Forum » General Notary Discussion

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4 posts, 3 voices


lindah 99 posts almost 9 years ago

For those of you who don’t frequent other forums, I’d like to make you all aware of this company and ask you to be very very careful.

This company performs notarizations across state lines via internet and webcam with no actual personal physical appearance before the notary. (For further information as to their process of identification, etc, please just google – it should be all over page 1 by now). Yes, it’s an almost instant notarization, however it should be noted that this form of notarization is illegal in most if not all states (rendering the notarization invalid) and goes directly against the mandates of NASS (National Association of Secretaries of State)…

“Under no circumstance shall a notary public base identification merely upon familiarity with a signer’s electronic signature or an electronic verification process that authenticates the signer’s electronic signature when the signer is not in the physical presence of the notary public.”

“Physical appearance” and “appears before the notary” mean that the principal and the notary public are physically close enough to see, hear, communicate with, and give documents to each other without reliance on electronic devices such as telephones, computers,*****cameras or facsimile machines."

A good concept? Sure…a great one maybe – BUT before anyone jumps on the bandwagon saying “yeah…I want to do this” check your own state’s notary laws – I know Florida spells out “personal appearance” as actual physical presence – the webcam does not substitute for that.

Also, they are actively operating out of CA (maybe) and New Jersey – so to anyone obtaining a notarization from this company right now, NJ has unequivocably stated that this is illegal. So, if you’ve obtained a notarization in this manner, chances are it’s not valid.

BTW, as a final note…the owners/managers behind this venture are not notaries. They are entrepreneurs – no crime there but obviously there’s a lack of knowledge of notarial law.

lindah 99 posts almost 9 years ago

As an update, NASS (National Association of Secretaries of State) has issued a new report dated January 14, 2011 which, in part, addresses electronic notarizations..:

“Therefore, UETA permits a notary public and other authorized officers to act electronically, effectively removing the stamp/seal requirements. However, it does not eliminate any of the other requirements of notarial laws.20 The process of notarization remains the same under UETA. Only the technology used to make a signature is different.”

and (bold added by me for emphasis)

“an electronic notarization must meet the same basic standards as a paper-based notarization. The traditional components remain present, including the notary certificate, the notary signature and the notary seal information. The signer must still appear before the notary public face to face in the same room. Requiring personal appearance allows a notary to interact with and affirm the identity of the signer, ensuring that he or she is authorized to sign and is not doing so under duress.”

So, face-to-face physical personal appearance is required…period. Each notary should stay on top of developments with regard to their own state laws in this matter – as far as I know, right now these “webcam” notarizations are not legal in Florida.

jlissem 15 posts almost 9 years ago

Yes, this guy is a fraud

mcgruder 5 posts over 1 year ago

Thank you for this awareness.