In the past, notarization always meant meeting with a notary in person and signing with pen and paper. But today, many people use electronic signatures to handle contracts and forms online. The problem is: can they be notarized?

 

What Is a Notarized Signature?

A notarized signature is a signature that has been officially verified and witnessed by a notary public. A notary public is a government-authorized and neutral party to confirm the signers identity and that at the time of the signing, the signer is willing and the document is inspected making sure it is legitimate and valid. These actions form into an authentication process to avoid fraud.

Notarization makes a document legally enforceable. Meaning, all of the terms and stipulations all the parties involved in the document are now bound to follow them otherwise there would be a breach of contract. Once a breach of contract is committed, the offending parties can be held liable and are expected to pay damages.

 

Today, notarization can be done with the help of digital methods such as signing a document through electronic signature.

What Is an Electronic Signature?

An electronic signature (often called an e-signature) is a way to sign documents online instead of using pen and paper. It can be as simple as typing your name, drawing your signature with a mouse or touchscreen, or clicking a button that says “I Agree.”

E-signatures have now been widely used by almost all industries and has help business stay quick and efficient with anything regarding signing a document. As long as they all the elements are present when signing a document is present, then that document is considered legal and binding.

 

Can You Notarize an Electronic Signature?

Yes, electronic signatures can be notarized and this process is called electronic notarization (sometimes called eNotary), and in many places, it’s also done through remote online notarization (RON).

Electric notarization does not always mean you won’t have to appear before the notary public. They will still require your presence but the process will be done through the digital method.

  • Electronic Notarization (eNotary): The signer and the notary are in the same physical location, but the signing happens on a digital device instead of paper.
     

  • Remote Online Notarization (RON): The signer and notary meet through a secure video call. The notary checks the signer’s ID online and witnesses the signing in real time.
     

In the United States, electronic notarization is legally supported by the ESIGN Act and the Uniform Electronic Transactions Act (UETA). But, refer to the local laws of your respective state because some allow it while others still require for you to be in person.

What Documents Can Be Notarized Electronically?

Almost all documents that can be notarized in the traditional method can also be applied in electronic notarization.

  • Real estate forms like closing disclosures and refinancing documents

  • Loan agreements and financial contracts

  • Power of attoerney documents

  • Affidavits and sworn statements

  • Business agreements and contracts

The exceptions however are but not limited to:

  • Birth, death, and marriage certificates

  • Adoption papers

  • Certificates of citizenship

  • Documents with pre-existing signatures

  • Court orders