IPEN (In-Person Electronic Notarization) is exactly the same as a normal notarization procedure but with one distinction – instead of paper-based documents, you conduct the notarization on a tablet, phone, or laptop. Both the signer and Notary physically meet up in-person as they normally do, inspect and scrutinize the documents on a device (computer or smartphone) and use digital signatures rather than ink ones.

State Requirements for IPEN (In-Person Electronic Notarization)

Each state will have its own unique rules and guidelines regarding In-Person Electronic Notarization.

Alabama

Alabama has not yet created any laws regarding IPENs. This page will be updated as soon as more information is released.

Alaska

Notaries who wish to carry out IPENs in Alaska must inform the Lieutenant Governor of their plans to notarize electronic documents, and specify which tamper-evident technology they plan to use. Through regulations formulated by the Lieutenant Governor, notaries may also employ an electronic official seal when conducting IPENs.

Arizona

Individuals who seek to carry out IPENs are required to possess an active commission as a regular Notary Public, read and understand the Electronic Notary Rules, contact a technology provider (the Secretary of State offers a selection of vendors, though a Notary is free to go with any provider that adheres to the rules), and submit the registration application that marks their vendor of choice.

Arkansas

Notaries with an up to date commission, and who are in good standing as a regular Notary Public, may register to become an Electronic Notary and perform IPENs by:

• filling in the online application for Electronic Notary Commission
• paying the $25 application fee
• completing a training course authorized by the Secretary of State
• passing the related exam
• registering with an Arkansas approved solution provider

California

Notaries with a valid up-to-date commission may carry out IPEN (In-Person Electronic Notarization) in California. To do so, they must purchase an electronic seal from an approved vendor. When it comes to electronic real property documents, the Notary’s electronic signature will suffice in lieu of an electronic seal if it includes:

• their name
• the words “Notary Public”
• the county where their bond and oath are filed
• a sequential identification number assigned to them (if applicable)
• one assigned to the maker or seller of their physical or digital seal (if relevant).

Colorado

When performing IPEN in Colorado, Notaries must let the Secretary of State know of their intent and identify the technology they plan to use via a specified form – it is possible to apply for a commission and make such notification simultaneously. Additionally, each Notary needs to get a series of document authentication numbers (DANs) from the Secretary that must be used as a unique number for every IPEN.

The Notary can either opt to use a DAN as their official signature or combine it with an electronic one. In the latter case, an example of this signature along with a description of its technology and contact information of its supplier/vendor must be provided to the Secretary of State. Moreover, all official signatures must include the following details:

• Their name exactly as per their commission
• Identification number
• “Notary public” and “State of Colorado,”
• Document authentication number given by the Secretary
• Date of expiration for the commission
• Lastly, an official stamp is compulsory when performing IPENs

Connecticut

Connecticut has yet to pass a law concerning IPENs. We will revise this page as soon as we come upon more information.

Delaware

To conduct IPENs in Delaware, a Notary requires an Electronic Notary Public commission. However, to the best of our present information, Delaware presently is not taking on any Electronic Notary Commission requests. We will update this page as soon as we have more details.

District of Columbia

To become certified to perform In-Person Remote Notarization, Notaries must complete a training course approved by the Mayor, swear the designated oath for civil officers, and select their tamper-evident technology provider. They also must submit an example of their electronic signature and official seal. The District is not processing applications for IPENs currently.

Florida

Florida Notaries with a valid commission may conduct IPEN.

The Notary must have a unique electronic signature that only they can use, which is verifiable, kept solely by the Notary. It must be linked to the document in a manner that renders any changes to it obvious and it must connect the signature to the Notary on the commission.

A public key certificate or an Electronic Notary System may be used to apply or affix the electronic signature or seal.

Georgia

Georgia has yet to introduce laws regarding IPENs. We will update this page as soon as we come upon updated information.

Hawaii

Notaries with a valid commission must inform the Attorney General of their intention to perform In-Person Electronic Notarization (IPEN) and specify which tamper-evident technology they are using. They must also use an electronic stamp linked to or connected to the certificate of notarial act for the IPEN.

Idaho

Notaries who intend to perform IPEN in Idaho must fill out an “Authorization for Electronic Notarization” form on the Secretary of State’s SoSbiz platform, specifying the tamper-evident technology that will be used. This technology has to comply with the X.509 standard adopted by the International Telecommunication Union or a comparable industry-standard system.

In order to link their electronic signature and official stamp to an electronic record relevant to a notarial act, the Notary has to use or attach a digital certificate.

Illinois

In Illinois, legislation has been passed that requires Notaries to obtain an electronic Notary Public commission before performing any IPEN. However, the effective date for this law is still pending and waiting on regulations to be issued by the Secretary of State; The most recent we are hearing for this on RON is Summer of 2023. We suspect a similar timeframe for IPEN.

Indiana

In Indiana, any Notary Public with a valid commission may perform IPEN. It is required that they utilize a digital certificate to make electronically notarized records tamper-evident proof and use an electronic seal when doing IPEN in Indiana.

Iowa

In Iowa, Notaries who wish to perform IPENs must inform the Secretary of State of their intention to start performing In-Person Electron Notarization and they must inform them of which tamper-evident technology they plan to use.

Kansas

Kansas requires that Notaries complete a

• State-approved training course
• Pass an exam,
• Use a tamper-evident technology solution approved by the Secretary of State
• Submit a Notary Public Change of Status form (Form NC) notifying the Secretary of State that they will be performing IPEN

If already commissioned, there is a $20 information and services fee applicable. If applying for a commission and wishing to perform IPENs, individuals may submit a Notary Public Appointment Form (Form NO) instead. This carries with it a fee of $45 for commission and IPEN.

Kentucky

For those who wish to perform IPENs in Kentucky, the necessary step is to register online with the Secretary of State and choose one or more tamper-evident technologies. This technology needs to use a digital certificate which is compliant with the X.509 standard adopted by the International Telecommunication Union or any other similar industry-standard technology.

In addition, using an electronic official stamp is not mandatory, but if you opt for it, it must be unique and used for all types of IPENs. If no official stamp is used, then make sure that the certificate of notarial act contains:

• Your name as per your commission
• Title “Notary Public”
• Your commission number and expiration date

Finally, attaching or logically associating your electronic signature and official stamp (if applicable) to an electronic record requires a digital certificate.

Louisiana

In Louisiana, there is no existing legislation to regulate IPEN. We will update this as soon as new information comes.

Maine

In Maine, the same holds true as above; no current legislation has been put in place regarding IPEN. This will be updated as information becomes more available.

Maryland

Notaries wishing to perform electronic notarizations must give notice of such to the Secretary of State and provide an identification of the tamper-evident technology provider they have selected.

These Notaries are required to use a digital certificate conforming to the X.509 standard as implemented by the International Telecommunication Union or an equivalent industry-standard technology in order to securely attach or connect their official stamp and electronic signature to each digital record.

Massachusetts

In Massachusetts, there is no specific legislation in place to manage or regulate In-Person Electronic Notarization. We will update any new enactments.

Michigan

Those who currently hold a Notary commission or are applying for one may potentially qualify for IPEN by choosing an electronic notarization platform from the state’s approved vendor list,

You will be required to fill out the filling out the Request for Duplicate/Notice of Change form (Only for those with active commissions) or the Notary Application and Instructions form (for initial applicants or those renewing their commission)

You also must provide the required information about your chosen provider. Once this information is approved and on file at the Department of State, Notaries can start performing In-Person Electronic Notarization.

Minnesota

Notaries can apply to perform IPEN if they have a valid Notary commission in the state of Minnesota. They will need to choose a tamper-evident technology for carrying out these acts, and inform the Minnesota Secretary of State.

Notaries will use of an electronic official stamp during IPENs or, as an alternative, sign and date a Certification of Notarial Act with their title and commission expiration on record. This certificate must also specify the jurisdiction in which the notarial act is conducted.

Mississippi

Notaries must have an active and unrestricted Notary Public commission to perform In-Person Electronic Notarization. You will also need to submit the corresponding registration form to the Mississippi Secretary of State.

Notaries will need to receive proof of validation from them, and select an electronic notarization system that meets all necessary state requirements.

This system should enable the Notary to affix their electronic Notary seal as well as use a public key certificate (PKI digital certificate).

Missouri

To be able to perform IPEN, Missouri Notaries must hold a valid Notary Public commission.

Missouri Notaries are required to attend a training course and pass an exam. They also must fill out and send an electronic registration form to the Secretary of State.

Missouri Notaries will be required to use an electronic signature and electronic seal that are registered with the Secretary and associated with the Notary. The notary must have sole control of these signatures and seals.

Montana

Notaries who have valid commissions that are interested in performing IPEN must pick one or more of Montana’s approved electronic notarization systems.

Notaries also must finish an accepted course offered by the system or a third-party provider. They also must pass an exam and submit the Notary Public Information Update form to inform the Secretary of State of their intention to begin doing In-Person Electronic Notarization. When performing IPEN, they must use an electronic official stamp.

Nebraska

To become a Notary capable of performing IPEN in Nebraska you must enroll in an accredited course, pass the requisite exam, and pay the registration fee of $100. You also must submit the filled Electronic Notary Public Registration form to the Secretary of State. Alongside this, there are other requirements including having an electronic signature and seal which must be verifiable and unique to you, completely under your control, only accessible and attributable to you during the notarization period and linkable to or logically associated with a document in a manner that shows any alterations made to it as obvious.

Your electronic signature has to contain an image of your handwritten signature whereas the electronic seal needs to include:

• Your name as it appears on your commission
• “Electronic Notary Public”
• “Nebraska”
• Expiration date of your commission

You should use of an approved solution provider for conducting IPENs – a list of approved providers is available on the Nebraska Secretary’s website. Lastly, remember to keep a journal for all IPEN that you perform.

Nevada

Notaries that wish to do IPEN must have a current commission as a traditional Notary Public, or apply for one at the same time. They’ll also need to:

• take a training course
• pass an exam
• pick an approved technology provider
• submit an electronic registration form with the $50 registration fee and proof of course completion

Nevada also requires that you submit your electronic seal and signature exemplar supplied by their technology provider to [email protected].

New Hampshire

Notaries that are interested in carrying out IPEN are required to have an existing commission as a traditional Notary Public. They also must choose a tamper-proof tech provider and obtain a digital certificate. Notaries in New Hampshire must inform the Secretary of State of their intention to notarize electronic documents by filling out the Electronic/Remote Notarization Notification Form. Notaries also must obtain an X.509 digital certificate and share it along with the name of the tamper-evident technology provider they choose.

New Jersey

Notaries who wish to do IPENs must inform the State Treasurer of what tamper-proof tech they plan on using for notarizing electronic records. They must also obtain electronic signature and stamp before performing any notarial acts. The Notary’s digital signature and seal should be exclusive to them and verifiable independently. It also must be securely attached or logically connected with the digital notarial certificate so that any changes made are obvious. The notary should maintain sole control of these tools.

New Mexico

Like most states, New Mexico Notaries must inform their Secretary of State that they will be doing notarial acts via electronic notarization. They are required to specify which tamper-proof tech they plan on using. At present, the New Mexico Secretary of State does not have any information or procedures on its website for making this notification. The Notary must use an electronic signature and seal that has been given to the Secretary of State beforehand.

New York

New York Notaries are able to notarize electronic documents  in accordance with New York State laws, regulations and rules as well as PRIA Notary Version 2.4.1 October 2007 standards. New York State Notary Law has changed as recently as January 2023.

North Carolina

In order to perform IPENs, Notaries must:

1. Acquire or have a Notary commission
2. Take a 3-hour approved course and pass the exam
3. Fill out the registration form online
4. Print the registration form and get it notarized
5. Submit the now notarized form and the $50 registration fee to the North Carolina Secretary of State Department
6. Receive your Electronic Notary Oath Notification Letter
7. Get sworn in at their county Register of Deeds within 45 days to receive an Electronic Notary Certificate
8. Present their certificate to an Approved Electronic Notary Solution Provider and obtain an Electronic Notary signature and seal from the provider.

North Dakota

To perform IPEN in North Dakota, Notaries must notify the Secretary of State and specify the tamper-resistant technology they mean to use.

An electronic official stamp may be utilized. If the Notary does not utilize an electronic official stamp, the Notary must manually sign and date each notarial certificate for an IPEN, as well as identify their jurisdiction where the notarial act takes place, and include their title and expiration date for their commission.

Ohio

At present, all active Ohio notaries are authorized to perform IPEN.

Ohio also doesn’t have specific legislation to regulate IPENs. This page will be updated as information becomes available.

Oklahoma

Notaries with an active commission can perform IPEN, provided they use an electronic Notary seal that reproduces the necessary elements from a traditional seal accurately. Notaries must abide by all applicable laws pertaining to normal paper notarization that is done in the physical presence of a Notary.

Oregon

Notaries who want to perform IPEN are required to complete an Electronic Notarization Notice form

This will include a sample of your official stamp, electronic signature and electronic notarial certificate (Digital Certificate) in general sample form. You must email the form and attach the document with the subject line “Electronic Notarization Notice” to [email protected].

Notaries can use an electronic official stamp when performing In-Person Electronic Notarization. If they don’t choose to use one, then each must notarial certificate for an IPEN that they complete must contain:

• Signature and date affixed by the Notary
• The jurisdiction in which the notarial act is performed
• Notary’s title
• Name of the person for whom the notarial act is performed
• Notary’s commission expiration date

Pennsylvania

Want to perform IPEN in Pennsylvania? As a Notary, you must apply for commission through the Department of State and submit their Electronic Notary Public Application. If approved, you’ll get access to an approved list of eNotary technology vendors – the Department will send your electronic authorization to the vendor of your choice.

With the help of your platform, you’ll be able to set up your electronic signature in a manner that ties it directly to your commission and uses an electronic official stamp. In every notarization certificate for an IPEN, you need to add your signature, date, jurisdiction in which the act is being performed as well as your title & commission expiration date.

Rhode Island

If you’re looking to perform IPEN in Rhode Island, then you must already have a commission as a Notary Public or apply for one. You’ll need to select a technology solution approved by the state, fill in the corresponding application / update form and provide your electronic signature & seal to the Rhode Island Department of State.

The New Notary Application and the Renewal Application can be found on the Rhode Island Department of State website.

Once approved, they’ll send you an email confirmation – this then allows you to create your unique & independently verifiable electronic signature & seal that’s under your sole control and associated with the record in a secure manner. Your platform should provide some assistance with this.

South Carolina

In South Carolina, IPEN is now regulated by law and the State is working to implement its related rules. We’ll update as soon as we have more information. As a Notary, it’s important that you keep a secure electronic journal for all your In-Person Electronic Notarization.

South Dakota

South Dakota has yet to create specific laws for regulating IPEN, but we’ll update this page with new information as we learn more.

Tennessee

Tennessee hasn’t made any specific laws for regulating IPEN, but we’ll keep this page up-to-date once more information is available.

Texas

In Texas, only notaries commissioned by the Texas Secretary of State have authorization to perform In-Person Electronic Notarization (IPEN) in Texas.

These notaries must meet certain requirements to obtain their commission, including being a legal resident in the state, completing training and passing an exam to maintain good standing as a notary public.

Notaries have to use an electronic seal that accurately reproduces the necessary components of your traditional seal. Even in a digital environment, the notarization process must remain secure and legally compliant with state laws and regulations. That said it’s a valuable tool for efficiency. Use IPEN in Texas and make your life easier!

Utah

All Notaries with an active commission in Utah can perform IPEN. To complete notarizations on electronic documents, an electronic seal is not required (although recommended). If they don’t include their seal, notaries must have:

• the imprint of the signature
• name and commission number
• It should state “Notary Public,””State of Utah”
• the expiration date of their commission

Vermont

Vermont is in the process of regulating In-Person Electronic Notarization through legislation, although the Secretary of State has yet to adopt rules that will enable their implementation. We’ll keep this page updated as we find out more.

Virginia

In order to perform IPEN in Virginia, an existing Virginia Notary commission is a must. Start by completing the Virginia eNotary Application and paying the fee of $45 online. Make sure to include an electronic signature when signing the application – if it’s accepted, you’ll receive an email confirmation. If not, reasons will be included in the reply from the Secretary of the Commonwealth. Don’t forget to use both an electronic seal and journal when performing In-Person Electronic Notarization!

Washington

To perform IPENs, Notaries must first apply for an Electronic Records Notary Public endorsement. This can be done at any time during the commission term, by submitting a fee of $15, or when applying for a commission – costing $45 in total. Additionally, the name of the selected tamper-evident technology must be provided to the Washington DOL within 30 days of receiving said endorsement. Lastly, it’s essential to make use of an electronic official stamp when performing IPENs.

West Virginia

Before becoming an Electronic Records Notary Public and performing IPEN transactions, West Virginia notaries must have an existing commission as a traditional Notary Public or be applying for one. You must also select a tamper-evident technology provider that meet the requirements under West Virginia law and complete the e-Notarization Authorization through the Enterprise Registration & Licensing System. Once finished, await confirmation from the Secretary of State.

When performing IPENs, you can use an electronic official stamp – though if not, each notarial certificate must contain your signature and date affixed by the Notary, jurisdiction in which it was performed, title allotted to you and expiration date of your commission. Additionally, it is required to keep an electronic journal of all IPENs carried out by you.

Wisconsin

To perform In-Person Electronic Notarization in Wisconsin, you must hold a valid Notary commission and use tamper-evident technology. You can also use an electronic official electronic stamp when performing said notarizations. If opting for the latter option, each notarial certificate for an IPEN must include your signature and date affixed by the Notary, jurisdiction it was conducted in, title assigned to you and expiration date of your commission.

Wyoming

Before performing IPEN in Wyoming, you are required to notify the Secretary of State. To ensure that all information is accurate, it is also important that one uses an electronic official stamp – such as an electronic image – in the same format, color, content and approximate size as the tangible official stamp.

It needs to be able to be copied alongside the record it is attached with or logically associated with.

General Questions About IPEN State

1. What are the consequences of not complying with state-specific IPEN requirements?

The legal repercussions of not adhering to state-specific IPEN (Electronic Notarization) requirements can be significant. Failure to comply could compromise the validity of notarized documents, leading to potential legal challenges. Notaries may face disciplinary actions such as fines, suspension, or revocation of their commission. Signers may encounter disputes over agreement enforceability, necessitating re-notarization and potentially incurring legal costs. Penalties and processes vary by state, emphasizing the importance of understanding and following IPEN regulations.

2. How does the cost of IPEN compare to traditional notarization methods?

The cost comparison between IPEN and traditional notarization methods varies based on factors like technology platforms, digital certificate needs, and electronic seal requirements. While IPEN may involve setup and ongoing platform service costs, it offers potential savings through reduced paper, postage, and travel expenses, along with increased document processing efficiency. The cost-effectiveness of IPEN versus traditional methods depends on notarization volume and specific business or legal practice needs.

3. What are the steps and requirements for resolving disputes or errors in electronic notarizations?

Resolving disputes or errors in electronic notarizations involves understanding the digital trail left by IPEN transactions. States typically mandate electronic journals that log every notarization, enhancing document integrity with digital certificates and tamper-evident technologies. In case of disputes or errors, this digital trail facilitates error identification and rectification while maintaining document authenticity. Corrective measures may include re-notarization or issuing new documents, contingent on the error nature and party agreement. Technical support from technology providers and legal advice may aid in navigating these challenges effectively.