Yes. Remote online notarization (RON) is legal in Texas. Texas law authorizes online notaries to notarize documents through two-way audio-video communication rather than requiring the signer and notary to be physically together. The Texas Secretary of State regulates online notarizations under Government Code Chapter 406 and related administrative rules.
What Is Remote Online Notarization?
RON is a notarial act performed electronically through an audio-video conference. The signer appears before the online notary remotely, the notary verifies the signer’s identity, completes the required notarial act, and applies the required electronic signature and seal.
Texas distinguishes RON from ordinary electronic notarization. An electronic notarization may involve an electronic document and electronic notary seal, but the signer and traditional notary must still be physically present together. RON specifically permits the physical separation of the signer and notary.
Who Can Perform a Remote Online Notarization?
Not every Texas notary can automatically perform RON. The notary must hold a current traditional Texas notary commission and separately qualify as an online notary public. The Secretary of State requires an online notary to use a digital certificate and electronic seal and follow identity-proofing and credential-analysis requirements.
The online notary must also be physically located in Texas when performing the notarization. The signer, however, may be located outside Texas or even outside the United States.
How Does the Identity Verification Work?
Identity verification is a central part of RON. Texas requires online notaries to use procedures designed to establish the identity of the person appearing remotely. These procedures can include credential analysis of government-issued identification and identity proofing.
The signer must personally appear before the online notary through the required audio-video technology. The process is more than uploading a signed document and receiving an electronic seal.
Are Online Notarized Documents Legally Valid?
Generally, yes, when the notarization complies with Texas law. Texas recognizes electronic records and electronic signatures under the Texas Uniform Electronic Transactions Act. The Secretary of State also expressly recognizes online notarization as a lawful notarial service.
However, notarization does not by itself make every document legally enforceable. The underlying document must still satisfy any applicable requirements concerning signatures, witnesses, consent, contract formation, recording, or other formalities.
Are Real Estate Documents Eligible for RON?
Many real estate documents can be handled electronically, provided the applicable legal and recording requirements are satisfied. Texas law expressly addresses electronic real-property documents and electronic notarization.
For a real estate transaction, parties should distinguish between notarizing a document and recording it with the county clerk. A document can be validly notarized online but still need to satisfy separate recording requirements.
Are Wills Eligible for Remote Online Notarization?
Not every legal document can be electronically signed or notarized online. The Texas Secretary of State specifically states that wills, codicils, and testamentary trusts are excluded from the Texas Uniform Electronic Transactions Act. Texas Estates Code requirements therefore continue to apply, including rules governing execution of wills.
People should not assume that RON is available for every document merely because the document contains a notarial certificate.
What Records Must an Online Notary Keep?
Texas imposes detailed recordkeeping obligations on online notaries. The notary must maintain an electronic record of each online notarization, including the date and time, type of notarial act, document information, identities of the principals, evidence of identity, and the audio-video recording used for the notarization when applicable.
The Secretary of State states that online notaries generally must retain the electronic record, including the audio-video recording, for five years from the date of notarization.
Can a Signer Be Outside Texas?
Yes. This is one of the practical advantages of Texas RON. The signer may be located anywhere, while the Texas online notary must be physically within Texas during the notarization. This can allow people who are traveling or living elsewhere to complete qualifying Texas notarizations remotely.
What Should You Check Before Using RON?
Before using remote online notarization, confirm that the notary is properly commissioned as a Texas online notary and that the document is eligible for online notarization. Parties should also check whether the recipient, lender, title company, court, government agency, or recording office has additional requirements.
Conclusion
Remote online notarization is legal in Texas and is specifically authorized by state law. A properly commissioned Texas online notary can perform qualifying notarizations through two-way audio-video technology, with required identity verification and electronic records. The notary must be physically located in Texas, while the signer can generally be elsewhere.
RON is not the same as ordinary electronic notarization, and it does not make every document eligible for remote execution. Wills and certain testamentary documents remain subject to special requirements. Real estate transactions may also involve separate recording rules.
