Remote Notarizations Are Here to Stay … But Not Yet

During the COVID pandemic, the Massachusetts Legislature passed a law allowing for Remote Online Notarizations (“RON”). By doing so, real estate transactions could continue even though in-person meetings were discouraged, and the Registries of Deeds were closed to the public. The COVID-era process was tedious. Physical documents needed to be delivered to the signer. Then, the signer and notary would initiate a Zoom or other real time electronic communication where the notary would watch the signer execute documents. The signed documents would then be delivered to the notary where the parties would hold a second Zoom chat to affirm that the signer executed the documents the day before, and the notary would affix the seal stating that the document was being notarized pursuant to “Chapter 71 of the Acts of 2020.” All parties to these transactions had to attest that they were physically present in Massachusetts, and the notary was required to maintain a copy of the Zoom recording for at least ten years. While Chapter 22 of the Acts of 2022 allowed for continued use of RON, on March 31, 2023, the RON authorization expired and remote online notarizations were no longer permitted in Massachusetts.

Despite the time-consuming process and restrictions, RON worked. Documents could be properly notarized and recorded. The Legislature and other stakeholders understood the benefit that RON conferred not just to the real estate closing process, but to any notarization act. A number of other jurisdictions began to adopt and implement permanent RON procedures. In 2023, the Massachusetts Legislature adopted a permanent RON law to become effective on January 1, 2024, subject to the promulgation of regulations to govern remote notarizations.

The new RON scheme is very different from the temporary COVID remote notarization processes. A notary must now register with the Massachusetts Secretary of State. The signer need not be in Massachusetts, though the notary must be physically in Massachusetts. An electronic seal replaces the physical stamp that notaries use. The RON Act requires the notary and signer to use a third-party to authenticate and affirm the signer’s identity. The third-party platform asks the signer to upload two forms of identification and then asks personal questions to confirm the signer is who he claims to be, such as to confirm a car he once owned, or verify an address where the signer once lived. Once the signer’s identity is confirmed, the parties use the third party to conduct a review of the documents online, sign them electronically, and have the notary affix his or her electronic seal. A notary may charge fees for the use of the electronic platforms. These RON-signed documents have the same force and effect as a document that is stamped by a notary who meets with a signer in person. The benefit is that a Massachusetts notary can now notarize documents signed electronically anywhere in the world.

While the Massachusetts RON law has been on the books since January, remote notarizations have not begun because Secretary Galvin has yet to promulgate the regulations required to implement the statute. Once he does so, Massachusetts will join the vast majority of states (47) that will permanently allow for remote online notarizations.