7.3 Conducting Remote Online Notarizations (RON Logistics & Location)
Key Takeaways
- The online notary must be physically located within Arkansas during the act.
- A signer may be elsewhere in the United States; a signer outside the United States triggers the U.S.-nexus and foreign-law conditions.
- Ordinary video applications are not approved RON solutions.
- The certificate must state that the notarization is an online notarization.
7.3 Remote Online Notarization Logistics
Act 1047 permits an Arkansas online notary to serve a remotely located principal, but the notary's own location remains territorial. The online notary must be physically within Arkansas when the act occurs.
Location rules
The remote principal may be in Arkansas or elsewhere in the United States. The online notary's venue is based on the notary's actual Arkansas location, not the principal's location or the provider's server.
If the principal is outside the United States, two additional conditions apply. The record must either be filed with or relate to a matter before a U.S.-jurisdiction public official, court, governmental entity, or other entity, or involve property in U.S. territorial jurisdiction or a transaction substantially connected with the United States. In addition, making the statement or signing the record must not be prohibited by the foreign state where the person is located.
| Notary | Principal | Result |
|---|---|---|
| In Little Rock | In Texas | Potentially permitted through the full approved RON process |
| In Fayetteville | In France signing a deed for Arkansas land, if French law does not prohibit the signing | Potentially permitted because of U.S. property nexus plus local-law condition |
| In Memphis, Tennessee | In Arkansas | Not permitted under the Arkansas RON commission because the notary is outside Arkansas |
| In Arkansas | Abroad on a purely foreign matter with no U.S. nexus | Does not meet Act 1047's foreign-principal condition |
Approved communication technology
The online act must occur through a Secretary of State-approved solution provider. The system must let notary and principal communicate simultaneously by sight and sound, support identity verification and credential analysis as needed, let the notary confirm the record, create the required recording, and protect the communication from unauthorized interception.
FaceTime, Zoom, Teams, ordinary email, and a telephone call are not approved RON solutions merely because they transmit video or audio. The legal problem is not the brand name alone; it is the absence of the integrated approved process. Use the current Secretary of State provider list and the provider's RON product.
Conducting the session
Before signing, confirm that the connection is clear and the correct participants and record are present. Complete the statutory identity method. The notary must reasonably confirm that the record before the notary is the same record on which the principal makes a statement or executes an electronic signature.
Conduct the correct verbal act. For a jurat, administer the oath or affirmation and observe the signature. For an acknowledgment, receive the acknowledgment and observe the signing under current Arkansas guidance. If the connection fails during a material part of the ceremony, pause and restore a record that accurately captures the act rather than guessing what occurred.
Certificate
The electronic notarial certificate contains the same core official information required for a traditional certificate and must include a notation that the notarization is an online notarization. Use the Arkansas county where the notary is physically located as the venue. The remote principal's city or country may be captured in the provider record, but it does not replace the Arkansas venue.
Security and record
The online notary must take reasonable steps to protect communication technology from unauthorized interception. The required electronic record includes identity evidence and audio-video copies and must be backed up, protected from unauthorized use, and retained for at least five years.
Scenario
An eNotary is on vacation in Missouri when an Arkansas client requests a RON. Logging in to an approved provider does not cure the location defect. The notary should wait until physically back in Arkansas or refer the client to a properly located online notary.
By contrast, an Arkansas-located online notary may serve a principal in Japan concerning Arkansas property if the statutory U.S. nexus exists and the signing is not prohibited where the principal is located. The notary should not guess about foreign law; the requesting party may need legal confirmation.
Record the principal's address and identity evidence in the secure electronic record even though they do not control venue. Location, identity, and venue are separate data points: the principal's location affects the foreign-person test, the identity method establishes who signed, and the notary's Arkansas location supplies venue.
Source anchor: Act 1047 of 2021, A.C.A. § 21-14-309; Arkansas Secretary of State eNotary/RON page and approved-solution-provider list.
Where is the venue for an online act when the notary is in Garland County and the principal is in another country?
What additional test applies to a remotely located individual outside the United States?
Why is an ordinary Zoom call insufficient for Arkansas RON?