remote online notary association

How to become a Remote Online Notary in Texas:

If you're a Texas Notary and want to start performing notarizations online, it's been possible since July 1, 2018! Here's how to become an authorized remote online notary in Texas:

• Be a commissioned Notary Public in Texas: You must already hold a valid commission as a traditional notary public in the state.
• Choose a RON vendor: Select a Remote Online Notarization (RON) vendor that is approved by the Texas Secretary of State.
• Purchase a digital certificate and eSeal: Obtain a digital certificate containing your electronic signature and an electronic seal (eSeal) that are compatible with your chosen RON vendor. The digital certificate must meet specific requirements, including being X.509 compliant and issued by a third-party provider.
• Complete the online application: Fill out the Online Notary Application form on the Texas Secretary of State website.
• Sign the Statement of Officer form: Use your new digital certificate and eSeal to sign the Statement of Officer form within the application.
• Pay the application fee: Submit the $50 application fee along with a 2.7% processing fee.

***ONLINE NOTARY PUBLIC EDUCATIONAL INFORMATION

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Requirements to be a Remote Online Notary (RON) in Texas State:

A Texas notary public can perform an online notarization only when physically present in Texas, regardless of the signer's location. Should questions arise about a document during notarization, consult the document's author for clarification. The notary's role is not to revise the document itself, except for the notarial certificate section. Editing notarial certificates in electronic documents may be limited, and returning the document to the drafter for corrections might be necessary in such cases.

Texas Government Code §406.109

(a) An online notary public shall take reasonable steps to ensure that any registered device used to create an electronic signature is current and has not been revoked or terminated by the device's issuing or registering authority.

(b) An online notary public shall keep the online notary public's electronic record, electronic signature, and electronic seal secure and under the online notary public's exclusive control. The online notary public may not allow another person to use the online notary public's electronic record, electronic signature, or electronic seal.

(c) An online notary public may use the online notary public's electronic signature only for performing online notarization.

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What's needed to perform online notarizations in Texas State: 

Tex. Gov't. Code § 406.108(a) An online notary public shall keep a secure electronic record of electronic documents notarized by the online notary public. The electronic record must contain for each online notarization:

• Date and Time: The date and time of the online notarization.
• Type of Notarial Act: Whether it was an acknowledgment, jurat, or another act.
• Document Details: The type, the title, or a description of the document or proceeding.
• Principal Information: The printed name and address of each principal involved in the transaction or proceeding.
• Evidence of Identity: Evidence of identity of each principal involved in the transaction or proceeding in the form of:
  • A statement that the person is personally known to the online notary public.
  • A notation of the type of identification document provided to the online notary public.
  • A record of the identity verification made under Section 406.110, if applicable.
  • If a credible witness was used:
    • the printed name and address of each credible witness swearing to or affirming the person's identity; and
    • for each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public
• Audio-Visual Recording: a recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence; and
• Notary Fee: the fee, if any, charged for the notarization.

NOTE:

1 T.A.C. §87.50 Prohibition Against Entering Personal Information in a Notary Record Book

(a) A notary public (other than a court clerk notarizing instruments for the court) shall not record in the notary's record book:

(1) An identification number that was assigned by a governmental agency or by the United States to the principal and that is set forth on the identification card or passport presented as identification.

(2) Any other number that could be used to identify the principal of the document; or

(3) A biometric identifier, including a fingerprint, voice print, and retina or iris image.

(b) This section does not prohibit a notary public from recording a number related to the mailing address of the principal of the document or the instrument.

(c) This section does not apply to the audio-visual recording required by an online notary public performing an online notarization.

(d) A notary public who inadvertently records information prohibited under subsection (a) of this section shall redact such information prior to providing public access to or copies of the notary record book.

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More about Record-Keeping Requirements for Online Notaries

Per Tex. Gov't Code §406.108(b), The online notary public shall take reasonable steps to:

• Ensure the integrity, security, and authenticity of online notarizations.
• Maintain a backup for the electronic record required by Subsection (a); and
• Protect the backup record from unauthorized use.

Furthermore, Tex. Gov't Code §406.109(b) An online notary public shall keep the online notary public's electronic record, electronic signature, and electronic seal secure and under the online notary public's exclusive control.

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Frequently Asked Questions (FAQ)

• Do I need to keep an electronic record of an online notarization that I do not charge for?
  

Yes.  Every online notarization must be recorded in the notary’s electronic record and the record must include the information required by Tex. Gov’t Code §406.108, including a recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence.

• How much can online notaries charge for their services?

Online notaries may charge up to $25 for each notarization they perform in addition to regular notary charges.  Online notaries are not required to charge for their services, but they are allowed to charge up to $25 plus the regular notary fees authorized by Tex. Gov’t Code §406.024.

***For example:

1. If an online notary notarizes the signature of one person, the charge will be $35, i.e. $25 + $10 = $35;
2. If an online notary notarizes the signatures of two persons named in the same notarial certificate, the charge will be $36, i.e. $25 + $10 + $1 = $36;
3. If an online notary notarizes the signatures of two persons, and there are separate notarial certificates for each signing party, the charge will be $70, i.e. $25 + $10 for the first notarization and $25 + $10 for the second notarization, which totals $70.

• Do online notaries public need to obtain a bond in addition to the bond required to be a traditional notary? No.

• How long is the term of an online notary?
  

An online notary’s term runs concurrently with the term of that notary’s traditional commission.  For example, Jane Doe, a traditional notary, holds a commission that expires on January 16, 2019, and obtains her commission as an online notary on September 1, 2018.  Jane Doe’s online notary commission will expire on the same date as her traditional notary commission; namely, January 16, 2019.  When it is time to renew her online notary public commission, Jane Doe must renew her traditional notary public commission before renewing the online commission if she wants to continue to act as an online notary public, as the term of the online commission runs concurrently with the term of her traditional commission.  If Jane Doe no longer wants to perform online notarizations, she has the option of simply renewing her traditional notary public commission and not renewing her online commission. 

• How long must an online notary keep the electronic record of the notarizations performed by the notary (including the video and audio record of the notarization)?
  

Five (5) years from the date of notarization.  

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IMPORTANT LINKS

****Click the link below to access the Texas State Electronic Notary Application

Texas State Online Notary Application

****Click the link below to download a copy of the Texas State Government Code (For notaries)

Chapter 406 of the Texas Government Code

****Click the link below to download a copy of the Texas State General Provisions

Title 1, Part 4, Chapter 87 of the Texas Administrative Code

****Click the link below to get practice specific to your state

Chapter 121 of the Texas Civil Practice and Remedies Code

****Click the link below to get your digital certificate with Identrust

Get Your Digital Certificate

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**If you have questions, please check out the TX Government Code and Provisions links above. It's important to follow and research your state legislative laws. If you still have questions, you can send us an email at info@ronassociation.org OR reach out directly to your Secretary of State (SOS) at:

Notary Public Unit

Unit Mailing Address:
Notary Public Unit
Secretary of State
P.O. Box 13375
Austin, TX 78711-3375

Section Physical Address:
Government and Public Filings Division
Secretary of State
1019 Brazos St.
Austin, TX 78701

Office Hours 
Monday through Friday
8:00 a.m. to 5:00 p.m.

email - notary@sos.texas.gov
Phone: (512) 463-5705