A remote notary public can easily authenticate as many of the same types of documents as an in-person notary would have, provided that land law and the receiving party accept remote notarization. Therefore, clients need to know the major document categories so that they can find the right balance between whether they should attend an online session or if the in-person notarization may, in fact, be required. More so, remote notarization comes with additional levels of security, including identity verification, video recording, and tamper-evident digital seals to ensure security for both the signer and the recipient.
Powers of Attorney
A remote notary has the option of notarizing many types of power of attorney, including durable, limited, financial, and healthcare powers of attorney, as long as remote notarization is permitted by the state. Many states allow remote notarization for these powers of attorney. These documents give one person the authority to do something financial, medical, or legal for the person who signs the permission form, so identity checks and clear confirmation of intent are so important. Additionally, many states now accept remotely notarized powers of attorney, but signers should still check with banks, hospitals, or agencies that will be relying on the power of attorney to see what requirements will be set in place.
Affidavits and Sworn Statement
Other common candidates for remote notarization include affidavits and sworn declarations, such as general affidavits and declarations for administrative purposes, and character affidavits. The notary identifies the signer, adds an oath or affirmation, via live video, and confirms that the signer understands that he or she is being sworn to make the statement under the penalty of perjury. But in some court jurisdictions, there may be some restrictions on using remote notarization for filings for litigation purposes, so parties should check the court rules before using any online notarization.
Real Estate and Property Documents.
In some states, remote notaries can notarize documents used for real estate purposes (for example, the notarization of real estate-related documents, e.g., deeds, deeds of trust, documents associated with real estate, mortgage documents, and releases for property liens), although such notaries are more typically authorized through a remote online notarization law for property transactions. This mobility permits buyers, sellers, and lenders to perform transactions in which parties are in different locations, which is especially useful in the event of relocating or investment properties. However, certain title companies and lenders do have internal policies, so they still might require physical closings for some high-value or interesting transactions.
Loan and Financial Statements
Loan contracts, personal guarantees, and promissory notes. Depending on the financial institution, some types of forms individuals can notarize over the internet if electronic and remote notarization are permissible. This method of approving mortgage fraud – by allowing borrowers to sign securely from home while still satisfying legal requirements for applying the notary stamp to the document – accelerates the approval process. Additionally, the digital audit trail that the remote session creates is also helpful in settling disputes later regarding who signed and when they signed.
Business and Corporate Documents
Business owners often use remote notaries for things like corporate resolutions, articles of incorporation, operating agreements, and other documents requiring notarization when applying for filing or internal business governance. Remote notarization is particularly helpful for situations in which partners, officers, or shareholders are in different locations, like cities and states, but need to sign within tight deadlines for filing. Furthermore, many state filing offices now accept electronically notarized and electronically submitted business papers, making the whole procedure faster and more efficient.
Conclusion
Remote notarization provides individuals and businesses with a safe, convenient means to notarize powers of attorney, affidavits, real estate documents, loan documents, business documents, etc., without having to travel to an in-office notary. However, it’s important to ensure that your state law, as well as the receiving institution, accepts remote notarized documents to be used in your particular use case. When used correctly, remote notarization brings together the legal validity of notarization and the digital security of a modern-day transaction, making it a great option for many everyday transactions.
If you are struggling to decide if your document qualifies for remote notarization or if you need more advice on how to prepare your documents for notarization, then you can contact someone for assistance.
Contact Information Phone: (405) 435-8355 Email: vivien@ojpslegal.com
