Section 8: Record Keeping

An Online Notary Public has additional responsibilities with regards to keeping records of an online notarization. A copy of the audio-visual session must be maintained, as well as an electronic journal.

The audio-visual recording must include the entire notarization session. It must contain:

  • The appearance of all of the Principal(s) and witness(es) (if any).
  • Confirmation of the identity of the Principal(s) and witness(es).
  • A description of the document to be signed.
  • At beginning of recording, the Online Notary Public must provide information to identify the notarial act. For example, “Joe Smith will be remotely signing a quitclaim deed for his house.”
  • A declaration by the Principal(s) that his/her signature is knowingly and voluntarily made.
All of the actions and spoken words of the Principal, Notary Public and witnesses, including the signing of the record, must be on the recording. The recording may not be edited in any way.

Once the notarization is complete, the Online Notary Public must make an entry in his/her electronic journal to document the session. The entry contains:

  • Date and time of notarization.
  • Type of notarial act (in person or remote).
  • Type, title, or description of the record/proceeding.
  • Name and address of each Principal and witness.
  • Evidence of identity of each Principal and witness.
  • Note that the Principal and witness passed the identity proofing.
  • Note that the government-issued ID for each Principal and witness passed the credential analysis.
  • Fee charged for the notarization (if any).
  • Note if the audio-visual recording is being stored in a secure repository. If so, the
Department of State must be notified of where it is stored.

The Online Notary Public must also keep a backup copy of the journal. All records, both recordings and journals, must be maintained for 10 years.

If the records are incomplete, it does not affect the validity of the notarial act. However, it may become a problem for the Online Notary Public. The State has jurisdiction to investigate notarial misconduct. They may use an incomplete record as evidence of fraud, forgery, impersonation, duress, incapacity, or undue influence.