5.1 Online Notarization Overview
Key Takeaways
- Texas authorizes both Remote Online Notarization (RON) and In-Person Electronic Notarization (IPEN); RON is governed by Government Code Chapter 406, Subchapter C, and 1 Texas Administrative Code Chapter 87, Subchapter H.
- To perform RON you must hold an active traditional commission and separately apply to the Secretary of State as an online notary public, paying a $50 application fee.
- RON identity proofing requires both credential analysis of the ID and dynamic Knowledge-Based Authentication (KBA): at least five questions, five answer choices each, 80% correct, within two minutes.
- The notary may charge up to $25 in addition to the regular notarial fee for an online notarization.
- The notary must be physically located in Texas during the act; the audio-visual recording and electronic record must be kept for at least five years under Government Code 406.108(c).
Two Technology-Based Methods
Texas was the third state to authorize Remote Online Notarization (RON) when House Bill 1217 took effect on July 1, 2018. The law now lives in Government Code Chapter 406, Subchapter C (Online Notary Public), with operational rules in Title 1, Texas Administrative Code (TAC) Chapter 87, Subchapter H. Two distinct electronic methods exist, and the exam tests your ability to separate them.
| Method | Signer location | Document | Recording? | KBA? |
|---|---|---|---|---|
| RON | Remote, via two-way audio-video | Electronic | Required | Required |
| IPEN (In-Person Electronic Notarization) | Physically present | Electronic | Not required | Not required |
A common trap: candidates assume "electronic" always means "remote." It does not. IPEN keeps the signer in the room and only swaps ink for an electronic signature and seal. RON is the only method that lets the signer appear from another city, state, or country.
Becoming an Online Notary Public
RON authority is not automatic when you receive a traditional commission. You hold two overlapping appointments: your regular notary commission and a separate online notary public registration.
- Hold an active traditional Texas notary commission first.
- Obtain an x.509-compliant digital certificate and an electronic seal from a third-party provider.
- Choose a RON technology platform that meets the SOS standards (tamper-evident, capable of credential analysis and KBA, and able to record).
- Apply electronically through the SOS online commissioning system and pay the $50 application fee.
- Complete required education. Senate Bill 693 caps mandatory education at two hours.
The online registration term runs concurrently with your underlying commission; if your traditional commission lapses, your RON authority lapses with it.
Identity Proofing: Credential Analysis + KBA
Because the signer is not physically present, RON replaces eyeball-to-document inspection with two automated, third-party layers required by 1 TAC 87.70.
Credential Analysis
Automated software inspects the signer's government ID. It must confirm the credential is genuine by testing visual, physical, or cryptographic security features, verify the credential is not fraudulent or altered, cross-check details against the issuing source where available, and deliver the authenticity result to the notary.
Knowledge-Based Authentication (KBA)
KBA is a dynamic quiz built from public and proprietary records (credit bureaus, public databases). The rules are exact and frequently tested:
| KBA Requirement | Rule (1 TAC 87.70) |
|---|---|
| Minimum questions | 5 |
| Answer choices per question | 5 |
| Passing score | 80% correct |
| Time limit | 2 minutes |
| Retake | One retake allowed within 24 hours |
| Retake question swap | At least 60% of prior questions replaced |
Worked example. A signer answers a five-question KBA quiz in 1 minute 50 seconds and gets 3 of 5 right (60%). Because 60% is below the 80% threshold, the attempt fails. The signer may retake once within 24 hours, and at least three of the five questions (60%) must be new. If the retake also fails, the notary must decline the RON session and may suggest IPEN or an in-person paper notarization instead.
Visual (Audio-Video) Verification
After the automated layers pass, the notary still compares the live face on camera to the ID photo and confirms the signer is acting willingly and is aware of the act. All three layers must succeed before notarizing.
Recording and Record Retention
Every RON session must be recorded with both audio and video showing the signer, the credential, and the notarial act. The online notary must keep a secure electronic record plus the audio-video recording.
| Item | Requirement |
|---|---|
| What is recorded | The entire audio-video session |
| Backup | Keep the original recording and a backup |
| Retention | At least 5 years after the transaction (Gov. Code 406.108(c)) |
| Tamper-evidence | Records must be secure and tamper-evident |
Trap alert. Materials sometimes cite a 10-year period. That figure comes from Senate Bill 693's change to traditional notary record retention (records kept until the 10th anniversary). The RON-specific audio-video and electronic record retention under Government Code 406.108(c) remains 5 years. On the exam, match the retention period to the record type: RON recording = 5 years; traditional notary record book = 10 years.
Fees for Online Notarization
A RON act commands a premium. On top of the standard notarial fee (for example, $10 for an acknowledgment or a jurat), the notary may add up to $25 for performing the act online. So a single online acknowledgment can lawfully total roughly $35. The $25 online surcharge is the figure the exam expects.
Benefits and Limits
- Convenience and reach: signers anywhere in the world may appear, useful for deployed military, relocating buyers, and homebound signers.
- Speed: sessions can close after hours and avoid mailing or printing.
- Security trail: credential analysis, KBA, and a complete recording create stronger evidence than a paper journal alone.
- Limits: the notary must be in Texas; some documents (such as certain wills or codicils) may still require traditional execution under other law, so confirm the document type before offering RON.
Under Texas Government Code 406.108(c), how long must an online notary retain the audio-video recording of a RON session?
A RON signer answers all five KBA questions in 90 seconds but gets only 3 correct. What is the correct outcome?
What additional fee may a Texas notary charge for performing an online notarization, on top of the regular notarial fee?
Where must a Texas online notary be physically located at the moment of a Remote Online Notarization?