“Satisfactory evidence of identity” means identification of an individual based on (i) examination of one or more of the following documents bearing a photographic image of the individual’s face and signature: a United States Passport, a certificate of United States citizenship, a certificate of naturalization, an unexpired foreign passport, an alien registration card with photograph, a state issued driver’s license or a state issued identification card or a United States military card… . (i). In the case of an electronic notarization, “satisfactory evidence of identity” may be based on video and audio conference technology, in accordance with the standards for electronic video and audio Communications… permits the notary to communicate with and identify the principal at the time of the notarial act, provided that such identification is confirmed by (a) personal knowledge, (b) an antecedent in-person identity proofing process (this “out of wallet” question process provided by 3rd parties I.e. credit bureaus) in accordance with the specifications of the Federal Bridge Certification Authority,” (from Va Code Title 47.1)
Yes, the system allows for video/data capture of any accepted traditional paper base credentials in addition to the required personal knowledge, antecedent and digital certificated and electronic token processes. All I.D. verification data and video are automatically uploaded to the notary’s journal to fulfill compliance requirements.
(b) “Appear or appears in person” means either in the same physical location or by two-way live video and audio conference communication. (Va electronic notarization assurance standard Version 1.0, 1-21-13) and (i) “Online notarization or online notarial act” means the performance of an electronic notarial act by means of two-way live audio and video conference technology that meets the performance requirements of Virginia Code §47.1-2 and §19.2-3.1 B1, B2, and B3.
“A. The powers of any notary commissioned pursuant to this title may be exercised anywhere within the Commonwealth of Virginia.
B. Any notary commissioned pursuant to this title may likewise perform notarial acts outside the Commonwealth, where such notarial acts are performed in accordance with this chapter.
C. An employee of the federal government authorized to perform notarial acts may perform notarial acts in accordance with this chapter.
D. An electronic notarial act performed in accordance with this chapter shall be deemed to have been performed within the Commonwealth and is governed by Virginia law. (Va 47.1-13 Jurisdiction; powers outside the Commonwealth)” (Code 1950, Section 47-2. 1; 1978, c. 62 1; 1980, c. 580; 2007, c. 269; 2008, c. 116; 2011, cc. 731, 834)
47.1-12 Powers Each notary shall be empowered to perform the following notarial acts: (i) take acknowledgments, (ii) administer oaths and affirmations, (iii) certify that a copy of any document, other than a document in the custody of a court, is a true copy thereof, (iv)certify affidavits or depositions of witnesses, (v) perform verification of fact... “Verification of fact” means a notarial act in which a notary reviews public or vital records to (i) ascertain or confirm facts regarding a person’s identity, identifying attributes, or authorization to access a building, database, document, network, or physical site or (ii) validate an identity credential on which satisfactory evidence of identity may be based.(2007, cc. 269, 590; 2011, c. 834; 2012, c. 566)
No!!! This has been a point of confusion, currently ONLY Virginia/Montana allows this. Other vendors have mistakenly interperated the law passed in VA to allow notaries commissioned in other states to provide online electronic/video notarization services. Again this is INCORRECT, only VA/MT notaries properly commissioned utilizing compliant software meeting specific state/federal standards can provide this service. A number of other states secretaries have posted alerts to their notaries that online video notarization is not a practice allowed to be performed by their states notaries. BUT, this does not prevent an individual from within that state to have lawfully executed a notarial act online by a qualified Virginia eNotary for presentation within their other states!
Yes, not only out of state, but worldwide “The goal of this Virginia Standard is to achieve recognition of Virginia electronic notary signatures and seals as well as electronic notarization systems that would facilitate acceptance of Virginia electronic notarial acts worldwide.” (Va electronic notarization assurance standard Version 1.0, 1-21-13)
Yes. This includes secure access and control, with regards to video notarization a record of the notarial ceremony must be retained in a secure environment for 5 years. The electronic journal must allow entries to be made, viewed, printed out, and copied all under control of the notary. Access is obtained by at least one factor of authentication such as a password, biometric verification, token, or other form of authentication. (b) Not allow a record entry to be deleted or altered in content or sequence by the electronic notary or any other person after a record of the electronic notarization is entered and stored. (c) Have a backup system in place to provide a duplicate electronic record of notarial acts as a precaution in the event of loss of the original record. The Safedocs Secure Cloud process provides and fulfills all these requirements.
The Safedocs Secure Cloud will provide for compliant design, certification, use, access, verification, backup and storage of the electronic notary journal and required audio-video process retention.
“A document notarized outside the Commonwealth by a notary public or other person referenced in subsection A which appears on its face to be properly notarized shall be presumed to have been notarized properly in accordance with the laws and regulations of the jurisdiction in which the document was notarized.” (2008, c. 116) This reflects the reciprocity of the UCC and interstate document acceptance laws.
Yes, “a non-attorney notary shall not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act. This section does not preclude a notary who is duly qualified, trained, or experienced in a particular industry or professional field from selecting, drafting, completing, or advising on a document or certificate related to a matter within that industry or field or prevent a notary from adding a notarial certificate or electronic notarial certificate to a paper or electronic document at the direction of a principal or lawful authority.” (Va Code Title 47.1-15)
No! the Virginia in-person or online eNotarized certificate are identical and for the most part look just like an in-person eNotarized certificate in Pa, Ak, Az, Co, De, Fl, Il, Ks, Mi, Mn, Nv, Nc. NY or any of the 21 states in-person eNotarized certificate.
Various Laws/Statutes (ULONA, URONA,UAA, Civil Codes), & constitutional full faith and reciprocity provisions is a keystone that allows for intrastate commerce to be conducted. As example, many of you know from mortgage loan document signings, it is common for one to have a deed notarized by a notary in Va where the property is located in another state.
We will be requesting the signatory(s) provide additional acceptable picture identification (I.e. driver’s license) to our notary for confirmation as well, facial/document picture capture and validation of the identification presented from all signers is optional.
As you know any document signed under duress is not enforceable and is a violation of law by it commission. From a practical matter if a document is signed face to face, the notary has no additional assurances that duress is not being applied from a source not present or within view. Certainly the notary, if there is any suspicion, can ask the signatory that question. Remember this process is recorded, so any activity is readily available for contestation. If the notary is concerned with this, they can record the signers free will statement.
Yes, just as you can in the paper environment.
No, the notary will not be able to view the questions or answers during the antecedent proofing process. The notary will receive notice of pass/fail and a traceable/verifiable code automatically entered into their journal. But, the notary does see the signer during the event.
The Secure Cloud process allows for the receiving entity to click on the notary’s signature for authentication from an approved authority. This includes verification of a tamper evident seal, which confirms that the document has not change since execution. A feature not possible in the paper world.
The receiving entity would need to have an email address and the ability to read a typical PDF file. This provision is made clear during the initial registration process to begin application for an electronic video notarization. Additionally, the owner of the document can request from the notary a certified copy as allowed by Va notary authorized acts statute. That certification would affirm that no changes were made to the document at any time after the notary had signed/stamped the document. Which cannot be accomplished in the traditional paper format! A notary/receiving entity can print the document and security attachment if desired for paper recording.
The Secure Cloud electronic document workflow process has been in use for over 10 years. The application of a video component enhances
the evidentiary trail of the proceeding. And has been use in federal court for sentancing, depositions, confessions and testimony for years.
Providing enhanced certification, security, access, delivery and retention that address the following concerns that CANNOT be
equally resolved in the traditional paper based format:
1. The notary’s signature credentials can be verified in real time, not after the fact.
2. The validity of a signatory’s driver’s license can be verified in real time with the issuing authority during the I.D. process.
3. The document(s) is not made available to the notary, nor any other party for possible retention.
4. The notary is not privy to the signatories complete personal information file.
5. Documents are not susceptible to travel, delivery, intervention or review by any 3rd party not specifically approved by the signer.
6. A video record is kept of all notarized transactions showing exactly who signed what when, as are addition I.D. requests.
7. A video record of who appeared during the ceremony resolves the single largest element of fraud, lack of personal appearance.
8. State of the art data and video retention archiving makes access to verification requests simple, undisputable and immediate.
9. Both the notary and signatory are not exposed to the environmental hazards/delays or duress influences of in-person execution.
10. There is a record of what was done when and said during the notarial process, no more “he said/she said”.
11. The document has a tamper evident seal that would advise of any change made to the document since notarization.
Based on 50 years of data collected by the NNA this process would have eliminated 80% of all lawsuits brought against or involving notaries for illegal/improper acts.
Yes, that is one of the values of a Secure Cloud, it has be created to provide live step by step quality control to catch those common errors prior to the final step, the application of the notaries electronic signature/seal with a tamper evident application!
Code of Virginia: Title 47.1. Notaries and out-of-state commissioner’s chapter 1. General Provisions The Virginia Electronic Notarization Assurance Standard Version 1.0 published 1.21.2013 Virginia Notary Handbook of July 1, 2011 (note: there are few modifications to this that address the new video component) Virginia Acts of Assembly -- 2011 Reconvened Session Chapter 834 approved April 6, 2011 Virginia Secretary of the Commonwealth Website: commonwealth.virginia.gov select Notary go to electronic notary FAQ’s
Yes, the Safedocs Secure Cloud automatically populates and maintains a compliant backup ejournal on behalf of the notary. You have exclusive control over access, as such you can provide and certify any line item journal entry requested, it your journal is comprimised.