Key Takeaways
- Not all documents can be notarized via RON in some circumstances
- Electronic estate planning documents may require additional bond and E&O insurance
- Some parties may not accept RON notarizations
- RON creates different privacy and security considerations
- Platform security and data protection are critical
RON Special Considerations
While Remote Online Notarization offers convenience, there are special considerations and limitations that notaries should understand.
Document Acceptance Issues
Not All Recipients Accept RON
Some parties may not accept documents notarized via RON:
| Party | Potential Issues |
|---|---|
| Foreign countries | May not recognize RON |
| Some courts | May require traditional notarization |
| Certain government agencies | Policies vary |
| Some financial institutions | Internal policies may require in-person |
| Recording offices | May have specific requirements |
Notary's Responsibility
- Cannot guarantee acceptance by all parties
- Should inform signers that RON may not be accepted everywhere
- Document is legally valid under Ohio law, but recipient acceptance varies
Electronic Estate Planning Documents
Special Requirements
For notarizing electronic estate planning documents (such as electronic wills and electronic powers of attorney), additional requirements apply:
| Requirement | Details |
|---|---|
| Surety bond | $25,000 bond required |
| E&O insurance | $25,000 errors & omissions policy required |
| Proof filing | Must file proof with SOS before performing |
Types of Documents Covered
| Document Type | Bond/E&O Required? |
|---|---|
| Electronic wills | Yes |
| Electronic powers of attorney | Yes |
| Electronic healthcare directives | Yes |
| Standard electronic documents | No additional requirements |
Why the Extra Protection?
Estate planning documents:
- Have significant legal consequences
- May not be discovered until years later
- Affect vulnerable populations
- Create higher liability exposure
Security Considerations
Platform Security
| Security Element | Purpose |
|---|---|
| Encryption | Protects data in transit |
| Access controls | Limits who can access recordings |
| Tamper-evident technology | Prevents document alteration |
| Secure storage | Protects retained records |
Notary's Security Responsibilities
| Responsibility | Action |
|---|---|
| Choose reputable platform | Research provider security |
| Protect login credentials | Don't share passwords |
| Secure workspace | Prevent unauthorized viewing |
| Report security incidents | Notify platform and SOS if breach occurs |
Privacy Considerations
What Gets Recorded
Remember that RON sessions create recordings containing:
- Signer's face and voice
- Identity documents
- Personal information
- Signature process
Privacy Obligations
| Obligation | Details |
|---|---|
| Limit access | Only authorized personnel |
| Retention rules | Follow Ohio requirements |
| Destruction protocols | Proper disposal when appropriate |
| Breach notification | If data is compromised |
Technical Issues
Common Technical Problems
| Problem | Solution |
|---|---|
| Connection dropped | Restart session |
| Poor video quality | Check internet connection |
| Audio issues | Use headphones/microphone |
| ID not scanning | Try different lighting/angle |
When Technical Issues Prevent Completion
If you cannot complete a RON due to technical issues:
- Do NOT complete a partial notarization
- Document the issue
- Reschedule for another session
- May still charge technology fee if verification was attempted
Jurisdiction Considerations
Ohio Law Applies
When performing RON:
- Ohio law governs the notarization
- Notary must be in Ohio
- Ohio notary standards apply
- Ohio disciplinary authority applies
Out-of-State Signers
| Consideration | Details |
|---|---|
| Legal in Ohio | RON valid under Ohio law |
| Acceptance varies | Other states/countries may have different rules |
| Document recording | Recording office rules vary |
| Counsel signers | About potential acceptance issues |
Emergency RON
Some situations may warrant expedited RON:
- Medical emergencies
- Time-sensitive business transactions
- Limited availability of in-person notary
However, all RON requirements still apply regardless of urgency.
On the Exam
Key special considerations:
- Acceptance varies: Not all recipients accept RON
- Estate planning: Extra bond and E&O requirements
- Security: Platform and data protection critical
- Privacy: Recordings contain sensitive information
- Technical issues: Know how to handle them
- Ohio law governs: Regardless of signer location
What additional requirements apply to notarizing electronic wills via RON in Ohio?
If a foreign country will not accept a RON notarization, what should the notary understand?
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