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Improvised remote notarial act (RNA)
Posted by  VT_Syrup of VT on 4/3/20 9:49am Msg #618434
My state, Vermont, has issued an emergency rule which allows what they're calling remote notarial acts, which I'll abbreviate RNA. It goes like this:

The signer signs the docs by hand with a pen. If the signer is in a hurry, the signer may scan the docs and electronically transmit them to the notary. Otherwise, the signer may physically send the docs to the notary after the notarization ceremony.

The signer and notary engage in a secure audio-video conversation that is recorded. It isn't specified whether the video recording has to show the signers and notary simultaneously, or just capturing the video of the signers is sufficient.

The notary satisfies him/herself of the identities of the signers, using personal knowledge, a credible witness, or presentation of two forms of ID. Presumably the forms of ID are those in the notary law, which are quite flexible. The IDs are just held up to the camera; none of the "credential analysis" required by some other states.

The signer transmits the signed documents to the notary electronically or physically.

Upon receiving electronic docs the notary prints them and completes the special notarial certificates by hand with a pen. Optionally, the notary may use an official stamping device, which may be in the form of a rubber stamp or an embosser.

Upon receipt of paper docs, the notary completes the special notarial certificates in the usual manner (except that the completion is not "contemporaneous" with the notarization ceremony, which would be required if there were no emergency rule).

The special notarial certificates specify that the appearance was remote, and contain separate dates for when the signer executed the document and when the notary notarized it.

It occurs to me this could be made much more secure if the notary decides which ID is to be presented. It would be fairly easy for a crook to prepare two fake IDs that would be good enough to fool a notary over a video connection. It would be a huge amount of work for a crook to prepare a whole array of all the IDs a person would normally have. The notary can ask for additional information to support an ID.

Example conversation:

Notary: Do you drive?

Signer: Yes.

Notary: Please show me your driver license and car registration.

Signer shows the two docs.

Notary: Please walk with your phone out to your car and point the camera at the license plate.

Signer does it. Signing continues.

The rules:

https://sos.vermont.gov/media/mixppvcq/emergency-rules-remote-notary-final-2020-0324.pdf

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Messages in this Thread
 Improvised remote notarial act (RNA) -  VT_Syrup on 4/3/20 9:49am
 Re: Snap Docs are offering RON I offered that question a... -  OR on 4/3/20 12:53pm
 No, you asked "Why can't we skype?" - Linda_H/FL on 4/3/20 1:02pm
 Re: Improvised remote notarial act (RNA) -  Expeditor on 4/3/20 1:02pm
 Touche! n/m - Linda_H/FL on 4/3/20 1:04pm
 Re: Improvised remote notarial act (RNA) -  VT_Syrup on 4/3/20 1:38pm
 Re: Improvised remote notarial act (RNA) -  VT_Syrup on 4/3/20 1:44pm
 $500.00? - Philip Johnson on 4/3/20 1:50pm
 Re: Improvised remote notarial act (RNA) - NVLSlady/VA on 4/3/20 8:36pm
 Like! ^^^^^^ ;>) n/m -  JanetK_CA on 4/4/20 5:34pm
 All for a whopping $100.00 pitiful - Luckydog on 4/4/20 11:28am
 Re: All for a whopping $100.00 pitiful -  VT_Syrup on 4/4/20 12:18pm



 
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