About the author: Guy has been a commissioned notary for more than 5 years. He also runs one of the most established Facebook groups for Remote Online Notarization with over 7000 members nationwide.
This blog post is an overview of Remote Online Notarization law and its legality in the state of Colorado.
- What is online notarization?
- Is online notarization legal in Colorado?
- How does online notarization work in Colorado?
- What do I need to notarize a document online in Colorado?
- Online notary in Colorado
What is online notarization?
Remote online notarization (RON) is a form of notarization carried out entirely online using audio-visual technology and electronic forms. This is different from traditional notarization services, where document signers appear in person before a notary to complete a signature. Online notarization allows both notaries and document signers to complete a notarization act within minutes from wherever they happen to be located.
It eliminates the inconvenience of having to coordinate a place and time to meet with a notary. It is essential to be aware that RON law varies state-by-state, with different requirements and regulations to be considered valid.
Is online notarization legal in Colorado?
Yes. Notaries who are commissioned to practice online can perform Remote Online Notarization (RON) services in Colorado.
Remote Online Notarization (RON) law recently became effective in Colorado on December 31, 2020. Senate Bill 20-096 made the practice legal after many notaries in the state had spent the preceding year providing remote online notarization services under temporary authorization, due to COVID-19.
In addition to a traditional notary commission, notaries need to pass a RON training course and exam while also applying for a separate online notary commission.
How does online notarization work in Colorado?
In order to receive online notarization services in the state of Colorado, there are certain requirements that must be met to be considered valid.
What types of notarizations are permitted online in Colorado?
Remote online notaries in Colorado are able to notarize any documents that are normally permitted under the state’s Revised Uniform Law on Notarial Acts (RULONA). These notarial acts include notarizing the following types of documents:
– Taking acknowledgments: An official acknowledgment from a signer to a notary that a document has been willingly signed.
– Witnessing signatures: A notary appears to verify the identity of a document signer and witness the signing.
– Taking verification on an oath or affirmation: A notary witnesses an oath or affirmation that the contents of the document being signed are true.
– Certifying a copy of a record: A notary certifies that a copy of a document is true and accurate.
Requirements for Remote Online Notarization (RON) in Colorado
In addition to obtaining a traditional notary commission, notaries need to take a specialized remote notarization training course. Upon finishing the course, they need to pass an exam to receive a certification of completion. Proof of this certification will be required at the time of their RON application.
To prevent fraud and ensure a notarization’s validity online, remote notaries in Colorado will need to contract with an approved RON technology provider. Before meeting with notaries using audio-visual technology, signers must go through an identity verification process. This will include passing through a knowledge-based authentication (KBA) and having their documents analyzed for fraud. The notary will then confirm the identity of the signer a third time when they meet online for the signing.
The state of Colorado requires that notaries use one of their approved platforms to perform the notarial act. Some of the companies that offer these platforms for RON services include LiveNotary, Digital Delivery, NotaryCam and Notarize.
The Secretary Of State requires that online notaries disclose to signers that the notarization act will be recorded and saved. The signers will then have to consent to both conditions. At the time of the notarial act, the notary is required to recite the following information to be recorded and saved:
– Their name.
– The date and time that the notarization is taking place.
– A description of the notarization act taking place.
– The names of the signers, as well as any witnesses.
– The method by which the notary has verified the signer’s identities.
At the time of the signing, signers must declare for the record that their signature was knowingly and voluntarily made.
What do I need to notarize a document online in Colorado?
To have a document notarized in Colorado, there are a series of steps you will have to follow to ensure the notarization is valid. You should first contact your county recorder to guarantee that they accept electronically signed and notarized documents.
Using an online notary is quicker and cheaper than using traditional notary services. It also provides a greater level of security against fraud protection. Let’s take a look at the process in more detail to better understand these benefits.
How to have documents signed and sealed online
At the time of the document signing, the signers and the notary will appear on screen together via a two-way audio-visual internet connection. The document that will be signed is also displayed on the screen for all parties to see. At this time, the signers will review the documents before applying an electronically-created signature.
Next, the notary will apply their own electronic signature, along with an electronic seal and their digital certificate. This certificate is a unique piece of code that will attach to the notarized document, verifying the notarization and providing a layer of tamper-proof security.
Colorado requirements for when appearing before an online notary
Online notarization makes it easier than ever to appear before a notary. Rather than having to schedule a place and time to meet with a traditional or mobile notary service in advance, the notary and signers can all be in different locations.
While an online notary in Colorado is required to perform their duties within the state boundaries, the signers can appear for the notarization from anywhere in the world. By allowing signers and notaries to appear via video conference for a notarization, RON makes appearing faster, safer, and easier than traditional notarization.
Remote Online Notarization (RON) helps protect your document
Remote online notarization is the most secure form of notarization. This is because with online notarization the signer’s identities are verified using a knowledge-based authentication system. On top of this, the online notarization platform will perform an in-depth analysis of the signer’s identification and documents to identify fraud.
In addition to verifying the signer’s identities, the entire notarization process will be recorded and stored. In Colorado, this record must be securely stored and accessible to all parties for a minimum of ten years. This detailed record ensures that if any disputes arise down the road, every bit of information will be available for review.
Finally, the digital seal and certificate provided by the online notary ensure that the signed document is sealed with a tamper-proof code. This code identifies and tracks any unauthorized changes made to the document so that any disputes may be easily resolved.
Online notary in Colorado
If you are looking for an online notary service in Colorado, LiveNotary can support you with a fast, secure, and 100% state-compliant solution for Remote Online Notarization that won’t break your bank.
If I notarize a document online in Colorado, will it be recognized by other states?
Yes. Online notarial acts performed in Colorado will generally be recognized by other states, including ones that have not yet adopted RON law. While the specifics may vary depending on the other state’s requirements, established precedents have set forth that notarial acts carried out within compliance with the applicable state RON law can be recognized as valid across state lines.
Do the signers have to be physically located in Colorado to receive services from a Colorado online notary?
The signers of the document do not need to be physically located within the boundaries of the state of Colorado at the time of notarization. The notary, however, must be physically located within the boundaries of Colorado.
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