A common misconception in the notary world is that once you’re a commissioned notary public, you can automatically perform electronic notarizations. However, this couldn’t be further from the truth. In reality, a traditional notary commission doesn’t automatically authorize you to conduct electronic notarizations – this requires additional steps and approvals. This blog post will clarify the key differences between traditional and electronic notarizations, explain why a standard commission isn’t enough, and guide you through the process of becoming authorized for e-notarizations.
Understanding the Fundamental Differences
Traditional vs. Electronic Notarizations
While both serve the same fundamental purpose of verifying identities and preventing fraud, there are crucial differences:
- Traditional Notarizations
- Performed in person with physical documents
- Use ink stamps and handwritten signatures
- Require no special technology
- Electronic Notarizations
- Can be performed remotely in many states
- Utilize digital signatures and e-seals
- Require specific software and compliance measures
According to the National Notary Association, only 28 states currently allow remote online notarization (RON) as of 2024, highlighting the regulatory complexities.
Why a Standard Commission Isn’t Enough
Legal Restrictions
Most states explicitly require notaries to:
- Obtain separate authorization for electronic notarizations
- Register their digital credentials with the state
- Use approved technology platforms that meet state standards
For example, Texas Administrative Code mandates that notaries complete a state-approved training course before performing any electronic notarizations.
Technological Requirements
Electronic notarizations demand:
- Digital certificates from approved providers
- Secure signature creation devices
- Tamper-evident technology
A standard notary commission doesn’t provide these technological capabilities. As noted by Notarize, the average setup cost for e-notarization ranges from $100-$500, covering software, hardware, and training.
How to Add Electronic Notarization to Your Commission
Step 1: Check Your State’s Requirements
Visit your secretary of state’s website to verify:
- Whether e-notarization is permitted
- Specific training requirements
- Approved technology vendors
Step 2: Complete Required Training
Most states mandate courses covering:
- Digital security protocols
- Identity verification for remote signers
- Recordkeeping for electronic journals
The Notary Public Administrators offers state-specific training starting at $79.
Step 3: Select an Approved Technology Provider
Choose from platforms like:
- DocuSign Notary for business documents (Source)
- Notarize for remote online notarizations (Source)
- NotaryCam for real estate transactions (Source)
Step 4: Submit Your Application
Prepare:
- Proof of your existing commission
- Training completion certificates
- Technology provider information
Processing times vary from 2-6 weeks, with fees typically under $100.
Consequences of Performing Unauthorized E-Notarizations
Notaries who perform electronic notarizations without proper authorization may face:
- Commission revocation
- Civil penalties (up to $5,000 in some states)
- Criminal charges for fraud in severe cases
The American Society of Notaries reports that 32% of notary disciplinary actions in 2023 involved improper electronic notarizations.
Special Considerations for Remote Online Notarizations (RON)
For RON (where signers aren’t physically present), additional requirements often include:
- Audio-visual recording of the entire session
- Knowledge-based authentication questions
- Credential analysis of government-issued IDs
Platforms like Proof provide these tools as part of their compliance packages.
The Future of Notarization
With the SECURE Notarization Act pending federal approval, electronic notarization may soon become standardized nationwide. However, as of 2024, notaries must still navigate varying state regulations.
Key Takeaways
- A standard notary commission does not authorize electronic notarizations
- Adding e-notarization capability requires additional training, technology, and state approval
- Unauthorized e-notarizations can result in serious legal consequences
- Requirements vary significantly by state and notarization type (in-person vs. remote)
For the most current information, always consult your state’s notary division before attempting electronic notarizations.