Witnessing and Recording the Electronic Document

  • What if my instrument needs two witnesses? How is that handled in an online signing session?
    The online notary can serve as one of the witnesses. If another witness is needed, Florida’s statutes differentiate between a witness who is in the physical presence of the signer and a witness who is remote from the signer. In the former situation, the need only announce his or her name and current address for purposes of the recording . In the latter case, the identity of the witness must be credentialed and proven in the same manner as the signer and the remote witness must be a U.S. resident and physically located in the U.S or a territory of the U.S. at the time of signing.
  • Where’s the “original” of the signed instrument?
    The original  instrument is the electronic document protected by tamper-evident technology. It may be “papered out” and certified pursuant to Florida statutes to qualify it as a legally acceptable substitute for the original.
  • How is the electronic document recorded?
    In Florida counties where e-recording is done, the recorder’s office is specifically directed under Florida’s new laws to record an electronically signed and notarized instrument. The Fund has not heard of any problems with e-recording in this regard.
  • What if my county doesn’t accept e-recording?
    Florida’s statutes allow for “papering-out.” This is a straightforward process of printing out a hard copy of the electronically signed and notarized document and recording it with a certificate/cover page certifying that the paper copy is a true copy of the electronic document. The Fund has not heard of any problems with recording in this regard.