Section 11: Electronic Notarizations

Electronic notarization is simply a different platform in which to perform the legally sanctioned acts of a notary public. The electronic medium is becoming the accepted norm in our society.

The passage of legislation removes many legal barriers to electronic commerce. Business continues to transcend time and space. Strangers do business with strangers locally and globally. The need to know that individuals are who they claim to be is critical in the business world. This legal setting provides a framework for the inclusion of electronic transactions.

Electronic notarization, called e-notarization, is the process whereby a notary public affixes a digital signature or certificate to an electronic document. The digital signature or certificate is a series of numbers generated by a complex mathematical formula (algorithms) involving coding and decoding (encryption) technology. This by no means is a remote notarization. The signer must be physically present. It is imperative that the “presence requirement” never be overlooked.

A notary public wishing to perform e-notarization would need to be authorized by the Department as an “electronic notary.”

To be authorized, a notary public must submit the following information to the Department:
  • Name of notary public seeking authorization
  • Commission number of notary public
  • Office address
  • Email address
  • Name of electronic notarization solution provider
  • Contact information of solution provider
  • Website of solution provider
With the internet permitting execution of online documents that often require notaries public to verify the identity of the individual, the notarized digital signature legally executes an electronic document. The digital signature is equivalent to the traditional signature and seal of the Notary - the pen is now a mouse and the stamp an electronic icon.

Prior to performing electronic notarization, the notary involved is legally required to take steps to ensure the electronic notarization solution used is valid and has not expired, been revoked, or been terminated by the solution provider. The solution used must be approved by the department prior to any electronic notarization.

State and federal statutes concerning electronic transactions stemmed from governmental recognition of the significance of electronic commerce on the Internet. In 1999, the National Conference of Commissioners on Uniform State Laws (NCCSL) distributed what is known as the Uniform Electronic Transactions Act (UETA). The basic objective of UETA is to ensure that e-transactions are as enforceable as traditional paper transactions. UETA specifically addresses "electronic records and electronic signatures relating to a transaction."

The Electronic Notarization

The Electronic Notarization permits qualified Pennsylvania notaries public to perform notarizations electronically as part of electronic documents that are recorded electronically by participating Pennsylvania county recorders of deeds.

Phase I of the Electronic Notarization began on January 30, 2006 encompassing recorders of deeds offices of Chester, Lancaster, Philadelphia and Westmoreland counties. Phase 1 is authorized for up to one year. Subsequent phases are scheduled to follow which will expand the program into additional counties in which the recorders of deeds have the capability to electronically record documents.

Revisions to the Notary Public Law, effective July 1, 2003, provided for electronic notarization by adding provisions for the execution and registration of a notary’s electronic signature, as well as the requirement that notary education programs preapproved by the Secretary have a core curriculum which includes electronic notarization.

How Do e-Notarization and e-Signatures Work?
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How can a notary public digitally sign a document? Typically, an electronic version of a document or online form is presented to the notary. The notary administers an oath or takes the acknowledgment of the document signer, remembering that all current notary law must be followed. The document is then signed by the owner of the document with a digital certificate or with a signature (typing his/her name in a box). In turn, the notary also digitally signs the document in a similar fashion. The document is now electronically notarized and can be transmitted (e.g., via email) or saved to disk. The process is practically the same as that of paper notarization.

Digital notarizations commonly use digital signatures, a type of electronic signature, in place of wet signatures. A digital signature, using the technology of a digital certificate, is a form of encrypted data that can be used to authenticate an individual and his or her document. Encryption is a process that transforms data to an unreadable format so that the information remains secure. This allows for a measure of authenticity, integrity, and confidentiality. In short, by using this technology, one can validate the integrity of the document and verify the identity of an individual - the key to notarizing online documents.

The technology that allows for digital certificates, also referred to as Electronic Notary Seal (ENS), and electronic signatures is precisely what makes electronic notarization legally acceptable. A digital signature is part of a system called Public-Key Infrastructure (PKI) and has a corresponding component called a digital certificate. PKI is the generally accepted method of ensuring e-commerce security.

Confidentiality, authentication, integrity and non-repudiation are four important ingredients required for trust in e-commerce transactions. The emerging response to meet these requirements is the implementation of PKI technology. In basic terms, PKI allows an individual to obtain a digital certificate, which then would be used to affix that individual's digital signature to an electronic document. A digital certificate holds vital information and allows for authentication of the individual, through the use of two related "keys," your private key and your public key, known as a key pair.

There is no doubt that the technologies used to digitally sign documents can be daunting. But for you, the notary, using this technology is completely transparent. Electronic notarization is achievable without requiring you to know the fundamental technology, allowing you to expand your notarial role without having to invest a lot of time in learning a new technology.

The Eight Steps to Becoming an Electronic Notary in Pennsylvania (from pa.gov)
  1. Step 1 The duly appointed and commissioned notary public in the Commonwealth of Pennsylvania who holds a current and unrestricted commission completes the Electronic Notary Public Application and submits it to the Department of State’s Bureau of Commissions, Elections and Legislation. The electronic notary application form is available from BCEL upon request or on the Department’s website at http://www.dos.state.pa.us/notaries (Link to Electronic Notarization).
  2. Step 2 The Department of State processes the electronic notary application and either approves or rejects the application in writing. If approved to act as an electronic notary, the applicant will be notified by mail with an Electronic Notary Approval Letter from the Department of State, sent to the business office of record of the notary public. The Department will also send an approval e-mail to the e-mail address provided by the approved electronic notary on the electronic notary application. The approval letter will authorize the notary to participate in the Department’s Electronic Notarization Program for not longer than the end of the notary’s current four-year commission as a notary public or for a lesser period of time, depending on the electronic notarization solution chosen by the notary. The notary has 45 days from the date of the Approval Letter to complete the process for obtaining an electronic notary solution or the approval becomes null and void.
  3. Step 3 The approved electronic notary appears in-person before a participating county Recorder of Deeds and presents the Electronic Notary Approval Letter and satisfactory evidence of identity to the Recorder. Satisfactory evidence of identity consists of a current state or federal government-issued photo identification document. The Recorder of Deeds enters the identification information for the notary into the shared Electronic Notarization Program database. The list of participating Recorders of Deeds may be found at http://www.dos.state.pa.us/notaries (Link to Electronic Notarization).
  4. Step 4 The approved electronic notary is notified via e-mail to log onto the Department of State’s website to select an approved electronic notary solution provider. The approved electronic notary may select more than one approved electronic notary solution provider at this time. To log onto the Department’s website, go to http://www.dos.state.pa.us/notaries (choose the link to Notary Searchable Database & eServices and then click on “Search ENotaries” under “Services for ENotaries”). NOTE: You must have a valid PAPowerPort login account to complete this step. If you do not have an account, you may register for one through the Notary Searchable Database & eServices webpage.
  5. Step 5 The Department of State provides information to the selected electronic notarization solution provider(s) that the Pennsylvania notary is authorized to receive an electronic notary solution.
  6. Step 6 The electronic notary and the selected electronic notary solution provider will work together directly to pay for and obtain an electronic notary solution. Contact information for the approved electronic notary solution providers may be found at http://www.dos.state.pa.us/notaries (Link to Electronic Notarization).
  7. Step 7 Once an electronic notary solution has been issued by the approved electronic notary solution provider to the notary, notification will be made to the Department of State and the electronic notary’s record will be updated showing that an electronic notary solution has been issued to that notary.
  8. Step 8 The approved electronic notary may now use his/her electronic notary solution until the end of the notary’s current four-year commission as a notary public or for a lesser period of time as necessitated by the particular electronic notary solution, whichever is shorter.
That is all there is to it! The procedure remains essentially the same. You can view a digital signature as another form of the traditional pen - one you use to sign the document. Remember that all requirements of a notarial act which applies to a tangible record also apply to an electronic record.

For questions concerning notarization and notaries public, please contact the Department of State:

Telephone: (717) 787-5280
Website: http://www.dos.pa.gov/OtherServices/Notaries/Pages/default.aspx
Address: Department of State
Bureau of Commissions, Elections, and Legislation
Division of Legislation & Notaries
210 North Office Building
Harrisburg, Pennsylvania 17120
Section Review

1.   When performing an electronic notarization, the requirement of the signer to "personally appear" is waived.
  True
  False

2.   Electronic Notary Seal (ENS) refers to:
  The digital certificate.
  The Public-Key Infrastructure (PKI).
  The notary public's e-signature.
  The signer's signature.

3.   Pennsylvania notary public education courses are required to have a core curriculum which includes electronic notarization.
  True
  False

4.   The Electronic Notarization Initiative began on January 30, 2006 and is authorized for up to one year.
  True
  False
Conclusion

Congratulations you have completed the Pennsylvania Notary course! You will be directed to print your education certificate.

For more information on RULONA (Revised Uniform Law on Notarial Acts) visit:

http://www.dos.pa.gov/OtherServices/Notaries/Documents/RULONA,%20Act%2073%20of%202013,%20as%20amended.pdf
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