Legal Requirements and Procedures for Remote, Online, and Digital Notarizations in Oregon
Notarization is an essential part of legal transactions, ensuring that documents are authentic and legally binding. Traditionally, notarizations required in-person meetings between the notary public and the person seeking notarization. However, with advancements in technology and the need for efficient and convenient processes, remote, online, and digital notarizations have become increasingly popular. This article explores the legal requirements and procedures for remote, online, and digital notarizations in the state of Oregon.
Understanding Remote Notarization
Remote notarization, also known as online notarization, allows individuals to have their documents notarized without physically being present with the notary public. Instead, the notarization process is conducted through audiovisual technology, enabling remote interaction between the notary and the individual.
In Oregon, remote notarizations are governed by the Remote Online Notarization (RON) law, which was enacted in 2019. This law allows qualified notaries to perform remote notarizations using approved audiovisual communication technology.
Legal Requirements for Remote Notarization in Oregon
For a notary to be qualified to perform remote notarizations in Oregon, they must meet specific requirements. Firstly, the notary must be commissioned as an electronic notary public by the Oregon Secretary of State. Secondly, they must complete a course of study and pass an examination approved by the Secretary of State. Finally, the notary must contract with a remote online notarization services platform that meets the qualifications set by the Secretary of State.
Additionally, the individual seeking a remote notarization must also meet certain requirements. They must be physically located in the state of Oregon at the time of the notarization, and they must present satisfactory evidence of their identity to the notary through the audiovisual technology.
The Process of Remote Notarization
The process of remote notarization in Oregon involves several steps. Firstly, the individual must request a remote notarization from a qualified notary. The notary will verify the individual’s identity and confirm their eligibility for remote notarization.
Next, the notary will initiate a live audiovisual conference with the individual. During this conference, the notary will confirm the individual’s identity using acceptable forms of identification. They will also ensure that the individual understands the document they are signing and is willing to sign it.
Once the notary is satisfied with the individual’s identity and understanding, they will electronically notarize the document and attach an electronic seal and digital certificate. This electronic seal serves as the notary’s official signature.
Finally, the notary will complete an electronic certificate of notarial acts, which includes details of the notarization, such as the date, time, and method used. The notary will then securely store the electronic record of the notarization for the required retention period.
Understanding Digital Notarization
Digital notarization is a specific type of remote notarization that involves the use of digital signatures instead of physical signatures. It allows individuals to sign documents electronically, which are then notarized by a qualified notary using approved technology.
In Oregon, digital notarizations are governed by the Electronic Transactions Act and the Uniform Electronic Transactions Act. These laws recognize the legal validity of electronic signatures and electronic records, including digitally notarized documents.
Legal Requirements for Digital Notarization in Oregon
To perform digital notarizations in Oregon, the notary must be commissioned as an electronic notary public, as mentioned earlier. They must also use an approved technology platform that complies with the requirements set by the Oregon Secretary of State.
Similarly, individuals seeking digital notarizations must follow specific requirements. They must use an electronic signature that meets the requirements of the Electronic Transactions Act. They must also ensure that the document being signed is capable of being retained and accurately reproduced for future reference.
The Process of Digital Notarization
The process of digital notarization in Oregon is similar to that of remote notarization, with the main difference being the use of digital signatures. The individual requesting a digital notarization will sign the document electronically using an approved electronic signature.
The notary will then validate the electronic signature and complete the notarization process, including attaching the digital seal and certificate, and creating an electronic certificate of notarial acts.
Conclusion
Remote, online, and digital notarizations provide individuals with convenient and efficient options for having their documents notarized. In Oregon, the Remote Online Notarization law and the Electronic Transactions Act govern the legal requirements and procedures for these types of notarizations.
If you require a remote, online, or digital notarization in Oregon, ensure that you engage a qualified notary who complies with the state’s requirements. By utilizing these modern notarization methods, you can save time and effort while still ensuring the legality and authenticity of
