Electronic notary vs remote online notary: the file, or the video call

Electronic notary vs remote online notary

Ask two questions about any notarization. What is being signed: ink on a printed page, or an electronic file? And where is the signer: in the room with the notary, or on a video call?

Electronic notarization is about the document. The notary signs with an electronic signature and attaches an electronic seal to the file. The signer may still have to stand at the counter.

Remote online notarization is about where the signer is. The signer appears by live audio and video. In most states that do it, the document is electronic too, so a RON is usually an electronic notarization done over video.

The confusion comes from the word “online.” A notary with an electronic seal is not automatically allowed to do a video session. The three states below show how differently that line is drawn.

Pennsylvania: two separate notices, same commission

The Pennsylvania Department of State describes the two as different acts. In an electronic notarization, the notary and the signer use electronic signatures, and the certificate and seal are attached to the electronic record. The Department says all the other elements of a traditional notarization still apply, including the signer appearing personally, physically, before the notary.

A remote notarization meets the appearance requirement with audio-visual communication technology. For either one, the notary must notify the Department before the first act and identify each technology the notary will use. The Department keeps a list of approved technology that meets its standards. Remote notarization became permanent Pennsylvania law under Act 97 of 2020, effective October 29, 2020.

The fee follows the same split. The fee page says electronic and remote notaries may charge up to $20 per act on top of the regular fee, such as $5 for the first name on an acknowledgment.

So in Pennsylvania, ask the notary two things: did you notify the Department for remote acts, and which approved platform are you using? A Pennsylvania e-notary who has only set up electronic seals still needs you in the room.

Virginia: register as an electronic notary first

In Virginia, the electronic registration is the gate. The Secretary of the Commonwealth says you must first be a commissioned Virginia notary public before you can become an electronic notary. The application is online. It costs $45, non-refundable, and must describe the technology the notary will use for an electronic signature and certify compliance with the state’s electronic notary standards. The electronic seal must show the notary’s name, registration number, “Electronic Notary Public,” “Commonwealth of Virginia,” and the commission expiration date.

The video part sits in the definitions. Va. Code § 47.1-2 says that for an electronic notarization, satisfactory evidence of identity may be based on video and audio conference technology that lets the notary communicate with and identify the signer at the time of the act. The identity must be confirmed by personal knowledge, a credible witness, or at least two listed methods such as credential analysis and knowledge-based authentication. The same section defines remote online notarization as one where the signer is not in the notary’s physical presence.

The fee is higher for the electronic act. Va. Code § 47.1-19 allows up to $10 for a traditional notarial act and up to $25 for an electronic one.

That is why people search for “enotary virginia.” On Virginia, a plain commission means the signer is in the room. A notary registered as an electronic notary can work with electronic documents and identify a signer over video.

New York: the electronic notary is the remote notary

New York merges the two. The Department of State FAQ says electronic notaries are notaries registered to perform electronic notarial acts, and registration is done through NY Business Express. For a remote signer, the notary must be able to see and interact with the signer in real time. The notary makes an audio-visual recording and keeps it for at least 10 years. Identity is confirmed by personal knowledge, by credential analysis and identity proofing, or by a witness.

Location matters for the notary, not the signer. The FAQ says the notary must be in New York State, but the person using the service can be anywhere. If the signer is outside the United States, the notary must confirm on the recording that the matter has a connection to U.S. jurisdiction.

The FAQ also says that since January 31, 2023, only electronic notarization is permitted for remote acts in New York, and remote ink notarization is no longer allowed. An electronic notary may charge up to $25 per electronic act. A traditional act is $2. Printing a paper copy of the electronic record with a certificate, called papering out, is a separate $2 act.

So “new york electronic notary” and “new york remote notary” are, in practice, the same registration. A New York notary without it still needs you in the room.

Side by side

Other states draw the line in yet other places. Some issue a second commission for online notaries, some only need a notice, and some do not allow a video session for their own notaries at all. A California notary cannot perform remote online notarization. The state pages on this site, starting from the directory, say what each state’s own sources allow.

Which one you actually need

• If you can get to a counter and the receiving office wants ink, you need neither. A traditional notarization is fine.
• If the receiving office wants an electronic file, such as some county e-recording or a lender’s e-closing, ask for an electronic notarization. You may still have to appear in person, depending on the state.
• If you cannot be in the room, you need a remote online notarization. The notary must be registered for it in the notary’s own state, and the receiving office has to accept it.

What the call is like, from upload to recording, is on how a remote online notary works. What it costs is on how much does a notary cost. Some documents stay in the room no matter what technology is available, such as a will in many states, covered in can a notary notarize a will.

The buttons below are video notaries, ordered by grade. Each one uses notaries registered for remote acts in their own state.