Remote Online Notaries Professional Liability Insurance in Pennsylvania

Remote Online Notaries in Pennsylvania at a glance

Governing Statute

57 Pa. C.S. § 306.1 (Act 97 of 2020)

Codified remote online notarization as a permanent practice in Pennsylvania.

Identity Verification

Credential Analysis & KBA

Requires two-factor identity proofing for signers not personally known to the notary.

Recording Retention

10-Year Requirement

Notaries must ensure the secure storage of audio-visual files for a full decade.

Technology Requirement

Department-Approved Platforms

Notaries must notify the state which specific technology provider they are utilizing.

Pennsylvania's Legal Framework for Remote Notarization

The transition to permanent Remote Online Notarization in Pennsylvania was finalized with the passage of Act 97 in October 2020. This legislation permanently integrated section 306.1 into the Revised Uniform Law on Notarial Acts (RULONA), providing clear statutory authority for notaries to perform remote acts using audio-visual technology. This shift allows Pennsylvania notaries to serve clients across the globe, provided the notary is physically located within the Commonwealth during the performance of the act.

Notaries wishing to offer RON services must first be commissioned as traditional notaries and then notify the Pennsylvania Department of State of their intent to perform remote notarizations. This notification process includes identifying the specific communication technology platform the notary will use, ensuring that the software meets the state's rigorous standards for data encryption, tamper-evident sealing, and secure recording storage.

Identity Proofing and Credential Analysis Standards

One of the most critical aspects of Pennsylvania's RON law is the identity verification requirement. When a signer is not personally known to the notary, the law mandates a two-part identity proofing process. The first component is credential analysis, which utilizes automated technology to verify the authenticity of a government-issued identification credential, such as a passport or a state-issued driver's license, by checking its security features against a database of valid ID templates.

The second component is Knowledge-Based Authentication (KBA). In this step, the signer must correctly answer a series of questions drawn from their personal and financial history—such as previous addresses or car loan details—within a restricted timeframe. This dynamic verification ensures that even if someone has stolen a physical ID, they are unlikely to possess the intimate knowledge required to pass the KBA screening, thereby significantly reducing the risk of fraud in the digital space.

Audio-Visual Recording and 10-Year Retention

Pennsylvania law is particularly strict regarding the preservation of evidence for remote notarial acts. Notaries are required to create a complete audio-visual recording of the entire session, capturing the interaction between the notary and the remotely located individual. This recording must clearly show the identity verification process, the document being signed, and the verbal affirmations given by the signer, serving as the digital equivalent of an in-person appearance.

These recordings, along with the corresponding entries in a secure electronic journal, must be retained for at least 10 years. This decade-long retention period is designed to protect all parties involved in a transaction, providing a robust and accessible evidentiary record should the notarization be challenged in a future legal or real estate dispute. Notaries typically partner with secure, third-party repository services to ensure these large files remain accessible and uncorrupted over the long term.

Remote Online Notaries FAQs for Pennsylvania