Effective January 1, 2019, Minnesota licensed notaries will be able to register to perform remote online notarizations.

Also known as “webcam notarization” or “online notarization”, remote online notarization enables a signer to personally appear before a notary at the time of a notarization “using audio-visual technology over the internet instead of being physically present in the same room.” Though similar in name, remote “online notarization” is different from “electronic notarization”. With electronic notarization, or eNotarization, documents are notarized in electronic form and the notary and document signer sign with an electronic signature, all while the notary and signer are still physically in each other’s presence. Soon, Minnesota will become the fifth state to break free from the traditional physical presence requirement and take full advantage of current technology.

In order to perform remote online notarization, the prospective remote online notary must first register with the Minnesota Secretary of State and be commissioned and appointed subject to all requirements of a traditional notary public. A prospective notary must also then certify they intend to use communication technology that conforms to Minnesota’s statutory requirements. Any current notary public will also need to apply in order to perform remote online notarizations, however the notary will not need to re-register as a notary until their commission ends if they do not wish to perform remote online notarizations.

Once commissioned, a remote online notary may perform a remote online notarial act only while the notary is physically located in Minnesota. However, though the notary must be physically located in Minnesota to perform a remote online notarial act, the signer may be physically located in, or outside of, Minnesota. As long as the remote online notary has no actual knowledge of the remote online notarial act being prohibited in the jurisdiction in which the person is physically located, and the person placing an electronic signature on the electronic document confirms to the remote online notary that the requested remote online notarial act and the electronic document (a) are part of or pertain to a matter that is to be filed with or currently is before a court, governmental entity, or other entity in the United States; (b) relate to property located in the United States; or (c) relate to a transaction substantially connected to the United States, then the notary may act.

A remote online notary will be required to keep an electronic journal of all remote online notarizations and create an audio and video copy of the performance of the notarial act. In addition, a remote online notary must take reasonable steps to (a) ensure the integrity, security, and authenticity of remote online notarizations; (b) maintain a backup for the electronic journal and the recordings of remote online notarial acts; and (c) protect the records and backup records from unauthorized access or use for at least 10 years after the date of the transaction or proceeding.

The identity of a person seeking remote online notarization may be verified by the remote online notary’s personal knowledge of the person creating the electronic signature or by credential analysis. For a knowledge-based verification, (a) the signer must be presented with five or more questions with a minimum of five possible answer choices per question; (b) each question must be drawn from a third-party provider of public and proprietary data sources and be identifiable to the signer’s social security number or other identification information, (c) the signer’s identity and historical events records responses to all questions must be made within a two-minute time constraint; and (d) the signer must answer a minimum of 80 percent of the questions correctly. In the event of a failed first attempt, the signer may be offered an additional attempt and during the second attempt the signer may not be presented with more than three questions from the prior attempt.

For a credential-based verification, the person creating the electronic signature must remotely present a currently valid government-issued identification credential, such as a passport or driver’s license, that contains the signature and a photograph of the person. Then, an automated software or hardware-based process or service will scan the credential via its format features, data, bar codes, or other security elements to affirm its validity.

For more information, please contact us at Questions@JellumLaw.com.