Online Notarization now Legal(notary.signnow.com) This is a great example of a disruptive technology startup. SignNow has created NotaryNow and helped lead the charge to get the online notarization bill passed in Virginia, which came into effect on July 1st so now people can notarize documents from anywhere in just minutes. |
NB the link to the law is buried a couple clicks in. If you are interested in seeing the law: http://notarynow.signnow.com/virginia-notary-law/
Most states require in-person verification of id, i.e., an actual physical examination of the i.d. presented. The Virginia law requires verification, but does not actually say how such verification would proceed.
In other words...this notary service is only useful if the courts of Virgina have jurisdiction over any legal disputes arising from the transaction.
But I assume they might use one of the schemes used by banks when setting up online accounts, or even by the TSA when you forget your ID and want to board a plane. They look at public/commercial records to come up with questions that only you should be able to answer.
Stuff like "DMV records show you own a Toyota Camry, what is the model year?," "which of these best describes your monthly payment on your mortgage?" or "which of these lenders holds one of your student loans?"
You can read more on Experian's KBA here: https://www.experian.com/products/pdf/knowledge_iq.pdf Or here: https://www.experian.com/esolutions/esolutions/products/frau...
Moreover, this system of "verification" merely proves that the person being examined knows publicly purchasable facts about the alleged identity they claim. (All of the data used by these systems comes from public records, all of which can be accessed for free or for a fee.)
I can see this being very convenient for people who are located in rural locations, though I don't know how much business those people will generate.
Of course - the biggest challenge here will be price competition and a race to the bottom. At $5/notarization, it usually takes 3-4 minutes to get somebody's passport, ID, data, etc...
Watching the video - the one thing going for signnow is it will escrow your notarized document. Maybe the real play here isn't so much notarization as a business, but the brand development of signnow by offering peripheral services.
Hopefully will be announced properly in the next two weeks. Input welcome!
I hope you ignore the people that complain and nitpick the price. They may be the most vocal, but there are plenty of us who value our time more than money and 15 bucks is a great deal.
That said, don't make me hunt down the price. It wastes my time and energy. Display the price and you'll generate goodwill with the customers that actually matter.
Link to California Secretary of Website Customer Alert about this service, posted this afternoon: http://www.sos.ca.gov/business/notary/customer-alert.htm
Quoted from the linked page: A private company claims to have the first online notarization website and has sent misleading information and made false claims to California notaries public concerning a new online notarization service. The web-based platform purports to allow a person to submit copies of identification over the Internet and to use a webcam in lieu of a personal appearance in front of a notary public. Appearance via webcam does not meet the requirements for notarization in California.
California notaries public are authorized under current law to perform electronic notarizations as long as all the requirements for a traditional paper-based notarial act are met, including the use of a seal for all but two specific documents used in real estate transactions. California law requires a person to appear personally before a notary public to obtain notarial acts like acknowledgments or jurats. This means the party must be physically present before the notary public. A video image or other form of non-physical representation is not a personal appearance in front of a notary public under current state or federal laws. The technology solution offered by this private company does not comply with California law.
What incompetent lawyer told you that you could use it for the basis of your service? Moreover, what incompetent lawyer told you that you could offer such a state-specific thing as notarization services nationwide?
However, notarization services are not public acts, records, or judicial proceedings. (Strictly speaking, notarization is a public act for state law purposes, but not for federal law purposes.)
EDIT: To clarify, a "public act" for federal law purposes is an act by a publicly elected, or appointed, official of the state. Local officials (county, city, etc.) do not have the power/authority of "public acts" for purposes of federal law. A notary is a state-level bureaucrat, but is not an "official" for federal law purposes because they are not elected or appointed--anyone can be a notary if they pass a simple test. EDIT 2: Note also that Congress gets to say when the FFAC applies, and they have chosen not to apply it to notarization services.