Can I Use Any Online Notary in the United States? Understanding How Remote Online Notarization Really Works

One of the greatest advantages of Remote Online Notarization (RON) is convenience.

You may be sitting at home in Florida, traveling in California, visiting family in another state, or even located outside the United States and need a document notarized.

Depending on the circumstances, an online notary commissioned in a U.S. state may be able to help you without either of you traveling anywhere.

But there is one VERY important thing consumers need to understand:

Online notarization may cross state lines, but notary laws do not.

The Notary Is Still Bound by Their State's Law

When you connect with an online notary, the laws governing that notary don't simply disappear because the notarization is happening online.

The notary is commissioned by a particular state and must follow the laws, rules, identification requirements, technology requirements, and limitations that apply to that commission.

For example, Florida law allows a properly registered Florida online notary who is physically located in Florida to perform an online notarization even when the signer is physically located somewhere else. The notarization is treated as having been performed in Florida and is governed by Florida law.

Other states have their own RON statutes and requirements.

That's why asking "Can this be notarized online?" is sometimes only the first question.

The next question may be:

"Which state's online notary can legally complete this particular notarization under these circumstances?"

Identity Verification Is a Great Example

This becomes especially important when we talk about identification.

Remote Online Notarization generally involves more than simply holding your driver's license up to a webcam.

Depending on the applicable state law, the process may involve things such as:

• Government-issued identification

• Credential analysis

• Knowledge-Based Authentication (KBA)

• Biometric identity proofing

• Personal knowledge

• Remote presentation of identification

• Other legally authorized identity-proofing methods

But here's the important part:

Just because a technology can verify your identity does not automatically mean every state's law allows a notary to rely upon that method.

A RON platform may be technologically capable of performing biometric verification, for example, but the notary still has to determine whether that method satisfies the law governing their commission.

Florida provides a good illustration. Its RON law specifically addresses remote presentation of identification, credential analysis and identity proofing, including KBA or another method conforming to Florida's statutory standards.

A notary commissioned somewhere else must look to their state's requirements, not Florida's.

"But the Platform Let Me Pass!"

This is another important distinction.

Successfully completing an online platform's identity-verification process doesn't necessarily mean the notarization can proceed.

The technology is a tool the notary uses to perform the notarization.

The technology does not replace the notary's legal responsibilities.

If the platform offers a particular identification method but that method does not satisfy the law applicable to the notary performing your notarization, the notary may need another method—or may not be able to complete the notarization at all.

That's why you may hear:

"I was able to do this with another online notary."

That may be completely true!

But the other notary could have been commissioned in a different state with different legal requirements.

What If I'm Outside the United States?

Being outside the United States doesn't necessarily mean Remote Online Notarization is unavailable to you.

Some state RON laws provide mechanisms for online notarizations involving remotely located individuals outside the United States, but additional requirements or limitations can apply.

Identification is one example. Florida law specifically addresses the use of certain foreign passports for principals located outside the United States.

The document, transaction, destination country, receiving agency and law governing the notary can all matter.

So if you're overseas, don't automatically assume the answer is either "Yes, any online notary can do it" or "No, I have to visit an embassy."

Ask first.

Choosing an Online Notary Is About More Than Finding Someone Available

When you're searching for a Remote Online Notary, give them as much information as possible before your appointment.

Tell the notary:

Where are you physically located?

What type of identification do you have?

What document needs to be notarized?

Where will the document be used?

Does the document require witnesses?

Has the receiving agency given you specific notarization instructions?

Those details can help determine whether that particular online notary can legally and properly assist you.

Online Doesn't Mean "One Set of Rules"

Remote Online Notarization has made it possible for people to connect with notaries in ways that simply weren't practical before.

But RON isn't one nationwide notary system with one universal set of rules.

Think of it this way:

Your location may no longer be the biggest limitation. The notary's state law still matters.

Two qualified U.S. online notaries may look at the same signer, identification and document and reach different conclusions about whether they can proceed—not necessarily because one is wrong, but because they may be operating under different state laws.

That's why finding the right online notary for your particular situation matters.

Before scheduling, tell your online notary where you are, what identification you have, what you're signing and where the completed document will be used.

A few questions upfront can save a lot of frustration when it's time to sign.