KHANI & AUERBACH OFFERS REMOTE ONLINE NOTARIZATION (RON)
As of January 1, 2020, HB 409, “Electronic Legal Documents” became effective, thereby amending Fla.Stat. 115.05 (pertaining to Notary Publics in Florida). The passage of this law put the State of Florida on the map to participate in Remote Online Notarization (RON). The full online notarization law is provided in Part II “Online Notarizations” of Fla.Stat. 117.201 et seq.
Khani & Auerbach can provide RON services to both its existing clients and as a stand-alone service.
Remote Online Notarization can be conducted for a variety of matters, including, but not limited to: Real Estate transactions, Closings, Affidavits, Agreements, Estate Planning Docs such as, Wills, Revocable Trusts, Power of Attorney, Health Care Surrogate Designation and Living Wills.
UNDERSTANDING THE PROCESS:
Khani & Auerbach utilizes two different third-party Remote Online Notarization (RON) online platforms: Pavaso and ProperSign. These platforms both conduct the identity verification and video conferencing of the RON transaction, as well as the record-keeping (journal) and storage of same for the legally required amount of time (10 years).
SIGNER REQUIREMENTS FOR REMOTE ONLINE NOTARIZATION:
*Valid form of government issued photo identification (Driver’s License / Government ID / Legal Permanent Resident card / Military ID (not expired, or issued within 5 years if expired +ID number, issued by state or federal government) or US Passport
In addition, meeting these ID requirements, all signers must have the necessary technology or access to the following:
*a computer (or iPad, depending on the platform used) with a working camera, microphone and speakers
*a U.S. mobile phone with the ability to take photos (depending on 3rd party software used, may not need cell)
*All signers (unless personally known by the notary) will be required undergo an identity verification process prior to the actual signing and notarization.
Both the signing of the document(s) to be notarized and the notarization of the signature(s) will be conducted via video conference.
HOW DO I SIGN UP FOR A RON SIGNING?:
You may complete our Remote Online Notary intake form
After filling out the online form, you will receive a confirmation email and additional instructions.
OUTLINE OF THE RON PROCESS:
Shortly after completing the form, you will receive an Invoice that includes the quote for the signing and a link to pay online along with a list of available dates and times to have the notarization to take place via video conference. Payment for RON services are required before the signing process. Please note that if documents are part of a real estate transaction, the RON charges are NOT required to be listed on the closing statement.
Your document(s) will be uploaded into the platform and prepared for Remote Online Notarization. THE DOCUMENTS PROVIDED FOR SIGNING MUST BE IN PDF FORMAT and be received by our office, fully completed with notary block fully filled out, at least 24 hours in advance of the appointed RON signing session. For an additional fee, our office may be able to accommodate urgent signings.
Once our office has completed preparation within the chosen RON platform, and a signing time has been arranged, the Signers will receive emails inviting them to review docs and then, enter the signing session.
Once signers are in the session, the identity verification process will begin. This process is separate from the actual signing/notarization of the document(s) and the signor must pass the identity verification before RON can take place. During the identity verification process, the signor will be asked “knowledge-based authentication” a/k/a KBA questions by the online platform (typically, the signer is asked 5 questions and must answer 4 out of 5 questions correctly, within 2 minutes and within two attempts. Please note that the questions asked will be based on information gathered from credit bureaus and public records.
After the identity verification is complete, depending on the program used, you will then complete identification verification process. In addition to uploading the ID onto the program, the signor may also be asked to hold their ID up to the video camera, so the online notary can clearly inspect the ID. After both identity and identification verification are complete, the Notary will officially introduce themselves and ask several questions to ensure the signor clearly understands the process before the signing begins:
1. Do you understand that this signing is begin recorded via audio-video conference using real-time, two-way communication by electronic means where all parties are able to see, hear and communicate with one another?
2. Please state your full name for this video recording.
3. Do you understand that I will be notarizing your documents by way of Remote Online Notarization?
4. Do you understand what the contents of the document you are about to sign are?
5. Where are you currently located? If outside the State of Florida, please confirm that you want the notarization performed by me as both a Florida Notary and pursuant to the law of Florida?
6. Please affirm that all the signatures you are about to make are being made knowingly and freely of your own volition.
7. Is anyone else present with you in the room, and if so, who are they?
8. Are you under the influence of any drug or alcohol today that may impair your ability to make decisions?
9. Do you have any physical or mental condition or long-term disability that impairs your ability to make decisions?
If the witnesses are not physically present in the room with the signer and only there via audio/visual means, the online notary must also ask the signor, the following questions:
*Are you currently married? If so, name your spouse.
*Please state the names of anyone who assisted you in accessing this video conference today.
*Please state the names of anyone who assisted you in preparing the documents you are signing today.
*Who is in the room with you?
If the Remote Online Notary recognizes that the signer fails to respond, is incapable of understanding what they are signing or has been declared mentally incapacitated by courts, the notary can refuse to proceed.
After completing the above-referenced questions, unless the signer has “pre-signed” the signer(s) will then electronically sign the document(s) in view of the notary and any witnesses. Witnesses must either be in the physical presence of the signor or appear through the RON platform by audio/video means. For your added convenience, our office can provide witnesses. The notary will then sign and stamp the document(s) in view of the signer(s).
Once the notarization is complete, the session will end.
After the session ends, the signer(s) will receive an email with a link to their completed document(s). The original, final notarial certificate and signature includes a tamper-evident seal to ensure the security of the document(s).