RON’s finally here! – Sign/Notarize Documents Worldwide

Posted on by Randy Gilbert

I jokingly say now, “We can now close a real estate deal even for an astronaut in outer space!” Effective January 1, 2020, Florida passed game-changing legislation easing notary roadblocks by allowing buyers and sellers to have their signatures notarized wherever they are in the world.

Florida Chapter 117 Part II, now permits us as specially licensed Remote Online Notaries (dubbed “RON”), to use audio/visual technology to notarize documents. In other words, we no longer need a signer “physically present” before us as notaries in order to notarize a document. Documents can be signed and notarized digitally without being in the same room, building, state, or even the same country. This is amazing for international, military, and out-of-state clients!

RON Qualifications. Becoming a RON requires: an additional two (2) hour notary course; $25,000 E&O insurance; $25,000 bonding; and the use of a third-party provider of: audio-video communication technology, credential analysis, and government ID verification. §117.225.

Limitations. RON can perform all functions of a notary except marrying individuals. §117.209

How to do a RON (Checklist)? The RON must: (1) be physically in Florida but signers (referred to as “principals” or any witness to a principal) may be anywhere; (2) record the audio-video conference using real-time, two-way communication by electronic means where participants are able to see, hear, and communicate with one another; (3) At the commencement of the recording advise the signer the RON will be notarizing; (4) Provide a general description or identification of the records to be signed; (5) Ask Where are you currently located? If the signer is not in Florida, confirm the signer wants the notarization performed by a Florida Notary and under Florida law; (6) confirm the signers’/witnesses’ identity by either: attesting to personally knowing the signer; or from the signer: (i) remotely presenting a government issued ID and confirming their identity; and (ii) passing a “credential analysis” (where a 3rd party verifies the government-issued ID’s validity); and (iii) passing an “identity proofing” (where a 3rd party verifies the signer’s identity through questions or via biometric verification); and (6) Obtain a declaration from the signer that their signature is knowingly and voluntarily made. §§117.265, 117.245, 117.209, 117.201.

“Identity Proofing” the signer. To verify the signer’s identity who is not personally known to the RON, the signer must within two (2) minutes correctly answer four (4) out of five (5) questions formulated from public or proprietary data sources, and will be given five (5) possible answer choices per question. If the signer fails, the signer may be offered one (1) additional attempt, and during that attempt, the signer may not be presented with more than three (3) questions from the prior attempt. §117.295

Additional questions for signers. The RON may want to ask: Who is in the room with you?, Are you under the influence of any drug or alcohol today that impairs your ability to make decisions?, Do you have any physical or mental condition or long-term disability that impairs your ability to make decisions?

Witnesses. A witness can be physically with the principal signer or can also be present using audio-video technology. If the witness is remote from the principal signer then, (1) the RON needs to verify the witness’ ID just like any other signer; (2) the witness must hear the principal signer say that the principal has signed the electronic record; (3) the witness must verbally confirm they are a resident of and currently physically located in the US or its territory. §117.285

Notary block. RONs must use an electronic notary seal identifying the RON as an “online notary.” §117.265. The traditional notary block has been changed for all types of notaries (not just RONs) in that it must now state whether the signer was physically or virtually present. §117.05 Examples are shown below for different types:

FOR ACKNOWLEDGEMENTS BY AN INDIVIDUAL:

STATE OF FLORIDA

COUNTY OF   ________

The foregoing instrument was acknowledged before me by means of ? physical presence or ? online notarization, this ______ day of ______, 20___, by _____________________________, and who: ? is personally known to me; or ? produced as identification ___________________.

                                              (Signature of Notary Public – State of Florida)

(Print or Stamp Commissioned Name of Notary Public)

                        (State “Online Notary” if that is the case)

FOR ACKNOWLEDGEMENTS IN A REPRESENTATIVE CAPACITY:

STATE OF FLORIDA

COUNTY OF   ________

The foregoing instrument was acknowledged before me by means of ? physical presence or ? online notarization, this ______ day of ______, 20___, by _____________________________, as _____________________ (type of authority) for _________________________ (name of party on behalf of whom instrument was executed) and who: ? is personally known to me; or ? produced as identification ___________________.

                                              (Signature of Notary Public – State of Florida)

(Print or Stamp Commissioned Name of Notary Public)

                        (State “Online Notary” if that is the case)

FOR OATHS OR AFFIRMATIONS:

STATE OF FLORIDA

COUNTY OF   ________

Sworn to (or affirmed) and subscribed before me by means of ? physical presence or ? online notarization, this ______ day of ______, 20___, by _____________________________ who: ? is personally known to me; or ? produced as identification ___________________.

                                              (Signature of Notary Public – State of Florida)

(Print or Stamp Commissioned Name of Notary Public)

                        (State “Online Notary” if that is the case)

Charges. RON may charge up to $25 per online notarization §117.275, §117.05(2), plus $20 per transaction record for making and delivering electronic copies of a given series of related electronic records, except if requested by: (a) A party to the electronic record, or (b) In real estate transactions, the title agent, settlement agent, or title insurer who insured the electronic record or engaged the online notary public with regard to such transaction. §117.255

Record keeping. The RON must keep detailed electronic journals and retain the audio-video recording thereof for ten (10) years. §117.245.

Applicable law. The online notarization’s validity will be determined by Florida law, regardless of the signer’s location. §117.209.

Employer Liability. In addition to notaries being liable for their actions an “employer of a notary public shall be liable to the persons involved for all damages proximately caused by the notary’s official misconduct, if the notary public was acting within the scope of his or her employment at the time the notary engaged in the official misconduct.” §117.05(6).

What if the RON messes up (defenses)? While there may be ramifications for the RON not being allowed to notarize anymore, “Any failure to comply with the online notarization procedures … does not impair the validity of the notarial act or the electronic record that was notarized, but may be introduced as evidence to establish violations of this chapter or as an indication of possible fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, unconscionability, or for other evidentiary purposes.” §117.265

* Additional notarial requirements apply for wills under chapter 732, trusts with testamentary aspects under chapter 736, health care advance directives, waivers of spousal rights under §732.701 or §732.702, and powers of attorney authorizing transactions in §709.2208.

DISCLAIMER:  Topics discussed are general concepts, not intended to constitute legal advice, accuracy, nor completeness, and may not be relied upon as such; consult an attorney or accountant.  The author Randy Gilbert, J.D. is neither an attorney nor an accountant.  FTIC is a national award winning title insurance company known for its white glove customer service and “No Junk Fee Guarantee.” ®

86 thoughts on “RON’s finally here! – Sign/Notarize Documents Worldwide”

  1. My coworkers and I have been looking into RON, and this article has done wonders for our understanding of it. Thank you!

    Reply

  2. Thank you for creating this article! I love learning about new ways to make the signing process as easy as I can for my clients.

    Reply

  7. Some really nice and utilitarian Remote Online Notarization information on this web site, good features

    Reply

  11. Very impressed by the mode that you express yourself, and your article on RON is quality. I give my sincere thanks and cheers!

    Reply

  12. Great site. A lot of helpful info here. I am sending it to some pals, thanks on your sweat and hard work on this RON article!

    Reply

  31. I didn’t know who to ask about this subject, and I came across this article. It certainly has all the info I wanted.

    Reply

  32. Thanks for the exceptional writeup. Honestly it was great to read. For a such a complicated subject you make it easy to understand.

    Reply

  38. that’s fantastic news! you can be anywhere in the world to get your documents signed.
    thanks Randy for the amazing job you do!

    Reply

  39. That’s an interesting story how the attorney Jerome Ira Solkoff used a fictitious cast of characters with the names Lyndon (husband), Lady Bird (wife), Lucie (daughter), and Lynda (daughter) in examples explaining the usefulness of this new type of deed. So as the-story-goes the nickname Lady Bird became associated with the deed.”
    she must’ve be very creative ;-))

    Reply

  42. Hello Randy,
    I just arrived at this article through Google Search. This is one of the best articles on commenting. I enjoyed it a lot. Carry on writing such useful stuff.
    Thank you and bye for now.
    Tammy Grosner.

    Reply

  45. I found your article through google search, because I was looking for the remote notarization to sell my condo in Tampa. I like your style of writing, very informative and helpful. Thank you and I look forward to your next post.

    Reply

  46. Technology is best when it brings people together. That’s what RON is meant for. I love the fact that you’re bringing this news up to let other people know about it.
    Thanks.

    Reply

  47. Hi Randy,
    I agree with you 100% to use RON. I’m a Canadian citizen but just sold a property in Florida. Since the borders had been closed for more than a year, we used RON to close on our deal smoothly.

    Reply

  48. I just used one of RONs, great fast service. I’m always following on your posts, you’re an amazing writer. Keep it up!

    Reply

  51. Taking into account the current situation in the world with Covid, closed borders, cancelled flights and whatsoever, this is the best technology what people could come up to!
    thanks for this awesome article!

    Reply

  61. Interesting article. I just want to say that I used one of the local Remote Online Notaries just recently. And I was so happy how fact and smooth the signing went in.

    Reply

  63. Hi Randy,
    I just arrived at this article through Google Search. This is one of the best articles on commenting. I enjoyed it a lot. Carry on writing such useful stuff.
    Thank you.

    Reply

  64. It’s incredible how technology has improved for the last decade. We just closed a deal remotely and sight unseen, and very happy about it. Thanks for your great article!

    Reply

  67. Before reading this article, I was not aware that a notary can now be remote. This article was a great find!

    Reply

  68. Never thought I would find all the details I needed into becoming a RON, thank you for this information.

    Reply

  69. I am in the process of becoming a RON and it is good to know that I will need a 2 hour notary course before doing so.

    Reply

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