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IPEN State Requirements
IPEN, or In-Person Electronic Notarization, follows the same process as traditional notarization, with one key difference: rather than using paper documents, the process occurs digitally on a tablet, phone, or laptop. Both the signer and the Notary still meet face-to-face as usual, review and validate the documents on a digital device (such as a computer or smartphone), and utilize digital signatures instead of ink ones.
State Requirements
Every state maintains its distinct set of regulations and protocols concerning In-Person Electronic Notarization.
In all states and Washington, D.C., except for New York, In-Person Electronic Notarization (IPEN) is permissible under the Uniform Electronic Transactions Act. While not all states have implemented specific laws governing IPEN, you can find relevant information for each state's current stance.
**Finally, it is mandatory to use an official stamp when conducting IPENs.
Application or affixing of the electronic signature or seal can be facilitated through a public key certificate or an Electronic Notary System.
For individuals, whether existing Notaries or first-time applicants, seeking to conduct electronic notarizations, obtaining an additional Electronic Notary commission is necessary. However, applying for this commission remains optional. Individuals have the flexibility to apply for both commissions concurrently, or an existing Notary can pursue an Electronic Notary commission at any point during their current Notary Public commission term. It's important to note that both Notary Public and Electronic Notary Public commissions share the same identification number and expiration date.
For those already commissioned, a $20 information and services fee is applicable. Alternatively, individuals applying for a commission and seeking to perform IPENs may opt to submit a Notary Public Appointment Form (Form NO), incurring a fee of $45 for both commission and IPEN privileges.
Register online with the Secretary of State and select one or more tamper-evident technologies. These technologies must utilize a digital certificate compliant with the X.509 standard endorsed by the International Telecommunication Union or a similar industry-standard technology.
While using an electronic official stamp is not obligatory, if chosen, it must be unique and consistently utilized for all IPENs. In the absence of an official stamp, ensure that the certificate of notarial act includes:
Lastly, attaching or logically associating your electronic signature and official stamp (if applicable) to an electronic record necessitates a digital certificate.
To initiate the process, active commission holders are required to complete the Request for Duplicate/Notice of Change form, while initial applicants or those renewing their commission should fill out the Notary Application and Instructions form.
Additionally, providing essential information about the chosen provider is mandatory. Once this information is approved and recorded by the Department of State, Notaries can commence performing In-Person Electronic Notarizations.
During IPENs, Notaries have the option to utilize an electronic official stamp. Alternatively, they can sign and date a Certification of Notarial Act, including their title and commission expiration. This certificate must also clearly denote the jurisdiction where the notarial act takes place.
Upon validation of their submission, Notaries must then select an electronic notarization system that fulfills all state requirements. This system should facilitate the affixation of their electronic Notary seal and support the use of a Public Key Infrastructure (PKI) digital certificate.
Notaries in Missouri are obligated to participate in a training course and successfully pass an examination. Additionally, they are required to complete and submit an electronic registration form to the Secretary of State.
For IPEN procedures, Missouri Notaries are mandated to utilize electronic signatures and seals, which must be registered with the Secretary and linked to the Notary. It is imperative that Notaries maintain sole control over these signatures and seals.
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