Before performing a remote online notarization in the US, a notary must hold an active traditional commission, obtain a separate remote authorization from their state, and verify that their technology meets statutory requirements for audio-video recording and tamper-evident sealing. The client prepares the file beforehand by uploading documents, submitting ID data, and completing identity proofing. The notary then enters the live session to review the completed intake, confirm identity, witness the signature, and execute the notarial certificate with their own digital seal.
RON is only legal where state law authorizes it and only where the notary has confirmed their own authorization. The steps below follow the sequence a notary experiences, from commissioning through the sealed record.
Confirming your commission and state authorization
Your base notary commission alone does not permit remote online notarization. You must complete a separate application, registration, or commission upgrade through your state's commissioning authority before performing any RON act.
State onboarding requirements differ. In Florida, under Florida Statutes § 117.225 and Florida Administrative Code Rule 1N-7.001, a notary must complete a state-approved education course, obtain a $25,000 surety bond and a $25,000 errors and omissions insurance policy, and file a registration with the Department of State. In Texas, under Texas Government Code § 406.105 and 1 TAC § 87.11, an active notary must submit an online notary application to the Secretary of State and file an electronic seal along with an X.509 digital certificate. In Virginia, under Code of Virginia § 47.1-5 and the Secretary of the Commonwealth's Electronic Notarization Assurance Standards, a commissioned notary must apply for an electronic notary commission, register compliant tools, and furnish an electronic seal and digital signature.
Contact your Secretary of State or commissioning body directly for current requirements, as RON laws change frequently. An expired or unverified commission prohibits you from conducting any RON session. Some states have updated their commission upgrade processes recently, so confirm the current procedure rather than relying on older guidance.
You can review the full remote online notarization setup guide to understand how the practice build fits together end to end.
Setting up the secure digital environment
Your hardware and software must meet state minimum standards for synchronous two-way audio-video recording, encryption, and tamper-evident sealing. State rules specify the capabilities required, not particular brands or products.
The technology must support live audio-video communication, record the entire session from start to finish, and store that recording in a secure, tamper-evident format. The electronic seal and digital signature must bind to a Public Key Infrastructure (PKI) X.509 digital certificate that renders any subsequent document modification detectable. Evaluating e-signature and sealing technology for compliance means confirming that the tools you choose produce records meeting these statutory thresholds.
Verify that your setup captures the full audio-video record continuously, that the journal system prevents post-entry alteration, and that the sealing technology produces a cryptographically verifiable result. Cryptographic time-stamping secures the digital seal against later disputes by binding the signature to a verified time.
Client pre-appointment responsibilities
The client prepares the transaction file before the live session begins. This preparation makes the file ready for the notary's review, but it does not complete the notarial act. The boundary between client preparation and notary execution is strict and statutory.
Under state models including Texas 1 TAC § 87.70, Florida Statutes § 117.265, and Pennsylvania 57 Pa.C.S. § 306.1, the client must independently:
- Upload the complete, unexecuted electronic document.
- Verify that their equipment supports synchronous two-way audio-visual transmission.
- Submit a government-issued photo credential for automated analysis.
- Complete dynamic identity proofing via knowledge-based authentication.
- Provide any payment required for the booking.
The notary cannot prepare or sign on behalf of the client. The client's work produces a complete intake file that the notary then reviews in the live session. Automating client intake with ID pre-check, scheduling, and payments helps ensure the file arrives complete and ready. For payment handling, confidentiality and compliance must be maintained throughout.
Identity verification standards and evidence types
Unless the principal is personally known to the notary or introduced by a qualified credible witness, RON statutes require two separate verification mechanisms: automated credential analysis and dynamic knowledge-based authentication. Both must pass before the notarial act can proceed.
Automated credential analysis
Credential analysis uses algorithmic checks of public and proprietary sources to confirm the authenticity, format, and embedded security features of an unexpired, government-issued photo ID. The system inspects bar codes, machine-readable zones, holograms, and other features to verify that the credential itself is genuine. The Texas Secretary of State outlines these requirements under 1 TAC § 87.70.
Dynamic knowledge-based authentication
Dynamic KBA generates a quiz from commercial and public database records. The signer must answer questions drawn from their credit history and public record data. Under Texas 1 TAC § 87.70(b) and Florida Statutes § 117.295(3)(a), the KBA quiz must present at least five questions with a minimum of five multiple-choice options per question. The signer must answer at least 80% correctly within a two-minute window.
If the signer fails the initial quiz, state regulations allow one retake within 24 hours. At least 60% of the questions must be replaced on the retake. A second failure triggers a mandatory 24-hour lockout, during which the remote notarization cannot proceed with the same online notary. For a broader view of verification methods across jurisdictions, see digital identity verification methods for remote online notarization.
What the notary alone must do during the session
The notarial act itself remains personal to the notary. Automation handles credential analysis and document routing, but the notary alone performs the acts that constitute the notarization.
During the synchronous recording, the notary must review the complete intake file the client prepared, confirm the signer's identity by visual comparison with the credential, assess the signer's competency and willingness, verbally administer any required oath or affirmation, and witness the client signing electronically. The Uniform Law Commission's Revised Uniform Law on Notarial Acts drafting committee explains that through synchronous audio and visual communication, the notary can assess the competency of the individual and whether the individual's acts are knowingly and voluntarily made.
A notary shall exercise reasonable care in the performance of his duties generally. He shall exercise a high degree of care in ascertaining the identity of any person whose identity is the subject of a notarial or electronic notarial act.
Virginia General Assembly, Code of Virginia § 47.1-14
After witnessing the signature, the notary personally affixes their electronic signature and digital seal. The seal must bind to a PKI X.509 digital certificate that renders any subsequent modification tamper-evident. The notary, not the platform, is responsible for confirming that the certificate and seal function correctly before the act is completed. For more on this layer, see e-signature and document sealing for notaries.
Record retention and journal entry requirements
Every remote online notarization requires contemporaneous entry into an electronic journal that captures specific mandatory data points. The journal must be secure and tamper-evident, and it must cross-reference the audio-video recording of the session.
Under state rules including Florida Statutes § 117.245, Texas 1 TAC § 87.50, and Virginia Code § 47.1-14, the electronic journal must record:
- The date and time of the notarial act.
- The type of act performed, such as an acknowledgment, oath, or jurat.
- The title or description of the document.
- The full name and address of each signer.
- The method of identity verification used.
- A notation that the notarization was conducted remotely via audio-video technology.
- A direct cross-reference to the corresponding audio-visual recording.
Certain state privacy laws explicitly prohibit logging complete government identification numbers, Social Security numbers, or biometric data into the journal. Texas 1 TAC § 87.50 is one example. Record the type of ID used, not the full number. For deeper guidance, best practices for managing e-journals and tamper-evident records cover the operational details.
An online notary public shall keep one or more secure electronic journals of online notarizations performed by the online notary public.
Florida Legislature, Florida Statutes Chapter 117 Part II
How long you must keep the recordings
Retention periods for RON journals and audio-video recordings vary by jurisdiction. The split falls primarily between five-year and ten-year requirements.
| Jurisdiction | Minimum retention period | Governing authority |
|---|---|---|
| Florida | 10 years from transaction date | Florida Statutes § 117.245(4) |
| Pennsylvania | 10 years from transaction date | 57 Pa.C.S. § 306.1; 49 Pa. Code § 167.86 |
| Texas | 5 years from transaction date | Texas Government Code § 406.108(b) |
| Virginia | 5 years from transaction date | Code of Virginia § 47.1-14(C) |
The model Revised Uniform Law on Notarial Acts sets a default ten-year retention standard for audio-visual recordings. Confirm your own state's requirement directly, as retention law determines how long you must maintain storage and access. For the operational side, maintaining notary e-journal integrity covers how tamper-evident features protect stored records over the full retention period.
Handling failed identity verification
If credential analysis rejects the ID or the signer fails dynamic KBA twice, the identity proofing sequence is legally invalid. Under Florida Statutes § 117.295 and Texas 1 TAC § 87.70, the notary cannot proceed with the transaction.
If verification passes
- Proceed to the live audio-video session and conduct the notarial act.
- Record the verification method used in the journal entry.
- Retain the credential analysis result and KBA outcome as part of the session record.
If verification fails
- Abort the session immediately and do not execute the notarial certificate.
- Document the failed attempt and the reason for cessation in the journal.
- Inform the client of the 24-hour lockout before a retry with the same notary.
Where journal regulations address refusals, such as Virginia Code § 47.1-14 standards and administrative guidelines, the notary must record the failed attempt or refusal to perform the notarial act, noting the reason for cessation without executing the certificate. This documentation protects the notary from liability for proceeding when the law prohibits it.
Do not attempt to override a failed verification by relying on personal knowledge if your state statute requires both credential analysis and KBA. Read your state's rule carefully, as the requirements for personal knowledge exemptions vary.
To see how the full process fits together, you can review the remote online notarization setup guide that walks through the practice build end to end.
Compliance checklist before your first RON session
- Active base commission confirmed with your Secretary of State.
- Remote authorization or commission upgrade approved and on file.
- Technology meets state standards for audio-video recording and tamper-evident sealing.
- Electronic journal system captures all mandatory data points.
- Retention period confirmed for your jurisdiction, five or ten years.
- Protocol established for handling failed identity verification and documenting the refusal.
