3.5 Remote Online Notarization
Key Takeaways
- Connecticut authorized remote online notarization through Public Act 23-28, signed June 12, 2023, effective October 1, 2023
- The notary must be physically located in Connecticut during the act; the signer may be located anywhere
- Real-time, simultaneous two-way audio-video communication is required for the remote appearance
- Wills, trusts, powers of attorney, health care instructions, living wills, and real estate closings are prohibited from RON in Connecticut
- The $5.00 maximum per-act fee applies equally to remote and in-person notarizations
Remote Online Notarization (RON) in Connecticut
Legal Authorization
Connecticut authorized remote online notarization through Public Act 23-28, "An Act Concerning Remote Notarial Acts," signed by Governor Ned Lamont on June 12, 2023, and effective October 1, 2023. The statute is codified at C.G.S. Sec. 3-95b. RON lets a notary perform a notarial act for a signer who is not in the same room, using technology rather than physical presence. Before this act, Connecticut had only temporary pandemic-era remote authority; PA 23-28 made it permanent and rule-based.
Location Rules (the most-tested RON fact)
| Person | Where They Must Be |
|---|---|
| Notary | Physically inside Connecticut at the moment of the act |
| Signer | Anywhere — another state or another country |
Exam trap: Even in a fully remote session, the notary's physical location must be Connecticut. A Connecticut notary on vacation in Florida may not perform a Connecticut RON act from a Florida hotel. The signer's location is unrestricted; the notary's is not.
Technology Requirements
The remote appearance substitutes live video for physical presence, so the communication standard is strict:
- Real-time and simultaneous — not a pre-recorded video or a back-and-forth of clips.
- Two-way audio AND video — both parties must see and hear each other continuously.
- The notary must be able to observe the signing and interact in the moment.
- A compliant RON platform/provider is used to manage the session and recording.
Identity Verification for RON
Because the notary cannot inspect a physical ID card hand-to-hand, identity rules are heightened. The notary identifies the signer by one or more of:
| Method | Description |
|---|---|
| Personal knowledge | The notary already knows the signer |
| Government-issued photo ID review | Examined via the audio-video feed/platform |
| Identity-proofing + credential analysis | Third-party knowledge-based authentication and ID validation |
| Credible identifying witness | A witness who knows the signer, under oath |
Prohibited Documents — Must Be Done In Person
PA 23-28 / C.G.S. Sec. 3-95b bars RON for a list of sensitive instruments. These require in-person notarization in Connecticut:
| Prohibited from RON | Category |
|---|---|
| Wills and codicils | Estate planning |
| Trusts and trust instruments | Estate planning |
| Powers of attorney | High abuse risk |
| Health care instructions | Medical directives |
| Living wills | End-of-life directives |
| Designation of a standby guardian | Guardianship |
| Self-proving affidavit (health care rep / living will) | Estate/health |
| Mutual distribution agreements; disclaimers | Estate settlement |
| Real estate closings | Property transfer safeguards |
Exam trap: A general business contract is not on the prohibited list, so it can be remotely notarized. But a power of attorney or a will, even routine ones, cannot. Match the document against the statutory list, not against how ordinary it seems.
Fees and Recordkeeping
The $5.00 maximum fee per act applies to RON exactly as it does in person; RON platform/technology charges are separate vendor costs, not the notarial fee. The Secretary of the State recommends keeping detailed records of remote sessions — the signer's location, the video method used, and whether a recording was retained — because a clear record is the notary's best defense if a remote act is later challenged.
Worked Scenario
A Connecticut notary, sitting in her Hartford office, conducts a live two-way video session with a signer in Texas who needs an affidavit notarized for a court filing. She reviews his ID through the platform, administers the affirmation on camera, watches him sign, and completes the jurat. Valid. If that same signer instead asked her to remotely notarize his durable power of attorney, she must decline RON and arrange in-person notarization, because powers of attorney are statutorily barred from remote notarization in Connecticut.
RON Versus In-Person Acts: What Stays the Same
RON changes how the signer appears, not what the notary certifies. Every substantive rule from Sections 3.1 through 3.4 still applies. An acknowledgment performed by RON still certifies voluntary execution; a jurat performed by RON still requires the oath and a signature made during the live session. Identity must still be established (by heightened remote methods), the signer must still be willing and competent, and the $5.00 fee cap is unchanged. The notary still completes a certificate — typically marked as a remote/electronic act — and applies the required notarial information.
The Two Most-Tested RON Distinctions
The Connecticut exam concentrates RON questions on two facts, so anchor them firmly:
- Notary in-state, signer anywhere. The notary's body must be on Connecticut soil; the signer's location is irrelevant. Flip this and the question is wrong.
- The prohibited-document list. Sensitive estate, health, guardianship, and real-estate-closing instruments cannot be done remotely, even when both parties are willing. Ordinary commercial documents can.
| RON Question Type | Right Answer Pattern |
|---|---|
| Where must the notary be? | Physically in Connecticut |
| Where may the signer be? | Anywhere, including out of state or abroad |
| Can a will/POA/closing be done remotely? | No — statutorily prohibited |
| Can a routine business contract be done remotely? | Yes — not on the prohibited list |
| What technology is required? | Live, two-way, simultaneous audio-video |
Exam trap: RON does not eliminate the personal-appearance principle — it satisfies it through live audio-video. A pre-recorded video, a phone-only call, or a screen-share without continuous video does not meet the standard. "Simultaneous, real-time, two-way audio AND video" is the phrase to recognize. Anything less is not a valid remote appearance, and the act is void.
A Connecticut notary is traveling and wants to perform a remote online notarization from a hotel in Boston for a signer located in Connecticut. Is this permitted?
Which of the following documents MAY be remotely notarized in Connecticut?