Although online eNotarizations have been gaining in popularity, remote eNotarizations are still rare. So rare, they could only be conducted by Virginia-based notaries, until recently.
In Virginia, a notary does not need to be “in the presence of” the person signing the document. In 2012 the Commonwealth of Virginia passed legislation to allow for online remote eNotarizations. NotaryCam President and CEO Rick Triola told The Title Report this allowed the industry to move forward, removing the ‘last mile’ of friction for a complete digital eClosing. NotaryCam is the Global leader, processing tens of thousands of legally binding online notarization’s in over 50 States and now over 60 Countries..
“In the past, eNotarizations required an in-person signing ceremony, so nothing really changed except that instead of sitting around with papers, all parties are now looking at each other via our proprietary video conferencing platform and electronically signing all docs – On Demand,” Triola said. “Interstate recognition of notarization’s has long been the law of the land – protected by the full faith and credit clause in the (U.S.) Constitution and by laws in every state.”
This means the Virginia legislation allowed online remote eNotarizations for anyone in the country or world. According to Triola, anyone can use a NotaryCam ceremony for property transactions in the United States, as long as the notary is based in Virginia – and now in Montana.
Montana Senate Bill 306 adopted portions of the Revised Uniform Law on Notarial Acts, which allows for notarization of digital or electronic documents, and in certain specific situations the use of live, two-way audio/visual communication to fulfill the requirement for personal appearance.
The bill, signed into law in October 2015, was drafted at the request of various business groups, including bankers, credit unions, title companies and automobile dealers, according to Montana Secretary of State Communications Director Blair Fjeseth. It received support and endorsement of these groups throughout the legislative process. The Secretary of State supported the bill in the Montana House and Senate, where it received bipartisan endorsements. The Notary Division of the Secretary of State’s office initiated the process of writing rules to implement Senate Bill 306. Now Montana notaries can offer their professional services with a click of the mouse!
“eNotarizations and (online) remote notarizations are responses to the evolution of technology and the increasing demands of a mobile society,” Fjeseth said. “The legislation was designed to modernize and clarify Montana laws governing notaries public and to provide a stable infrastructure for the performance of notarial acts with respect to both paper and digital records and the technology of the future. It reflects the need for aligning the traditional role of the notary public with the demands of the modern world.” NotaryCam will be presenting it’s award winning solution at the Montana Credit Union Annual Conference in Missoula on May 9, 2016 and the 2016 Montana Notary Conference in Great Falls om May 12th.
“The industry is finally trending towards online eNotarizations,” Triola said. “We’re simply providing our notaries with the most sophisticated tools providing the highest level of security – it’s all about customer care and compliance for all the parties involved. We store the entire ceremony, audio and video, for a minimum of five years as solid digital evidence. We’ve cracked the code and removed all the associated friction with having to find a notary and meet physically in person – you’re not physically in the room, but you are still meeting with a certified professional notary/state official and you’re doing it at your convenience – from anywhere.
“Why would anybody not want to do this? It just makes too much sense” concluded Triola.