With remote online notarization being so new, we get lots of questions for business clients, consumers, and those interested in our products. Here’s one of the most frequently asked questions to help you better understand remote online notarization. Please contact us with any questions you may have.
Can a notary execute a document if it relates to property or a transaction in another state?
Yes.
A notary can execute a document or transaction in another state. The notary performing the notarial act must be physically within the state where they are certified/commissioned to be a notary.
What This Means
All other states recognize a document notarized in Ohio by a valid Ohio notary. This is because of the statutory interstate recognition provisions in every state.
Interstate Document Notarization
Notaries are governed by the laws of the state in which they are commissioned. So, regardless of where the paperwork originated, the notary must comply with state law. They may even have to change the wording in the document. It must reflect the state in which the notarization takes place.
For example, if a Virginia notary performs a remote online notarization (RON) for a California signer, the law of Virginia governs the validity of the act. The state of California recognizes the notary act due to the interstate recognition statutory provisions (California Civil Code Sections 1182 1189). The same would be the case if the California signer appeared physically before the Virginia notary in Virginia for a traditional paper notarization. For example, while on a business trip to Arlington, Va., the signer appeared physically.
In the matter of a real property transaction and enforcing a notarial act, the location of real property does not affect the interstate recognition analysis. Interstate recognition is the promise states make to each other to legally honor documented transactions. This includes official notarial acts performed in accordance with the originating state’s laws.
All 50 states recognize a wedding in Florida done by a commissioned public notary. If the notary followed all of Florida’s state laws, the states approve the marriage.
However, a property’s location DOES dictate the law that governs the execution requirements as well as interstate recognition statutes.
Therefore, in a situation involving a signer in California with a California property but a Virginia notary (performing a RON), California law governs the document execution. It also governs the electronic recording requirements. Also, if a state needs two witnesses, such as Florida or South Carolina, with the interstate recognition of the RON performed in California, (again, California Civil Code Sections 1182 and 1189) the second witness can be the notary.
Checking and Correcting the Venue/Location
If a notary works with a document from another state, the paperwork must reflect where they are notarizing the document. The notary crosses out the original state and county under the “venue.” Then, their location replaces the original venue.
The notary must also verify that the wording in the notarial certificate is compliant with their own state’s guidelines. They attach a separate certificate if this is not the case. This certificate indicates the appropriate wording in the notary’s state.
Final Takeaway
A notary may execute a document relating to property in another state if they make sure the notarial certificate wording and venue are correct, and they are complying with all commissioning state laws. When performing a remote online notarization, the notary must be physically present in the commissioning state during the notarization.
eNotaryLog has a team of expert notaries and legal counsel who make sure all documents are notarized in the correct fashion, both efficiently and without error. For your next notarization, notarize with eNotaryLog a secure and convenient online experience. Visit Notarize Now to get started.
Have a RON question for us? Email info@enotarylog.com.
