What are the Minnesota laws that remote online notarization are governed under?
Minnesota has enacted specific laws and regulations governing remote online notarization (RON), ensuring that the process is secure, reliable, and legally valid. These laws outline the requirements and procedures for notaries who wish to perform remote online notarizations. Here’s an in-depth look at the Minnesota laws that govern RON:
1. Minnesota Statutes Chapter 358:
The primary legal framework for notarizations in Minnesota, including remote online notarizations, is found in Minnesota Statutes Chapter 358. This chapter outlines the general provisions for notarial acts, including the authority and responsibilities of notaries public. Key sections relevant to RON include:
- Section 358.41: Defines the terms and conditions under which notarial acts can be performed electronically.
- Section 358.42: Outlines the standards for electronic signatures and electronic records.
- Section 358.43: Details the requirements for the notarization of electronic documents.
2. Remote Online Notarization Authorization:
To perform remote online notarizations, Minnesota notaries must obtain specific authorization. This involves:
- Registration: Notaries must register with the Minnesota Secretary of State to be authorized to perform RON. This registration involves submitting an application and providing proof of commission as a traditional notary.
- Training: Completion of state-approved training on remote online notarization procedures, technology, and legal requirements is mandatory.
- Technology Requirements: Notaries must use an approved remote notarization platform that provides secure audio-visual communication, identity verification, electronic signatures, and digital notarial seals.
3. Identity Verification:
Minnesota laws require notaries to use advanced methods for verifying the identity of signers during a remote online notarization. These methods include:
- Government-Issued ID Scanning: The notary must scan and verify the authenticity of a government-issued identification document.
- Knowledge-Based Authentication (KBA): The signer must answer a series of questions based on their personal and financial history to verify their identity.
- Biometric Verification: The use of biometric data, such as facial recognition or fingerprints, may be required to confirm the signer’s identity.
4. Audio-Visual Communication:
The remote notarization must be conducted through secure audio-visual communication technology that allows the notary and the signer to see and hear each other in real-time. The technology must be capable of:
- Recording the entire notarization session
- Ensuring the security and confidentiality of the communication
- Providing a clear and continuous audio-visual connection
5. Recording and Record Keeping:
Minnesota requires detailed record keeping for remote online notarizations. Notaries must:
- Record the Session: The entire audio-visual notarization session must be recorded and securely stored. This recording serves as a verifiable audit trail and can be used as evidence if the notarization is challenged.
- Maintain an Electronic Journal: Notaries must keep an electronic journal that includes details of each notarization, such as the date, type of notarial act, and information about the signer.
6. Compliance with State Laws:
Notaries must ensure that the remote notarization process complies with all applicable Minnesota laws and regulations. This includes adhering to the standards for electronic signatures, ensuring the security and integrity of the notarization process, and maintaining accurate records.
7. Renewal and Continuing Education:
Remote online notaries in Minnesota must renew their authorization periodically. The renewal process includes submitting a renewal application, paying the renewal fee, and completing any required continuing education or training. This ensures that notaries stay informed about changes in laws and best practices.
8. Penalties and Disciplinary Actions:
Minnesota notaries who violate the laws or engage in misconduct may face penalties, including fines, suspension, or revocation of their notary commission. The Minnesota Secretary of State is responsible for investigating complaints and enforcing disciplinary actions.
In summary, remote online notarization in Minnesota is governed by comprehensive laws and regulations that ensure the security, reliability, and legality of the process. By adhering to these requirements, notaries can perform remote notarizations with confidence, providing a valuable service to individuals and businesses in need of convenient and secure notarization options.
For more information on remote online notarization services, visit our Remote Online Notary Services page.