6.4 Identification for Remote Notarization
Key Takeaways
- Remote Online Notarization (RON) requires credential analysis plus a second factor — typically dynamic knowledge-based authentication (DKBA)
- Colorado's DKBA must use at least 5 questions, each with at least 5 answer choices, and the signer must answer at least 80% correctly within 2 minutes
- The government ID used for RON must contain both the signer's signature and photograph
- Notaries must use a Secretary of State-approved RON provider that meets the state Provider Protocols
- The full audio-video recording and the electronic journal entry must be retained for 10 years (C.R.S. 24-21-514.5 / 24-21-519)
Why RON Identity Proofing Is Stricter
In Remote Online Notarization (RON), the signer is not physically present, so the notary cannot hold and inspect the credential. Colorado, under C.R.S. 24-21-514.5 and the Secretary of State's Notary Program Rules (8 CCR 1505-11) and Provider Protocols, replaces the in-person inspection with layered technology checks. The signer is a remotely located individual connected by real-time, two-way audio-video communication.
The Required Identity Stack
For a remotely located individual whom the notary does not personally know, identity must be established through remote presentation and credential analysis of a government ID plus at least one additional factor:
| Layer | What it does |
|---|---|
| Credential analysis | Software inspects the government ID for authenticity (barcodes, security features, formatting) and confirms it is genuine |
| PLUS one of the following second factors | |
| Dynamic knowledge-based authentication (DKBA) | A timed quiz from third-party data sources |
| Valid public key certificate | A trusted digital certificate proving the signer's identity |
| Another method allowed by the Notary Rules | Equivalent approved factor |
The government ID used must contain both the signer's signature and photograph. The notary also performs a visual comparison of the ID photo against the live video feed.
Dynamic Knowledge-Based Authentication — Exact Numbers
Colorado specifies precise DKBA parameters. Memorize these; they are heavily tested.
| Parameter | Requirement |
|---|---|
| Minimum number of questions | 5 |
| Answer choices per question | At least 5 |
| Passing threshold | At least 80% answered correctly |
| Time limit | Within 2 minutes |
| Question source | Public or private (proprietary) data sources, drawn from the signer's personal history |
Note the common traps: it is not "answer most questions" (it is a firm 80%) and not "2 to 3 minutes" (it is 2 minutes). Sample DKBA prompts:
- Which of these street addresses have you been associated with?
- What is the approximate monthly payment on a loan you hold?
- Which of these counties have you lived in?
If the signer fails, the provider typically permits a limited number of retries; persistent failure means identity is not established and the notarization cannot proceed.
Approved Providers and the Provider Protocols
Colorado does not allow notaries to improvise with consumer video apps. A RON session must run on a platform that complies with the Secretary of State's Provider Protocols.
| Requirement | Detail |
|---|---|
| Approved technology | Provider must satisfy the SOS Provider Protocols |
| Tamper-evident records | Electronic notarial certificate and journal must be tamper-evident |
| Audio-video recording | The entire session must be recorded |
| Retention | Recording and journal retained for 10 years |
| Notary endorsement | The notary must hold a RON endorsement on the commission |
A generic Zoom or FaceTime call is not a compliant RON platform — that is a frequent exam distractor.
Traditional vs. RON Identification
| Aspect | In-person | RON |
|---|---|---|
| Credential inspection | Notary physically holds the ID | Software credential analysis + video |
| Second factor | Not required | DKBA (or PKI certificate / approved method) |
| Photo match | Visual, in person | ID photo vs. live video |
| Record | Paper or electronic journal | Tamper-evident e-journal + A/V recording |
| Retention | Per journal rules | 10 years for recording and journal |
The Notary's RON Responsibilities
- Use only a Secretary of State-approved provider and complete every verification step the platform requires.
- Confirm the ID photograph matches the person on the live video.
- Ensure credential analysis and the second factor both pass before proceeding.
- Record the act in a tamper-evident electronic journal and retain the audio-video recording for 10 years per C.R.S. 24-21-514.5 and 24-21-519.
Personal Knowledge and Credible Witnesses Still Work Remotely
The layered technology stack (credential analysis plus DKBA) is the path for a signer the notary does not know. But the traditional identification methods from earlier in this chapter still apply over audio-video:
| Method, applied to RON | How it works remotely |
|---|---|
| Personal knowledge | The notary already knows the signer through prior dealings; identity is confirmed by recognition on video |
| Credible witness | A disinterested witness who knows the signer appears on the same session, is identified by the notary, and is sworn |
When personal knowledge or a credible witness is used, the same standards from Sections 6.1 and 6.3 govern — RON does not loosen them, it adds the technology option for strangers.
What Credential Analysis Actually Checks
Credential analysis is automated forensic review of the government ID image the signer submits. The software typically evaluates:
- Document format against known templates for that issuing authority.
- Machine-readable zones and barcodes, decoding them and cross-checking the printed data.
- Security features such as microprint, UV elements, and tamper indicators.
- Data consistency — does the barcode data match the printed name, date of birth, and expiration?
A pass tells the notary the credential is genuine; the live video photo comparison then ties that genuine credential to the actual person on screen. Both must succeed.
RON Failure Scenarios
| Situation | Correct action |
|---|---|
| Credential analysis flags the ID as suspect | Stop — do not proceed; the ID is not satisfactory |
| Signer fails DKBA after allowed attempts | Identity not established; terminate the session |
| Audio-video connection drops or is poor | Pause; you cannot confirm presence or photo match |
| Provider is not on the approved-protocol list | Do not perform the act; switch to a compliant provider |
Exam Anchors to Memorize
- Two layers: credential analysis plus a second factor (DKBA, PKI certificate, or approved method).
- DKBA numbers: at least 5 questions, at least 5 choices each, 80% correct, within 2 minutes.
- ID must show signature and photograph.
- Retention: recording and e-journal kept 10 years.
- Provider: must satisfy the Secretary of State's Provider Protocols; a generic video call does not qualify.
Colorado's dynamic knowledge-based authentication (DKBA) for RON requires the signer to answer:
How long must a Colorado notary retain the audio-video recording of a remote online notarization?
Which platform may a Colorado notary use to perform a remote online notarization?