Online Remote Notarization

We are commissioned as an Online Notary Public by the State of Texas pursuant to Texas law. We are offering online, remote notarization of documents to clients, members of the public, businesses and attorneys and are commissioned by the State of Texas Secretary of State to do so. We remotely notarize pleadings, affidavits and various other documents for Texas attorneys upon request, and same-day service is possible.

As a Texas online notary, we must perform notarizations in our jurisdiction, according to the laws of the State of Texas. While we sit in Texas, signers of documents can sit anywhere. Video or audio conferencing and identity verification is necessary for us to electronically notarize your document and verify your identity. Our software provides a tamper-evident, digitally-encrypted notary signature.

What to Expect:

  1. Email us or call for same-day service. Send a copy, screenshot or photo of the document you need notarized for our review.
  2. We will need to alter the actual document so that the notarization acknowledgement field references online notarization and includes a field for our digital certified signature. We can do this for you in Adobe Acrobat PDF editor.
  3. Have a short call with us via Google Meet or Facetime, as per Texas law, providing identification verification. The call must have audio and video, and identification requirements include a driver’s license or passport (pursuant to TAC §406.110). For exceptions to these ID requirements, see FAQ below.
  4. We’ll sign while on the video conference. You’ll have a digitally-encrypted and verified signature with an image of our electronic seal on your signed document, capable of independent verification and tamper-evident right away.
  5. Fees range from $25-31 for online notarization, depending on the document, pursuant to TAC §406.111. (Additional signers increase the cost.) We bill using LawPay, and credit card or e-checks are accepted.

COMMON QUESTIONS:

What is an online notary, and what law authorizes this?

First, Texas Administrative Code §406.106. states:

An online notary public:
(1) is a notary public for purposes of Subchapter A and is subject to that subchapter to the same extent as a notary public appointed and commissioned under that subchapter; (2) may perform notarial acts as provided by Subchapter A in addition to performing online notarizations; and (3) may perform an online notarization authorized under this subchapter. Second, online notaries can perform all acts of traditional notaries under TAC §406.016, such as the authority to: (1) take acknowledgments or proofs of written instruments; (2) protest instruments permitted by law to be protested; (3) administer oaths; (4) take depositions; and (5) certify copies of documents not recordable in the public records.

Does my state recognize online notarization?

The National Notary Organization’s website likely provides the information you need here.

Who provides your digitally-encrypted signature capabilities?

Entrust supports our Adobe Sign capabilities and is X.509 compliant, using PKI technology. If you would like more detail on how this works, read this.

What legal requirements do your digital signatures as an online notary satisfy?

Our online notarization is in accordance with Texas law, as well as the following digital signature laws: U.S. Federal ESIGN Act, GLBA, HIPAA, PCI DSS, US-EU Safe Harbor Framework, as well as many other international laws.

How does online notarization in Texas differ from traditional notarization?

This chart from the American Society of Notaries shows the distinctions.

What kinds of records are kept by the online notary?

Tex. Gov’t. Code § 406.108(b) requires that an online notary public maintain a secure electronic record of electronic documents notarized by the notary. An online notary public must record the following about the notarization: 1) its date/time, 2) type of notarial act, 3) title/description of electronic document or proceeding, 4) printed name & address of each principal on the document, 5) evidence of proper ID of each principal signing in the form of a statement that the person is personally known to the notary, type of ID, record of the ID, printed name and ID of any person swearing to the ID of the signer, 6) recording of the ID verification (audio/video) and notarial act, and 7) the fee charged by the notary.

What types of identification are acceptable?

TAC §406.110 provides that a government-issued credential (such as a passport or driver’s license) that includes signer’s signature and photograph should be provided. If valid is unavailable, witnesses with valid ID may attest to the identity of the signer for verification.

Why does the online notary’s acknowledgement, where she signs/stamps, read differently from a traditional notarization?

The online notarization, by Texas law, must include language in the acknowledgement distinguishing that this act was online, rather than traditional.

What language should be in the notary’s acknowledgement on my document?

An example of proper language is below, and other examples of language are found here if you are an attorney inserting language for our signing. We can edit your document using Adobe to insert the appropriate language.

Before me, (insert the name of notary or other officer taking acknowledgment), on this day personally appeared by means of an interactive two-way audio and video communication (insert name of acknowledging party), who is known to me [or proved to me on the oath of (insert name of credible witness if necessary)] [or has provided satisfactory evidence of identity in accordance with Chapter 406, Texas Government Code] to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. This notarial act was an online notarization.
Given under my hand and seal of office this __________ day of __________, (year).

Why does online notarization cost more than traditional notarization?

State law allows a fee of $25 per signer, per notarization, plus the regular fee of a traditional notary. The higher fee is justified, because online notarization requires more work, such as verifying your identity by audio-video conference, retaining the record of the conference, potentially altering the acknowledgement language of the notary as per legal requirements above and making certain your data is safe. There is also a cost of upkeeping digital signature software that complies with law, so that your document is tamper-evident.


Homolka Law Firm, PLLC
5535 Memorial Drive, Suite F, #1355
Houston, Texas 77007
Phone: (832) 799-3491
Email: main@amberhomolkalaw.com
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