Posted by BrendaTx on 10/23/11 10:09am
Msg #401338
Online notarization is illegal in Oklahoma
July, 2011 Press Release:
OKLAHOMA CITY – Attorney General Scott Pruitt’s Public Protection Unit Wednesday cautioned Oklahomans not to use online notarization services.
Pruitt issued the warning after consumers in several states reported being contacted by an electronic notarization service provider. The provider claimed their service could provide an online notary via webcam that bypassed the need to appear in person to receive notarization.
“Online notaries are illegal and should not be used by Oklahoma consumers,” Pruitt said. “A document must be notarized in person by a notary public with a valid state commission number.”
The function of a notary public is to act as an official witness to the identity of a person who comes before the notary. A notary is authorized to witness or attest a signature, administer an oath or affirmation, certify an oath or affirmation, take acknowledgments and certify or attest a copy.
For more information or to report fraud, contact the Attorney General’s Public Protection Unit at (405) 521-2029 or online at www.oag.ok.gov.
http://www.oag.ok.gov/oagweb.nsf/0/51B1B4F43A9F280E862578CC005B307F!OpenDocument
I will put the list together and post in this thread.
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Reply by BrendaTx on 10/23/11 10:17am
Msg #401339
List of States' Official Decisions on Online Notarizations
[If you know of any that I have missed, please add it to our growing list or PM me. Thanks.]
CALIFORNIA (March 2011)
"Online webcam notarization is invalid and illegal in the State of California. A private company claims to have the first online notarization website and has sent misleading information and made false claims to California notaries public concerning a new online notarization service. The web-based platform purports to allow a person to submit copies of identification over the Internet and to use a webcam in lieu of a personal appearance in front of a notary public. Appearance via webcam does not meet the requirements for notarization in California...."
http://www.sos.ca.gov/business/notary/customer-alert.htm
FLORIDA (May 2011)
"Thank you for contacting the Governor’s Notary Section. The physical presence requirement at the time of notarization is still in effect per section 117.107(9), Florida Statutes and there are no exceptions to the presence requirement. " (Via email.)
NEVADA (JULY 2011)
"Customer Alert: Online webcam notarizations are not permitted in the State of Nevada. A person seeking a notarization is required to personally appear before a notary public and sign the document in the presence of the notary. Appearance via a webcam or other electronic medium such as Skype does not meet Nevada’s law governing personal appearance. Please be aware of any online notarization service being offered by a private company..."
http://nvsos.gov/index.aspx?page=165
NEW JERSEY (July 2011)
"NOTICE Concerning Online Notary Services Utilizing a Web Cam or other Video Equipment: The Division of Revenue requested legal guidance concerning the practice of online notarization services utilizing a webcam or other video in lieu of a personal appearance in front of a valid New Jersey Notary. It has been determined that New Jersey’s statutes do not allow for this type of notarization."
http://www.nj.gov/treasury/revenue/notary_web_cam.shtml
RHODE ISLAND (June 2011)
"ALERT - Please be advised that pursuant to state law, all Notary Publics authorized to by his Excellency the Governor, may exercise said powers 'within this state'. An individual completing an acknowledgment must do so "before" a person authorized to take acknowledgments under Rhode Island law, including Notaries Public. The Governor of the State of Rhode Island and the Rhode Island Secretary of State have further set forth, by Executive Order, the requirement that the person completing an acknowledgment or seeking other services from the Notary Public must 'appear in person' before the Notary Public. Other electronic means of appearance, such as web cam and Skype, do not comply with the requirements of state law and the Executive Order."
http://sos.ri.gov/business/notary/
OKLAHOMA (July 2011)
“OKLAHOMA CITY – Attorney General Scott Pruitt’s Public Protection Unit Wednesday cautioned Oklahomans not to use online notarization services. Pruitt issued the warning after consumers in several states reported being contacted by an electronic notarization service provider. The provider claimed their service could provide an online notary via webcam that bypassed the need to appear in person to receive notarization…”
http://www.oag.ok.gov/oagweb.nsf/0/51B1B4F43A9F280E862578CC005B307F!OpenDocument
OHIO (July 2011)
"Scam alert: Online Notarization. Online webcam notarization” is invalid in Ohio, but at least one company is claiming to provide a web-based notary service to consumers throughout the U.S. Under Ohio law, if you need to get a document notarized to verify your signature on the document, you must be physically present with the notary public at the time you sign the document.
If you are not physically present (in person) with the notary public at the time of signing, the notarization is invalid and the document itself may become invalid..."
http://www.ohioattorneygeneral.gov/SpeakOutOhio/Blog/July-2011-(1)/Scam-alert--online-notarization
OREGON (July 2011)
ONLINE WEBCAM NOTARIZATION is invalid and illegal in the State of Oregon.
"A private company claims to have the first online notarization website and has false claims concerning a new online notarization service...It is important that Oregon notaries do not participate in this scheme. Clearly, Oregon notaries public who notarize in this fashion are breaking the law, and are subject to administrative and possibly criminal and civil sanctions. It is unclear if notarizations of Oregon citizens done remotely by notaries that are not in Oregon will be upheld in court."
http://www.filinginoregon.com/pages/notary/notary_news/index.html
TEXAS (Jan 13, 2011)
"Thank you for bringing this to our attention. Performing a notarization without the signer personally appearing before the notary at the time of the notarization is a Prohibited Act. It is specifically cited as good cause for taking disciplinary action against your notary commission. Tex. Gov’t Code Ann. § 406.009; 1 Tex. Admin. Code § 87.11(a)(16). Appearance by webcam or video conference is not personal appearance. Personal appearance means physically appearing in the presence of the notary." (Via email.)
WISCONSIN (May 2011)
"...Online webcam notarization is invalid and illegal in the State of Wisconsin. A private company claims to have the first online notarization website and has sent misleading information and made false claims to Wisconsin Notaries Public concerning a new online notarization service. The web-based platform purports to allow a person to submit copies of identification over the Internet and to use a webcam in lieu of a personal appearance in front of a Notary Public. Appearance via webcam does not meet the requirements for notarization in Wisconsin..."
http://www.sos.state.wi.us/NotOnLine.htm
Virginia’s Laws on Video Conferencing
Virginia lawmakers recently wrote laws regarding electronic notarization through the use of video conferencing, but the laws are not in effect.
VIRGINIA (March 2011)
"Still NOT lawful in 2011... the provisions of this act relating to the use of video and audio conference technology shall become effective JULY 1, 2012..."
After July 1, 2012, the ID methods described are very strict according to the new law: "(i). In the case of an electronic notarization, 'satisfactory evidence of identity' may be based on video and audio conference technology, in accordance with the standards for electronic video and audio communications set out in subdivisions B 1, B 2, and B 3 of § 19.2-3.1, that permits the notary to communicate with and identify the principal at the time of the notarial act, provided that such identification is confirmed by (a) personal knowledge, (b) an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority, or (c) a valid digital certificate accessed by biometric data or by use of an interoperable Personal Identity Verification card that is designed, issued, and managed in accordance with the specifications published by the National Institute of Standards and Technology in Federal Information Processing Standards Publication 201-1, "Personal Identity Verification (PIV) of Federal Employees and Contractors," and supplements thereto or revisions thereof."
http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0731
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