5.2 Remote Online Notarization (RON) Standards

5.2 Remote Online Notarization (RON) Standards

Overview of Remote Online Notarization (RON)

Remote Online Notarization (RON) allows an Illinois commissioned electronic notary public to perform legally binding notarial acts for principals who are physically located in a different geographical location, using real-time audio-video communication technology and electronic documents. Governed by 5 ILCS 312/6A-101 through 6A-106 and 14 Ill. Adm. Code 176, RON replaces physical in-person appearance with a secure digital environment while enforcing rigorous authentication, communication, and recording standards.

In a RON transaction, both the document and the principal's signature are entirely electronic. The notary attaches a unique electronic signature and an approved electronic seal to the digital document, ensuring cryptographic tamper-evidence.

Approved System Provider Requirement

Under 14 Ill. Adm. Code 176.800, an electronic notary public is strictly prohibited from conducting RON using off-the-shelf consumer video conferencing applications (such as FaceTime, Skype, or standard Zoom) that lack integrated security features. RON must be conducted exclusively through a Secretary of State-approved RON technology system provider.

System Provider Qualification Criteria

To gain state approval, a technology system provider must demonstrate compliance with strict statutory criteria:

• Cryptographic Security: Employs Public Key Infrastructure (PKI) technology to ensure electronic notary seals and signatures are tamper-evident.
• Identity Proofing Integration: Seamlessly integrates automated credential analysis and dynamic Knowledge-Based Authentication (KBA).
• Secure Audio-Video Streaming: Provides encrypted, real-time, high-definition audio-video feeds with anti-tampering record logging.
• Electronic Journaling: Automatically logs required statutory metadata into an immutable electronic journal.
• Recording Archiving: Offers secure, encrypted storage for audio-video recording files capable of meeting Illinois's statutory retention period.

Multi-Step Identity Proofing Standards

Because the notary and principal do not meet in person, 5 ILCS 312/6A-103 mandates a robust multi-step identity verification process prior to performing any RON act. Unless the notary personally knows the principal, identity must be established through a two-part identity proofing procedure consisting of Credential Analysis and Knowledge-Based Authentication (KBA).

1. Credential Analysis

Credential analysis is an automated technical process that verifies the authenticity of a principal's government-issued identification card (e.g., driver's license, state ID, passport).

• The principal captures high-resolution images of the front and back of their physical ID card.
• The approved technology system analyzes security features, holograms, barcode data, microprinting, font alignment, and visual layout against state and federal databases.
• The analysis confirms that the ID is valid, unexpired, un-tampered, and matches the principal's claimed identity.

2. Knowledge-Based Authentication (KBA)

Following successful credential analysis, the principal must complete a dynamic Knowledge-Based Authentication (KBA) test to verify identity ownership.

• Question Structure: The system generates five (5) dynamic security questions derived from public records and commercial data sources (such as past addresses, vehicle registrations, or loan history).
• Scoring Requirement: The principal must correctly answer at least 80% of the questions (4 out of 5 correct) to pass.
• Time Constraint: To prevent unauthorized lookup or assistance, the principal is granted a maximum of 2 minutes to complete the 5-question test.
• Attempt Limits: If the principal fails the initial KBA test, they may be granted one re-attempt within 24 hours with a completely new set of questions. Failing two consecutive attempts requires a mandatory 24-hour waiting period before trying again.

Exceptions to Identity Proofing: Under 5 ILCS 312/6A-103(a), credential analysis and KBA are not required if the electronic notary has personal knowledge of the principal's identity, or if a credible witness who is personally known to the notary (or who passes credential analysis and KBA) physically appears before the notary or via the audio-video session.

Audio-Video Communication Standards

Under 14 Ill. Adm. Code 176.830, the audio-video connection during a RON session must satisfy stringent operational thresholds:

• Real-Time & Continuous: Communication must be live, uninterrupted, and maintain clear synchronized audio and video feed throughout the entire notarial act.
• Visual Clarity: Audio-video resolution must enable the electronic notary to clearly observe the principal's face, observe the principal signing the electronic document, and inspect the identification credential presented.
• Audio Fidelity: Audio clarity must allow all participants to hear and understand each other without distortion, latency, or background interference.
• Session Disruption Protocols: If the audio-video connection breaks, stutters, or loses fidelity at any point during the session, the notary must pause the process and re-establish a clear connection before proceeding. If the connection cannot be restored, the act must be aborted and restarted from the beginning.

Recording & Journal Retention Requirements

Illinois law imposes strict recordkeeping mandates on electronic notaries to create an unalterable audit trail for every remote notarization.

Under 5 ILCS 312/6A-104, the electronic notary must maintain exclusive control over the electronic journal and recording files or ensure they are securely vaulted with an approved RON system provider. Upon request from the Secretary of State or law enforcement, the notary must provide prompt access to specified journal entries and audio-video recordings.