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An eNotary, or electronic notary, is a notary public who performs notarial acts involving electronic records and signatures. Electronic notarization can take place with the signer and notary physically together or, where the applicable law permits, through remote communication. In-person electronic notarization is commonly abbreviated IPEN; remote online notarization is commonly abbreviated RON.

Electronic notarization concerns both the form of the document and the performance of a notarial act. Remote notarization additionally concerns how the signer appears before the notary. The terminology, permitted procedures, identification requirements, and recordkeeping obligations vary by jurisdiction.

Forms of electronic and remote notarization

In-person electronic notarization uses electronic documents and signatures while retaining a face-to-face meeting between the signer and notary. Using an electronic document therefore does not necessarily mean that the notarization takes place remotely.

The National Notary Association distinguishes several methods used in the United States:

Forms of notarization

Method	Appearance before the notary	Document and signatures
Traditional notarization	In person	Paper document; handwritten signatures
In-person electronic notarization (IPEN)	In person	Electronic document and signatures
Remote online notarization (RON)	Audio-video communication	Electronic document and signatures
Remote ink-signed notarization (RIN)	Remote communication	Paper document; handwritten signatures
Paper remote online notarization (PRON)	Audio-video communication with identification procedures adapted to remote transactions	Paper document; handwritten signatures

Terminology and authorization for these methods vary by state; permission for electronic notarization does not itself authorize remote appearance.

Technology and procedure

Electronic signatures, seals, and certificates

Electronic notarization may use an electronic signature and notarial seal associated with the document. In Texas, the electronic seal contains information identifying the notary and commission, and the notary must maintain exclusive control of the electronic signature and seal.

A digital signature is a cryptographic mechanism that can support authentication and detection of changes to signed data. It is created using a private key and checked using the corresponding public key. Digital signatures provide integrity and authenticity protections; they do not by themselves provide confidentiality for the document.

The National Association of Secretaries of State's electronic notarization standards call for independently verifiable signatures and seals associated with the electronic certificate in a manner that reveals subsequent changes. The standards serve as guidance for states rather than constituting a single national notarial law.

Remote appearance and identification

New York requires real-time audio-video interaction, identification of the signer, and confirmation that the document presented for notarization matches the electronically signed record before the notary applies the signature and stamp.

New York permits identification through personal knowledge, specified combinations of identity proofing and credential analysis, or a qualifying witness.

Texas distinguishes identity proofing from credential analysis. Its identity-proofing process uses third-party knowledge-based authentication, in which the signer answers questions about personal history. Credential analysis examines a government-issued identification document's security features and information using third-party technology and authoritative information. The results are provided to the notary, who also compares the credential with the person appearing by video.

Records and retention

The notarized document, the notary's journal or electronic record, and a recording of a remote session serve different recordkeeping functions. Texas requires an electronic record containing transaction details and identity evidence, including the relevant audio-video recording, and requires retention for five years. New York requires the audio-video recording of a remote electronic notarization to be retained for at least ten years.

Retention arrangements may involve a technology provider or another repository. The NNA identifies storage duration, access to records, export facilities, and control over journal entries and recordings as matters to consider when selecting a platform.

Platforms

Electronic and remote notarization can be supported by commercial software or systems operated by notarial institutions. In the United States, platform approval requirements vary by state. Some states require notaries to use an approved provider, while others place responsibility on the notary to select compliant technology. The NNA publishes a directory organized by state; its entries include providers such as Notarize, BlueNotary, Notaron, and NotaryLive. In Germany, the Federal Chamber of Notaries operates the system used for authorized notarial online procedures.

Development and legal frameworks

United States

Electronic records and remote appearance

The federal Electronic Signatures in Global and National Commerce Act addresses electronic notarization in 15 U.S.C. § 7001(g). For transactions within its scope, the provision recognizes the authorized person's electronic signature, together with the other legally required information, when attached to or logically associated with the relevant signature or record.

The Uniform Law Commission promulgated the Revised Uniform Law on Notarial Acts (RULONA) in 2010, including provisions for electronic records and signatures. In 2018 it added provisions addressing notarial acts for remotely located individuals using audio-video communication. RULONA provides a model for state legislation.

According to the National Association of Secretaries of State, Virginia authorized remote electronic notarization in 2011, followed by Montana in 2015 and Nevada and Texas in 2017. NASS adopted revised electronic notarization and remote online notarization standards in 2018.

New York permitted remote ink notarization under temporary pandemic arrangements through 31 January 2023. Its electronic notary registration system began on 1 February 2023.

Territorial requirements

A remote signer's location and the notary's authorized location are distinct. Texas requires its online notary to be physically within Texas when performing the act, although the signer may be elsewhere. New York similarly requires the notary to be in the state; for a signer outside the United States, additional requirements connect the document or transaction to the United States.

Electronic closings and paper copies

An electronic mortgage closing can use either in-person electronic notarization or remote online notarization. The choice depends on whether the participants meet physically or through communication technology.

New York also permits "papering out": certification by the notary of a tangible copy of an electronically notarized record for recording or other purposes.

Canada: Quebec

In Quebec, notarial acts may be signed using technological media at the notary's office. Electronic execution does not itself imply that the parties are participating remotely.

Remote technological notarial deeds were introduced as an exceptional measure during the pandemic. The Chambre des notaires du Québec states that remote signing remains possible at a party's or witness's request when circumstances require it. The notary assesses the criteria individually for each signatory and cannot be compelled to authorize remote signing merely because the conditions are met.

Austria

Section 69b of the Austrian Notariatsordnung provides for electronic notarial acts using electronic communication. It requires secure identification of a remotely participating party through a video-assisted procedure using official photographic identification or a legally recognized electronic identification procedure. Responsibility for identification remains with the notary.

Participants must remain either physically present or connected through real-time, two-way audio and video. If the connection fails temporarily, the notary must suspend the procedure until it is restored. The act must identify participation through electronic communication.

Germany

Germany introduced notarial online procedures for certain company formations and register applications on 1 August 2022. The scope expanded on 1 August 2023 to include further company-law matters, including specified unanimous shareholder resolutions and applications to the register of associations.

The Federal Chamber of Notaries' procedure combines electronic identification, a videoconference with a notary, and a qualified electronic signature. Participants identify themselves using an eligible electronic identity document. The notary reads the act during the videoconference, after which the participant signs electronically using a personalized signature certificate.

France

French notaries prepare actes authentiques électroniques, or electronic authentic instruments. The document is reviewed with the parties, who may sign using a tablet, and the notary authenticates it electronically. Electronic originals are preserved through the notariat's central electronic archive, the Minutier Central Électronique du Notariat (MICEN).

France distinguishes electronic execution from remote participation. A procedure involving two notaries can connect separate offices while each party appears before a notary. Following temporary pandemic arrangements, a decree of 20 November 2020 made remote execution of authentic powers of attorney permanent, using secure videoconferencing and electronic signatures. That provision does not extend the same remote procedure to every type of notarial instrument.

See also

• Civil law notary
• Digital signature
• Electronic signature
• Notary public
• Public key infrastructure
• Uniform Electronic Transactions Act
• Uniform Real Property Electronic Recording Act