Remote Online Notary Services availabel for these type documents.
Remote online notarization (“RON”) “allows banks, title companies, law firms, and other businesses to complete important transactions that require signatures and a notary seal remotely with the aid of online audio and video technology.” On March 26, 2020, Louisiana Governor John Bel Edwards issued Proclamation No. 37-JBE-2020, which authorizes RON during the COVID-19 public health emergency. The requirement that an individual appear personally before a notary public at the time of notarization is satisfied if the proper RON procedure is followed.
Who can perform remote online notarization?
Any regularly commissioned notary public who holds a valid notarial commission in the State of Louisiana, including an attorney who is licensed to practice law and commissioned by the Secretary of State.
What are the requirements for remote online notarization?
• The notary public, the individual requesting notarization, and the witnesses, if any, must be able to communicate simultaneously by sight and sound through an electronic device or process, such as a web cam or Facetime conversation. RON cannot be performed solely through a telephone conversation.
• The notary public must “reasonably identify” the individual. For instance, the notary may request that the individual identify him or herself and to produce a valid, government-issued form of identification, such as a driver’s license or passport. In the event the individual is someone already known to the notary, it is advisable that the notary state so on the recording.
• The notary public, either directly or through an agent, must create an audio and visual recording of the performance of the notarization. The recording must be kept for at least 10 years from the date of execution. The following links are to websites that offer instructions on how to use your computer, phone, or iPad to record a conversation, such as a FaceTime call. Alternatively, the last links are to online commercial services that will provide the necessary software for a fee.
Learn how to record your computer screen (Windows and Mac).
Learn how to record your iPhone or iPad screen.
Commercial RON services: Notarize and Pavaso.
How does remote online notarization actually work?
Assuming you are not using a commercial RON service, you can set up a web cam or Facetime call with the individual requesting notarization. Be sure that you are properly recording the entire process and that you can see the individual. Once you have reasonably confirmed the individual’s identity, the individual can affix his or her signature to the document. Electronic signatures are generally permitted and given the same legal effect as handwritten signatures.
If the individual is using an electronic signature, be sure that you are able to view the individual’s computer or device screen that the individual is using to affix his or her signature. This may preclude you from using a web cam or Facetime conversation if the individual is using the same device to affix his or her electronic signature.
Get more about this topic and other comprehensive information in the ‘COVID-19 Toolkit for Small- and Medium-Sized Businesses’ from Roedel Parsons here.
Once the individual has signed the document, he or she should send it to you, preferably by electronic means such as email. Once you have the signed document, you can affix your signature (either electronic or handwritten). Again, be sure that you are properly recording the process, including the act of signing and notarizing the document.
Don’t forget to include the normal information required in a notarized document, including: the full name(s) of the party or parties; your notary ID number (or your Louisiana bar roll number if you are an attorney); and your name.
What documents can be remotely notarized?
Notices of liens or privileges
Motor vehicle bills of sale
Powers of attorney
Any other document or act not prohibited to be remotely notarized
What documents cannot be remotely notarized?
Donations inter vivos
Acts modifying, waiving, or extinguishing spousal support obligations
Can a tangible copy of an electronic record be field into the public records?
Yes. The governor’s proclamation states that a recorder shall not refuse to record a tangible copy of an electronic record on the ground that it does not bear the original signature of a person if a notary public certifies that it is an accurate copy of the electronic record.
§623. Legal recognition of remote online notarial acts
A. Except as otherwise provided in Subsections B and C of this Section, a remote online notarial act that meets the requirements of R.S. 35:625 through 627 satisfies any requirement that a party appear before a notary public at the time of the execution of the instrument. In all other respects, a remote online notarial act shall comply with other applicable laws governing the manner of the execution of that act.
B. The following instruments shall not be executed by remote online notarization:
(1) Testaments or codicils thereto.
(2) Trust instruments or acknowledgments thereof.
(3) Donations inter vivos.
(4) Matrimonial agreements or acknowledgments thereof.
(5) Acts modifying, waiving, or extinguishing an obligation of final spousal support or acknowledgments thereof.
C. Remote online notarization may not be used to execute an authentic act as defined in Civil Code Article 1833. Except as otherwise provided in Subsection B of this Section, an act that fails to be authentic as a result of being executed by remote online notarization may still be valid as an act under private signature or an acknowledged act.
D. This Chapter supplements and does not repeal, supersede, or limit the provisions of the Louisiana Uniform Electronic Transactions Act, R.S. 9:2601 et seq.
Acts 2020, No. 254, §4, see Act
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