6.3 RON Procedures & Recording
Key Takeaways
- Every online notarization must be captured in a complete audio-video recording of the entire session
- An electronic journal is mandatory for every online act (unlike in-person acts, where a journal is best practice but not statutorily required)
- The notary applies an electronic signature and an electronic seal using tamper-evident technology that detects later changes
- Both the recording and electronic journal are kept during the authorization term, then transmitted to the Secretary of State or an approved repository on expiration
- If the audio-video connection drops or any verification step fails, the notary must NOT complete a partial act
The Audio-Video Recording Requirement
ORC 147.65 requires the online notary to create and maintain a complete recording of the audio-video communication for every online notarization. There is no opt-out: the recording is the evidentiary backbone of the act.
| Requirement | Detail |
|---|---|
| Audio | Captures all spoken communication, including the oath and any questions |
| Video | Shows the signer and the interaction throughout |
| Coverage | The entire session, start to finish |
| Clarity | Sufficient to identify the participants |
The recording must capture, at minimum: the identity-verification steps, administration of any oath or affirmation (for a jurat), the signer's act of signing, and the notary's completion of the certificate.
The Mandatory Electronic Journal
A crucial contrast with traditional Ohio practice: for in-person acts an Ohio notary is encouraged to keep a journal, but for online acts the electronic journal is mandatory. For each online notarization the journal must record:
| Entry | What to record |
|---|---|
| Date and time | When the act occurred |
| Type of act | Acknowledgment, jurat, oath, copy certification |
| Signer | Name and location of the remotely located individual |
| Document | Description/type of document |
| Evidence of identity | Credential type, issue/expiration date, analysis result |
| KBA result | Pass/fail of identity proofing |
| Recording reference | Pointer to the audio-video file |
| Fee charged | Including any technology fee |
Electronic Signature and Seal
The signer applies an electronic signature through the platform; it is legally equivalent to a wet-ink signature. The notary applies an electronic signature and an electronic seal containing every element required of a physical seal (name, the words "Notary Public," "State of Ohio," and commission expiration as applicable). Critically, the technology must be tamper-evident: any change to the document after the notary completes the act must be detectable.
The Session, Step by Step
- Signer connects over live two-way audio-video.
- Credential analysis of the government ID.
- Identity proofing by dynamic KBA (5+ questions, 80%, 2 minutes).
- Notary's visual comparison of face to ID photo.
- Confirm the document and the type of act required.
- Administer the oath/affirmation if the act is a jurat.
- Signer applies the electronic signature.
- Notary completes the notarial certificate.
- Notary applies electronic signature and electronic seal.
- Recording is finalized and stored; electronic journal entry is completed.
Retention and Handoff
The recording and electronic journal are maintained by the notary throughout the term of online authorization. Upon expiration of that authorization, the notary must transmit the electronic journal (and recordings) to the Secretary of State or an approved repository, which maintains the journal for ten years. Plan storage accordingly - losing a recording is itself a compliance failure.
When Things Go Wrong
| Situation | Correct action |
|---|---|
| Connection drops mid-session | Reconnect; if impossible, start a fresh session - never finish a partial act |
| Credential analysis or KBA fails | Do not proceed; the act cannot be completed |
| Multiple signers | Each completes credential analysis and KBA and must be visible while signing; journal each |
| Notary not satisfied | Decline the act |
Trap: completing a certificate after a dropped connection or a failed KBA - even "just to finish" - is an unauthorized act. The recording will document the deficiency, so partial completion creates direct, provable liability.
Acknowledgments vs. Jurats Online
The oath step in the procedure changes depending on the act, and the exam tests whether you administer one:
| Act | Signer must sign in the session? | Oath/affirmation required? | What the certificate says |
|---|---|---|---|
| Acknowledgment | Signer acknowledges the signature (may have signed earlier) | No | The signer acknowledged executing the document |
| Jurat / verification on oath | Yes, signer signs while connected | Yes - administered on video | The signer swore the contents are true and signed before the notary |
| Oath/affirmation only | No document signature needed | Yes | The person was sworn |
| Copy certification | n/a | No | The copy is a true reproduction |
Because the recording captures audio, a missing or garbled oath on a jurat is plainly visible on review - administer it clearly and on the record.
Why the Recording and Journal Matter Together
The recording and the electronic journal are complementary evidence. The journal is the searchable index (who, what, when, which ID, KBA result, fee); the recording is the primary-source playback. If a notarization is challenged for fraud or capacity, an investigator pulls the journal entry, then watches the matching recording. A journal entry without a retrievable recording, or a recording the notary cannot tie to a journal entry, is a compliance gap.
Worked example - storage discipline: A notary performs 40 online acts a month across two platforms. To stay compliant she keeps every recording linked by a reference ID in each journal entry and confirms her provider stores them through her authorization term. When her authorization later expires, she transmits the full electronic journal and recordings to an approved repository, which maintains them for ten years - she does not simply delete them.
Multiple Signers and Mixed Sessions
When several principals appear in one session, treat each independently: each completes credential analysis and KBA, each is visible while signing, and each gets a journal entry. The session may be recorded as one continuous file, but the evidence of identity must exist for every signer. Never let one verified signer "vouch in" an unverified co-signer.
How does the journal requirement for online notarizations differ from in-person notarizations in Ohio?
Upon expiration of a notary's online authorization, who maintains the transmitted electronic journal and for how long?