Information Center

RON Service Providers

1. If the signer fails the credential verification process, can they retry that same day?

Answer: Sec. 117.295(3)(a) allows for the offering of one additional attempt in the event of a failed attempt.  Since the statute does not require the offering of an additional attempt on the same day you should check with your vendor to determine their policy.


2. Can an online notary avoid the use and costs of a RON servicer vendor and notarize an instrument using FaceTime?

Answer:  No.  An online notary must identify and use a RON service provider whose audio-video communication technology and processes they will use. (Sec. 117.225(5), F.S.)


3. Can the witness and the notary be in the same location and share a screen?

Answer: The witness and notary can be on the same screen as long as the witness and principal can see and hear each other, and the witness hears the principal make a statement to the effect the principal has signed the electronic record (See 117.285(3), F.S.).


4. Does the RON service provider keep a copy of the audio-video recording so that it can be accessed in the future, if necessary?

Answer: Under the statute, the RON service provider is not required to do so. The online notary public is required to provide access to the recording to the parties; the title agent, settlement agent, or title insurer who insured the electronic record or hired the notary public; the RON service provider; the qualified custodian of an electronic will; any person asked to accept a POA notarized by the online notary; the Department of State; and any other persons pursuant to subpoena, court order, law enforcement investigation, or other lawful inspection demand (Sec. 117.255(5), F.S.).

The online notary public can delegate their responsibility by contract to a secure repository provided the Department of State is notified of the delegation within 30 days (Sec. 117.245(4), F.S.).The RON service provider you use may not necessarily be the secure repository, so you should determine their policy at the time you enter into an agreement with them.
 


5. Do you need the IDs of the witnesses to ensure they're disinterested parties?

Answer: No.  The IDs are for the purpose of verifying the identity and confirming the U.S. residency of a witness who is not physically present with the principal.  If appearing with the principal, no ID is needed; the witness need only announce his or her name and current address for purposes of the recording  (Sec. 117.285, F.S.).  Disinterest of a witness must be separately determined.


 

6. Will the RON service providers allow the closer or attorney to be part of or oversee the signing process?

Answer:  In cases where the closer or attorney is not the online notary, some RON service providers will allow the closer or attorney to attend the signing session as an observer. Check with the RON service provider to determine the level of access afforded to an  observer.


7. Are there RON service providers that provide an online notary “on demand”?

Yes. Some RON service providers will provide online notarial services on demand, thus obviating the need of the Fund member or staffer, who may be a notary, from immediately becoming an online notary.