In today’s digital-first world, electronic signatures have revolutionized how we execute documents. According to DocuSign, over 1 billion users worldwide now utilize e-signature technology, saving businesses an average of $36 per document. Yet despite this widespread adoption, confusion persists about notarization of these digital signatures. This comprehensive guide answers the pivotal question: can a notary notarize an electronic signature?
Understanding Electronic Signatures vs. Digital Signatures
Before diving into notarization, it’s important to distinguish between different types of electronic authentication methods.
What Constitutes an Electronic Signature?
An electronic signature, as defined by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), is “an electronic sound, symbol, or process attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.”
These can range from:
- A typed name at the end of an email
- A scanned image of a handwritten signature
- A signature created on a touchscreen device
- A click on an “I agree” button
Digital Signatures: Enhanced Security
Digital signatures take electronic signatures a step further by adding encryption and authentication layers. Adobe explains that digital signatures use certificate-based digital IDs issued by trusted service providers to verify signer identity and document integrity.
The Legal Framework for Electronic Notarization
Federal Laws Governing Electronic Signatures
Two primary federal laws govern electronic signatures in the United States:
- The Electronic Signatures in Global and National Commerce Act (E-SIGN) – Passed in 2000, this law established the legal validity of electronic signatures for interstate commerce.
- The Uniform Electronic Transactions Act (UETA) – Adopted by 49 states and the District of Columbia, this provides consistent rules across state jurisdictions.
According to the National Notary Association, these laws established that electronic signatures cannot be denied legal effect solely because they are in electronic form.
Traditional Notarization vs. Electronic Notarization
Traditional notarization typically involves:
- In-person appearance before a notary
- Presentation of government-issued identification
- Physical signing of documents
- Application of the notary’s physical seal and signature
Electronic notarization (eNotarization) follows the same basic principles but uses technology to facilitate the process. The key difference is that with eNotarization, the notary applies an electronic seal and signature to an electronic document.
Can Notaries Legally Notarize Electronic Signatures?
The short answer is yes, but with important qualifications and variations depending on state law.
In-Person Electronic Notarization
The American Society of Notaries clarifies that most states allow notaries to notarize electronic signatures when:
- The signer appears physically before the notary
- The signer creates their electronic signature during this in-person meeting
- The notary applies their electronic notarial seal and signature
This process, sometimes called in-person electronic notarization (IPEN), combines electronic documents and signatures with the traditional requirement for physical presence.
Remote Online Notarization (RON)
Remote online notarization takes electronic notarization further by eliminating the need for physical presence. According to The National Law Review, as of 2025, over 40 states have permanently authorized RON.
During a RON session:
- The signer and notary meet via secure audio-visual technology
- The signer’s identity is verified using knowledge-based authentication and credential analysis
- The electronic document is signed by both parties
- The session is recorded and saved as evidence
State-by-State Variations
It’s crucial to understand that notary regulations vary significantly by state. The Mortgage Bankers Association maintains a comprehensive tracker of state RON laws, showing that states have adopted different approaches:
- Some states have comprehensive RON laws with detailed technical requirements
- Others permit RON only for specific document types
- A few states still require physical presence for all notarial acts
Best Practices for Notarizing Electronic Signatures
Whether you’re a notary or someone seeking notarization services, following best practices ensures legal compliance and document validity.
For Notaries
Notaries considering electronic or remote notarization should:
- Understand state-specific requirements – The Notary Public Administrators section of the National Association of Secretaries of State offers guidance on specific state requirements.
- Obtain proper commissions and certifications – Many states require additional commissions or certifications for electronic and remote notarization.
- Use approved technology platforms – States often specify or certify particular RON platforms that meet their security and record-keeping requirements.
- Maintain comprehensive records – Electronic notarizations generally require more extensive record-keeping than traditional notarizations.
For Document Signers
If you need to have an electronic signature notarized:
- Confirm the notary’s authority – Verify that the notary is commissioned in a state that permits electronic or remote notarization for your document type.
- Prepare valid identification – Have government-issued photo ID ready; some RON platforms may require multiple forms of identification.
- Ensure technical readiness – Test your camera, microphone, and internet connection before a scheduled RON session.
- Understand document requirements – Some documents may still require traditional, in-person notarization depending on state law and recipient requirements.
The Future of Electronic Notarization
The landscape of electronic notarization continues to evolve rapidly. Forrester Research projects that the digital document processing market, including electronic notarization, will grow to $17 billion by 2026.
Several emerging trends are shaping this evolution:
Blockchain-Based Notarization
IBM Blockchain and other technology companies are developing blockchain solutions for document notarization that create permanent, immutable records of document execution and notarization.
Biometric Authentication
Advanced biometric authentication methods like facial recognition, fingerprint scanning, and voice recognition are increasingly being integrated into electronic notarization platforms, enhancing security and reducing fraud.
Interstate Recognition
The Interstate Recognition of Notarizations Act, reintroduced in several recent congressional sessions, seeks to establish nationwide standards for the recognition of notarizations across state lines.
Yes, notaries can legally notarize electronic signatures, but the specific processes and requirements vary significantly based on state laws and the type of notarization being performed. As digital transformation continues to accelerate across industries, electronic notarization offers compelling benefits in terms of convenience, efficiency, and accessibility.
Whether you’re a notary adapting to these technological changes or someone needing document notarization, staying informed about current laws and best practices is essential. As states continue to update their regulations and as technology evolves, electronic notarization will likely become even more streamlined and widespread.
For specific guidance on electronic notarization in your state, consult your Secretary of State’s office or a qualified legal professional to ensure compliance with all applicable laws and regulations.