Online Notarization

Originally published by Lori-Ann Craig.

Image Credit: Office.com

Here at the Harris County Law Library, we have many patrons who utilize and rely on our free notary services. With our physical library space closed to the public, we wondered how the closure would affect those patrons who need certain documents notarized, such as a Military Status Affidavit, a Texas Authorization of Nonparent Relative or Voluntary Caregiver, or a medical or statutory durable power of attorney. With the spread of the coronavirus, more and more states are authorizing remote online notarization. According to the Notary Bulletin of National Notary Association, remote notarization occurs when the signer appears before the notary using audio-visual technology, like a webcam, for instance. (Note: Please don’t confuse remote notarization with electronic notarization; in the latter, the documents to be notarized exist in electronic format, and both the notary and the signer use an electronic signature. See, “E-Notarization Basics: The Legal Framework” from the American Society of Notaries.)

Texas just happens to be one of those states that has enacted legislation allowing remote or online notarization. In fact, the laws governing online notarization were on the books back in 2018, before the recent COVID-19 pandemic. HB 1217, originally passed in 2017, added a new subchapter C to Chapter 46 of the Texas Government Code and deals specifically with online notaries public. Tex. Govt. Code § 406.101(9) defines an online notarization as “a notarial act performed by means of two-way video and audio conference technology that meets the standards adopted under Section 406.104.” Such standards are those established by the Texas Secretary of State. Texas Govt. Code § 406.105 which sets out the requirements and qualifications that applicants must satisfy when requesting to be appointed and commissioned as an online notary. Tex. Govt. Code § 406.110 details the steps that must be followed when performing an online notarization. Such steps include:

• verifying the identity of the person signing the document through either personal knowledge or remote presentation of government-issued identification credentials, credential analysis, or identity proofing;

• ensuring that the two-way video and audio communication is secure; and,

• stating in the electronic notarial certificate that the notarization is an online notarization.

To apply to become an online notary, there are several requirements specified by the Texas Secretary of State:

• one must hold a current commission as a notary public;

• know certain information, such as the date of the commission and notary identification number;

• not have been convicted of a felony or a crime involving moral turpitude;

• have a Digital Certificate containing your electronic signature, an electronic seal, and the ability to maintain an electronic record of the notarization and have a third party to perform identity proofing and credential analysis.

Once you satisfy the application requirements, all you need to do is complete the seven-step application process found on the website of the Texas Secretary of State:

• provide the required notary public information;

• acknowledge your agreement to comply with the rules regarding identity proofing and credential analysis;

• download and sign the Statement of Officer using your digital certificate;

• upload your electronic seal;

• pay the application fee;

• verify the information you supplied; and,

• submit the application.

Further Reading

For further information about online notarization in Texas and elsewhere, please see:

Remote Notarization: What You Need to Know (June 27, 2018, updated March 31, 2020) — National Notary Association

Getting Started as an Online Notary (accessed March 31, 2020) – Texas Secretary of State

Online Notary Public Educational Information (accessed March 31, 2020) – Texas Secretary of State

Electronic and Online Notarizations: What They Are and What You Need to Know Before Performing Them (accessed March 31, 2020) – Texas Secretary of State

Texas Government Code (current through November 2019) – Texas Constitution and Statutes

Texas Administrative Code (accessed March 31, 2020) – Texas Secretary of State

States Take Emergency Action on Remote Notarization and Signers’ ID (Updated 3/30/20) – National Notary Association

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

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