I am a newer Notary in California and have seen different answers online weather California allows eNotarizations or not. Most say no, but a few sites said you can, does anyone know for sure if it is allowed?
Part 2 of my question is, if it is not allowed, would I be able to get commissioned in a neighboring state that does allow eNotarizations and start working online under the other states commission? Do you have to live in the other state to be commissioned?
I appreciate any help or advice! Thanks
California currently does not permit Remote Online Notarization (RON) in which you are in one place, the signer is in another and the notarization is done via video. However, California DOES allow e-notarization - page 22 of your 2021 handbook
"Electronic Notarizations
California notaries public are authorized under current law to perform notarizations on documents electronically as long as all the requirements for a traditional paper-based notarial act are met, including the use of a seal for all but two specifc documents used in real estate transactions. California law requires a person to appear personally before a notary public to obtain notarial acts like
acknowledgments or jurats. This means the party must be physically present before the notary public. A video image or other form of non-physical representation is not a personal appearance in front of a notary public under California State law. "
Great, thank you so much Linda. Would you happen to know about being commissioned in another state to perform RON work? I’m not sure if I would be allowed to be commissioned in say Nevada in order to do online work or if that is not allowed… I’m trying to increase my workload as a newer Notary.
You’d have to check their website and/or handbook and see if it’s allowed - most states require you reside in the state or maintain a business within the state. This query should be addressed to the neighboring state you’re interested in and also to your own state to see if there’s any prohibition against you being dual commissioned. (your handbook or your SOS
LindaH-FL’s reply is true, from a certain point of view, but I want to add something.
There are two different questions:
Are California notaries permitted to perform notarizations while communicating with the signer via video, sometimes called Remote Online Notarization (RON)? No.
Is a person physically located in California allowed to contact, by video, an out-of-state notary commissioned by and located in a state that permits RON, and get a document notarized? California does not offer a clear answer, but people are doing it and seem to be getting away with it.
