Law firms are now turning to online notary services to help with the signing process. By using an online notary, law firms can save time and money. In this blog post, we will discuss the benefits of using an online notary for law firms and how they can help you improve your business.
If you’re in the legal realm, you can attest that there are a lot of documents that need signatures. This is especially true if you’re looking at estate planning documents and probate laws. One such document is called a durable power of attorney. It allows an individual to appoint someone else as their agent should they become incapacitated or no longer mentally competent. People must understand what it does and how it works before they decide whether or not they want one drawn up.
Here’s everything you need to know about durable powers of attorney.
Recently, a lot of businesses and companies have made the transition to online services. One service that has continued to increase in popularity is the online notary.
Through online notary services, a law firm, lawyer, attorney, and other legal entities can notarize legal documents without physically visiting notary offices. It saves time, and money, and makes the process more efficient.
But while some law firms have fully embraced online notary services, other employers are reluctant. Online notary services are completely legal and in compliance with the law.
Throughout this blog post, we will explain online notary services, how to know whether they are legal and follow your local laws, how to find this service nationwide, and other important points. Continue reading this guide to learn more.
A notary public is an impartial witness present when signing legal documents. The notary verifies each person’s identity during the signing of a particular document. They ensure that each is willing and mentally stable to sign the form and that the signers know and understand which documents they are signing.
In the past, signers needed to physically appear at a notary public office to sign these documents. But recently, the use of Remote Online Notarizations (RON) has significantly increased. Signers do not have to meet face to face with the notary at the same location or in an office for assistance. Both parties simply need a computer and an internet connection to complete a RON signing. Since the notary and the signers can meet remotely, this will save time and money for both.
It’s worth noting that the notary public only verifies the signatures of the signers and the validity of the documents. They cannot give legal advice or tell the parties to sign or not to sign. Such discussions can only be conducted by a lawyer, attorney, accountant, or other professionals who are qualified to give advice.
Notarization is crucial to ensure that critical documents are integral and authentic. As we’ve mentioned, notarization has traditionally been conducted in person, on paper at an office. But living in a fast-paced business environment, notarizing documents in person can move quite slowly.
For these reasons, many organizations have shifted to remote online notarization, which means notarizing a document, form, contracts, etc. virtually using a computer and website. The process uses electronic signatures, audio-visual notarization, identity verification, and electronic notarial journal software. If the RON is done correctly and legally, it’s just as effective as paper-based notarization, only that it eliminates the in-person aspect.
Now, the process of the RON act differs depending on the site being used and varies by state. But in most cases, the process includes
gaining access to a shared conferencing platform that provides audio-visual technology to make contact. So the signers and notary can join to see, hear, and speak to each other in order to conduct business. Since the online web conferencing platform allows for seeing and talking to each other, there’s no need for in-person interaction at an office.
The notary conducts the notarization requirements as the state government mandates, and then all parties sign the document electronically. Afterward, the notary will affix and seal the documents and their contents electronically. Once done, the signers can access the document anytime.
However, if your principal can’t choose an alternate representative before he or she becomes mentally incapacitated, then under the law, your resignation won’t be effective until after your principal dies. You’ll still be the power of attorney agent in charge of their financial affairs, estate planning needs, etc
Many states across the country have legalized RON transactions and have created RON acts. So, companies can use these processes to notarize various documents like:
These are official statements made before a notary public. They are used when someone needs to present a sworn statement without needing an oath, including residency, change of name, and citizenship.
These sworn statements are made before a notary public. They come in handy if someone needs to declare a document formally like a will. Signing affidavits with RON is simple as participants follow the above steps.
It’s a document that legally allows someone to represent another person and make decisions on their behalf. This document can be used for various purposes, like providing representation and handling a person’s medical care due to personal injury or managing their finances.
This is a letter outlining how one’s assets will be distributed after they die. It ensures that their properties, belonging, and the things that they worked hard for will be shared with their loved ones when their life comes to an end.
Other documents you can notarize remotely include, but are not limited to spouse consent, marriage and birth certificates, adoption papers, passports, and any other document you can notarize through the traditional paper-based notarization process.
Virginia was among the first states to allow Remote Online Notarization in 2011. But in recent years, many other states have also embraced the idea of RON. Today, more than 21 states have passed the law into motion. Here are some benefits of law firms implementing RON into their company.
RON is the safest way a client and lawyer can verify and notarize a document. Additionally, parties do not have to meet face-to-face, meaning they don’t have to leave their homes to go to an office to complete the job. The signer could be on eastern time while the notary is located on the west coast. RONs aren’t limited, thus making the process more convenient for everyone.
Notarizing documents through ink and paper was viewed as a reliable notarization process. The documents were viewed as valid as the notary agent was a witness during the signing, and they sealed the documents. However, it’s worth noting that there wasn’t any tamper-proof method that protected these documents. So, signers could easily dispute their validity.
However, since RON documents are stored in digital form, it’s easy to research at any time who has accessed, received, signed, and notarized them and where each party was during the notarization process. Third parties can’t modify these documents, meaning signers can’t deny their participation in the whole process.
RON facilitates speedy transactions so clients and vendors can notarize their documents smoothly. Through this digital software, notaries can offer both notarization and good service at the same time, meaning users will have a more positive experience.
This also makes the client’s life easier. A RON can be performed any day of the week, at any time. Customers don’t have to worry about making an appointment in their already busy schedule to go to an office. They won’t have to ask their employers to take time off from their jobs either. It’s a huge help to save time.
A company can use RON in several areas like loan applications, mortgage acquisition, and land title deed processing. This versatility allows more clients to access online notary services quickly and efficiently.
The integrity of the notarized documents is essential as it protects involved parties from avoidable trouble with the law or false accusations. Many companies are using RON to verify and store crucial business documents. Since the process involves digital encryption, individuals can get soft copies of documents whose signatures or seals have been tampered with. If there are any changes to the original document, the intent can be easily revealed.
RON utilizes Dynamic Knowledge Based Authentication (KBA), which strictly and reliably validates signers’ identities. Dynamic KBA uses private information that third parties can’t access, like a person’s credit history or past transactions.
Once the signers provide the key information, the notary seals the documents. The notary won’t be compelled to seal the document if there’s doubt. Even though the notarization is remote, the notary still needs to take time to analyze the documents and ask some interview questions to confirm the signers’ identities if they’re not in compliance.
Online notaries became legal in Virginia in 2011 after passing the Senate and House Bills 827 and 2318. These acts allowed Virginia notaries to offer online notarization services out of office. Currently, more than 30 states have legalized the use of RON. It’s worth mentioning that the Covid-19 pandemic fueled this legalization. Since the lockdown, states realized the importance and interest of moving legal and other services online.
In May 2021, the SECURE Notarization Act was passed, which addresses how the minimum online notarization standards affect interstate business. If the act is made a permanent law, every online notary will be able to provide online notarization services. But, this legality depends on the particular state, meaning that you need to verify whether using online notaries is legal in your state before pursuing it.
As mentioned earlier, online notaries haven’t been legalized in all states. You may still be required to travel to a company office to obtain notarization.
Virginia already legalized it in 2011, and many other states followed suit. The use of an online notary is in compliance with the law in Alaska, Arizona, Florida, Hawaii, Kansas, Kentucky, Maryland, Michigan, Oregon, and Utah; to name but a few.
It is crucial to determine whether these services are legal in your state first. You should also note that these are paid services, meaning users will have to pay fees for compensation. The exact amount varies from state to state, so check according to where you live for the legality of the online notary and the fees charged.
Online notaries have improved service administration in law firms and user experience for their clients. Here are three areas in which law firms are using RON.
There are many legal services related to real estate businesses. Since they involve the interests of the state, real property, and municipal agents, parties may need to present notarized documents. Lawyers and attorneys can help clients seeking legal services navigate the sale, lease, and property transfer process using RON solutions. Therefore, they can execute the documents remotely away from the office, making the process more convenient.
All litigation cases require an affidavit to support the participants’ filings. As the cases go on, the parties may need to notarize additional documents like pleadings required by the court to make a legal judgment. Once the parties reach an agreement, they must notarize that document, in most cases. Lawyers use RON to minimize traveling to and from the office, scheduling, and other challenges with face-to-face signing. Therefore, they can meet strict deadlines and ensure quick and efficient document notarization is completed.
Estate planning lawyers help their clients create contracts that need to be notarized before they present them to court. Mostly, a power of attorney is needed and needs to be notarized to allow one to make medical and financial decisions on a person’s behalf.
Additionally, a notarized beneficiary designation may be required, which describes who is to receive an asset should an individual die during the division of certain assets like retirement accounts. Estate planning is always burdensome, especially for partners, but RON solutions simplify this process and give clients and lawyers an easy time.
Because online notaries aren’t legalized all over the country, some may wonder what the future looks like for this business. However, the hesitation in legalizing RON may be due to concerns about data privacy breaches associated with this service. But, whichever way you choose to look at it, RONs are a part of the future of legal business. For a law firm looking to make an online notary part of its company, or more than one as employees, ensure that they are completely qualified.
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