Remote Online Notaries Professional Liability Insurance in Virginia

Remote Online Notaries in Virginia at a glance

Governing Statute

Va. Code § 47.1-2 et seq.

Virginia was the first state to authorize RON permanently in 2011.

Identity Verification

KBA & Credential Analysis

Signers must pass identity proofing tests before the remote act can proceed.

Recording Retention

5-Year Minimum

Virginia law requires the storage of audio-video recordings for at least five years.

Commission Type

Electronic Notary Commission

Virginia notaries must obtain a specific electronic endorsement for RON services.

Virginia Code and the Birth of RON

Virginia's Remote Online Notarization laws are found within the Virginia Notary Act, specifically codified in Title 47.1 of the Code of Virginia. By enacting this legislation in 2011, Virginia set the standard for digital trust that many other states eventually followed. The law enables a Virginia notary public to perform notarial acts for individuals who are not in their physical presence, utilizing technology that allows for simultaneous sight and sound communication between the notary and the signer.

To operate as a Remote Online Notary in Virginia, a professional must first hold a valid traditional notary commission and then apply to the Secretary of the Commonwealth for an electronic notary commission. This additional layer of authorization ensures that the notary is aware of the specific technological requirements, such as the use of tamper-evident digital signatures and the secure management of electronic seals, which are essential for maintaining the integrity of digital legal records.

Pioneering Identity Proofing via KBA

Virginia was one of the first states to implement Knowledge-Based Authentication (KBA) as a mandatory security measure for remote signings. When the signer is not personally known to the notary, they must pass a KBA test, which consists of five questions derived from their personal history and credit files. The signer must answer at least 80% of these questions correctly within a short timeframe, usually two minutes, to prove their identity in real-time.

Complementing the KBA process is credential analysis, where the notary uses software to analyze a government-issued photo ID provided by the signer. This technology inspects the ID for security features and inconsistencies that might indicate a forged or altered document. Together, these two steps provide a 'high degree of care' in identity verification, a standard explicitly required by Virginia law to prevent fraudulent transactions in the remote environment.

Journaling and Recording Retention in the Commonwealth

Virginia law requires every electronic notary to keep a secure, electronic journal of all remote notarial acts. This journal must be chronological and include the date and time of the act, the type of notarization, a description of the document, and the names of the principals involved. The journal serves as the primary logbook for the notary's digital activities and must be protected against unauthorized access to safeguard the private information of the signers.

A key component of Virginia's RON statute is the five-year retention requirement for audio-visual recordings. Every RON session must be recorded, and the notary is responsible for ensuring the recording is stored securely for at least five years from the date of the act. This recording acts as a vital insurance policy for the notary and the public, providing undeniable evidence of the signer's appearance and the notary's adherence to proper statutory procedures during the signing.

Remote Online Notaries FAQs for Virginia