RON: The Venue Problem

The Venue problem: In every state’s Code it is written that they must accept notarizations from other states as long as the notarial act was performed according to the laws in that state. Which I support because I notarize docs headed out of state every day. However, nowhere in any state’s code does it say that they must allow out of state notaries to remotely come into a state and conduct notarial acts for signers physically located in their state. Currently, online notaries place the venue as where they are physically located at the time the notarial act occurs, but in fact, this is incorrect. That notary is “Remotely” going into the state where the signer is physically located to conduct the signing. So, every remote notarization being conducted today could be invalid. The proponents of this bill will tell you no, the signing occurs in a virtual space between the notary and the signer. Which is an even bigger problem. This means that neither state, not the state where the notary is physically located nor the state where the signer is physically located have jurisdiction over the notarial act, thus rendering the notarization invalid. Notaries and the public at large need to understand both the upside and downside risks to this technology. We currently believe the downside risks outweigh the upside and oppose RON. Join us, your voice matters. Oppose AB 199.

Great point Matt. I had not thought of that before. Is the signing done via camera? I can’t imagine not having my clients present to determine their “capacity” to sign. I have had people try to get me to do notaries for individuals who had no idea what was going on!

Yes the signings are done via camera and microphone. How can any notary know if an id is real without actually touching it? A CA driver’s license for example has micro brail which can only be felt with the touch of a finger. This technology will open the floodgates to fraud.