Trust Notary Question

[quincy]

In some cases, the need for Notarization is not a "required by law" situation but a situation that a party or their attorney is requesting for one reason or another. In those circumstances, it doesn't necessarily matter whether or not state law allows for "remote notarization" but whether or not the requesting party considers that to be sufficient for their purpose. There are not really all that many circumstances where state law actually requires notarization of a signature. There are some, (and they vary by state) but not all that many.

The laws govern what the notaries are legally allowed to do, and what they can’t do. It really doesn’t matter what the parties want.

 

[LdiJ]

The laws govern what the notaries are legally allowed to do, and what they can’t do. It really doesn’t matter what the parties want.

The parties decide whether or not something requires notarization, (with a few exceptions) therefore the parties have some control over whether or not something that is fully disclosed is acceptable. The parties can't allow a deviation from the standards as far as establishing identity (although there is a great deal of leeway there, far more than most people realize) but unless state law specifically prohibits something, the parties wishes can factor in if they are in agreement.

As I said, in the case I handled, the attorney involved was fine with "remote notarization" and so was the judge. State law didn't address that one way or another.

 

[quincy]

The parties decide whether or not something requires notarization, (with a few exceptions) therefore the parties have some control over whether or not something that is fully disclosed is acceptable. The parties can't allow a deviation from the standards as far as establishing identity (although there is a great deal of leeway there, far more than most people realize) but unless state law specifically prohibits something, the parties wishes can factor in if they are in agreement.

As I said, in the case I handled, the attorney involved was fine with "remote notarization" and so was the judge. State law didn't address that one way or another.

If there is no reason to have signatures notarized then the parties can choose to have signatures notarized or not. A notary in Colorado, however, cannot remotely notarize signatures if they have not first been trained, passed an exam and been authorized.

 

[LdiJ]

If there is no reason to have signatures notarized then the parties can choose to have signatures notarized or not. A notary in Colorado, however, cannot remotely notarize signatures if they have not first been trained, passed an exam and been authorized.

A notary in my state, cannot notarize anything, by any method until they have been trained, passed an exam, and been authorized. I dare say that it is likely that the same or similar applies in just about all states.

 

[quincy]

A notary in my state, cannot notarize anything, by any method until they have been trained, passed an exam, and been authorized. I dare say that it is likely that the same or similar applies in just about all states.

I provided the law for Colorado. A notary cannot perform remote notarization without additional training, passing an exam and then having their application reviewed and approved. For the purposes of this thread, it doesn’t matter what Indiana allows.

 

[LdiJ]

I provided the law for Colorado. A notary cannot perform remote notarization without additional training, passing an exam and then having their application reviewed and approved. For the purposes of this thread, it doesn’t matter what Indiana allows.

The point I was trying to make is that I would be surprised if they didn't make everyone (as renewal comes up or as a new notary) take that exam.

 

[quincy]

The point I was trying to make is that I would be surprised if they didn't make everyone (as renewal comes up or as a new notary) take that exam.

There are probably some who can’t afford to or who would not qualify for remote work but, regardless, that is not how the law stands right now in Colorado (or, for that matter, in your own state).

 

[LdiJ]

There are probably some who can’t afford to or who would not qualify for remote work but, regardless, that is not how the law stands right now in Colorado (or, for that matter, in your own state).

Considering that I just took the exam myself for my renewal I think that I know how the law stands in my state.

 

[quincy]

Considering that I just took the exam myself for my renewal I think that I know how the law stands in my state.

Well … good for you. Indiana is pretty clear about the requirements necessary for remote notaries.

Once again, this thread has nothing to do with Indiana.