4.4 Electronic Journals for Remote Notarization
Key Takeaways
- To perform remote online notarization (RON) for a remotely located individual under ORS 194.277, a notary must first notify the Secretary of State and identify the technology used
- RON requires an electronic journal in a permanent, tamper-evident format and an audio-video recording of the entire session
- The audio-video recording must capture the person-to-person interaction, be linked to the electronic journal entry, and play on commonly available media players
- Both the electronic journal and the audio-video recording must be retained for at least 10 years after the act
- Remote signers are identified through credential analysis and identity proofing (knowledge-based authentication) in addition to the live audio-video session
Remote Online Notarization in Oregon (ORS 194.277)
A remote online notarization (RON) is a notarial act performed for a remotely located individual who is not physically present, using communication technology that lets the notary see and hear the signer live. Oregon authorizes RON under ORS 194.277, with detailed rules adopted by the Secretary of State.
Before You Perform RON
A notary who wants to perform acts for remotely located individuals must first:
| Step | Requirement |
|---|---|
| Hold an active commission | Be a commissioned Oregon notary in good standing |
| Notify the Secretary of State | File notice of intent to perform RON before doing so |
| Identify the technology | State the communication-technology/RON platform to be used |
| Use compliant technology | The platform must meet the Secretary of State's standards |
Identifying the Remote Signer
Because the signer is not physically present, identity is verified through a layered process, not by simply eyeballing an ID:
- Live audio-video interaction (the notary sees the signer in real time).
- Credential analysis - software examines the security features of the signer's government ID.
- Identity proofing - knowledge-based authentication (KBA), a quiz of questions drawn from data sources only the true individual should be able to answer.
Personal knowledge of the signer can also satisfy identification, but for unknown signers the credential-analysis-plus-KBA combination is standard.
The Electronic Journal for RON
RON acts must be recorded in an electronic journal that meets the same statutory bar as any electronic journal: a permanent, tamper-evident format complying with Secretary of State rules. The entry contains the same core data as a paper entry, plus the elements that flag the act as remote.
| Entry element | Paper journal | RON electronic journal |
|---|---|---|
| Date and time | Required | Required |
| Type and description of act | Required | Required |
| Signer name and address | Required | Required |
| Identification method | ID or personal knowledge | Credential analysis + KBA (or personal knowledge) |
| Fee charged | Required (up to $25 cap) | Required (up to $25 cap) |
| Signature | Ink signature in book | Captured electronically |
| Remote indicator | N/A | Entry reflects the act was for a remotely located individual |
The Audio-Video Recording
RON adds a recording duty that paper notarization never has. The notary must create and keep an audio-video recording of the session that:
- Captures the person-to-person interaction required for the act (identity verification, the signer's willingness and awareness, and the signing).
- Is logically associated with the electronic journal entry.
- Can be viewed and heard using broadly available audio-video players.
Retention - Both Journal and Recording
| Item | Minimum retention |
|---|---|
| Electronic journal | 10 years after the last act (per ORS 194.300) |
| Audio-video session recording | At least 10 years after the act |
The duty survives the commission. A guardian, conservator, trustee, agent, or the personal representative of a deceased notary must retain the recordings, or arrange for a designated repository to hold them, for the full period.
Ownership and Security
The same ownership rule applies as for paper journals: the records belong to the notary unless a signed employer agreement provides otherwise. The electronic journal and recordings must be kept secure and tamper-evident, with access limited to the notary.
RON vs. In-Person Electronic Notarization
Students often confuse two different "electronic" notarizations. In-person electronic notarization (IPEN) means the signer is physically present but the document is electronic - the signer is in the room and signs an electronic record. Remote online notarization (RON) means the signer is not present and appears over live audio-video. The audio-video recording and remote-identity-proofing duties attach to RON, not to plain in-person electronic acts, because the recording exists precisely to document a session where the signer was not in the room.
| Feature | In-person electronic (IPEN) | Remote online (RON) |
|---|---|---|
| Signer physically present | Yes | No - live audio-video |
| Audio-video recording required | No | Yes |
| Credential analysis + KBA | Not required (visual ID in person) | Required for unknown signers |
| Fee cap per act | $10 | $25 |
What the Session Recording Must Capture
The audio-video file is evidence that the notarial act was properly performed at a distance. It should clearly show the person-to-person interaction: the notary confirming the signer's identity, the signer indicating willingness and awareness (not under duress, understands the act), and the actual signing. Because the recording must play on broadly available media players and stay logically associated with the journal entry, RON platforms link each recording to its specific journal record so an auditor can match the two.
Practical Failure Points on the Exam
- Deleting the recording after closing - prohibited; both journal and recording must survive 10 years.
- Skipping KBA for an unknown remote signer - identity proofing is required, not optional.
- Performing RON without first notifying the Secretary of State and naming the platform - acting before authorization is misconduct.
- Assuming the $10 in-person cap applies - RON is capped at $25 per act.
Exam Cheat Sheet
- Notify the Secretary of State and name your technology before performing RON.
- RON = remote signer; IPEN = present signer with an electronic record - only RON needs the recording.
- Verify remote signers with credential analysis + knowledge-based authentication (or personal knowledge).
- Keep a tamper-evident electronic journal and an audio-video recording of the whole session.
- Retain both for at least 10 years - even after the commission ends.
- RON fee cap is $25 per act.
How are remotely located signers typically identified in an Oregon remote online notarization when the notary has no personal knowledge of them?
Which records must an Oregon RON notary retain, and for how long?
What must an Oregon notary do before performing notarial acts for remotely located individuals?