliant RON platform that meets their state’s technical requirements. The platform typically handles the identity verification process, including knowledge-based authentication and credential analysis, the live audio-video session, electronic document signing, digital seal application, and session recording and storage. Some states require notaries to use a state-approved or state-registered platform, so confirming your state’s platform requirements before selecting a provider is an important step. Technology needs can vary somewhat by platform, so reviewing the specific requirements of any platform you are considering is advisable.
How can joining a platform like NotaryCam support a notary’s practice?
For commissioned notaries who are authorized for RON in their state, working with an established platform, like NotaryCam, may offer a more efficient path to conducting remote notarizations than building independent infrastructure. The platform can handle the technical complexity of identity verification, session recording, audit trails, and document security, allowing notaries to focus on the notarial act itself. For notaries interested in contract work, NotaryCam’s notary services network may also provide access to transaction volume across multiple industries. It is worth noting that a platform relationship does not replace your individual state requirements. Your commission, your RON authorization, and your compliance with state law remain your own responsibility regardless of which platform you use.
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