6.2 Remote Online Notarization: Registration, Approved Software, Permitted Acts & Location

Remote online notarization (RON) is an electronic notarial act performed "by means of communication technology" under Sections 486.1100 to 486.1205 RSMo (Section 486.1100(10)). It is the only way a Missouri notary may notarize for someone who is not physically present.

Key Definitions (Section 486.1100)

The RON sections supplement the paper and electronic rules, and control where they conflict (Section 486.1105).

Approved Technology Only (Section 486.1115; 15 CSR 30-110.030)

The Secretary must approve, test, and certify RON software before Missouri notaries may use it; the vendor pays for the testing. At minimum, approved software must:

1. record and archive the remote session;
2. provide audio and video clear enough for the notary and principal to see and communicate simultaneously in real time;
3. protect against unauthorized access to the live transmission, the recording, the identity-verification methods and credentials, and the documents;
4. provide video sufficient for the notary to assess the principal's comprehension and volition;
5. let the notary identify the principal in a manner that complies with Section 486.1145;
6. let the principal identify the notary; and
7. present the document as an electronic document.

In developing standards, the Secretary considers those of the National Association of Secretaries of State (NASS) and the Mortgage Industry Standards and Maintenance Organization (MISMO). Under 15 CSR 30-110.030, a vendor applies to the Commission Unit, gives a live demonstration, receives a certificate of acceptability if compliant, and is listed on the Secretary's website. A notary chooses from that list when registering.

Registration (Sections 486.1120-486.1135)

• The person must be a commissioned Missouri notary (486.1120.1).
• Before the first registration, the notary completes a course approved by the Secretary, in addition to the commissioning course, and passes an examination on it. The course content is the laws, procedures, and ethics of remote online notarization (486.1125).
• The notary signs and submits an electronic registration form with the information required for electronic notaries, the technology the notary will use, and anything else the Secretary requires (486.1130).
• The notary re-registers at each recommissioning, and may apply and register at the same time (486.1120.3-4).
• Registration lasts as long as the commission or until terminated (486.1135).

The handbook adds that the applicant selects technology from the list of approved vendors and authorizes the Secretary to access the software vendor's records of the notary's acts during an investigation of an official complaint.

Permitted Acts (Section 486.1140)

Only two acts may be performed by communication technology, "and by no other method":

1. Acknowledgment; and
2. Jurat.

Signature witnessings, copy certifications, and stand-alone oaths are not remote online acts.

Where Everyone May Be (Section 486.1155)

The validity of a RON performed by a Missouri remote online notary is governed by Missouri law (486.1155.3).

Principal Requirements (Section 486.1150)

The principal must be in the notary's presence using live audio-video technology, be personally known or identified under Section 486.1145 (Section 6.3), appear to understand the transaction, appear to act freely, communicate directly in a shared language, and reasonably establish the electronic signature as his or her own.

Fees (Sections 486.960 and 486.1160)

The notarial fee is the electronic maximum: $5 per signature for an acknowledgment or jurat. A remote online notary may add a remote online transaction fee only if the notary and principal agree on it in advance and the notary explains that it is separate from the notarial fee and not mandated by law. The statute sets no dollar cap.

Certificates, Signature, and Seal (Sections 486.1165-486.1175)

A remote online certificate contains completed wording, a registered electronic signature, and a registered electronic seal with the notary's exact name, the jurisdiction, the title "Electronic Notary Public," the commission or registration number, and the expiration date. The statutory forms say the signer "personally appeared by remote online means." The handbook confirms that a remote online notary must use certificate wording that includes those words. As with in-person electronic acts, the signature and seal must be under the notary's sole control, and an employer may not use, control, or keep them (Sections 486.1170 and 486.1200).

Exam Scenarios

• Vacation notarization. A Missouri remote online notary is visiting Colorado and receives a RON request. She must decline until she is physically back in Missouri.
• Signer abroad. A signer in Germany needs an acknowledgment. A registered Missouri notary in Missouri may perform it remotely if electronic notarization is not prohibited where the signer is located.
• Remote copy certification. A client asks for a remote certified copy. Copy certification is not a permitted remote online act, so the notary must decline the remote request.