Are Documents Notarized Online by an Arizona Commissioned Notary Valid in All 50 States?
The answer is more complex than a simple YES or NO.
RON or Remote Online Notarization is happening now and is rapidly overtaking in-person notarizations. With RON, signers, witnesses and notaries no longer are required to be in the same room - same state - or even the same country. And, as a bonus, due to interstate recognition laws, remotely notarized documents are accepted as valid in all 50 US states as well as territories.
But some attorneys and signers still have the question, will my document be accepted if we use remote online notarization. When this question was put to the Business Division Notary Office of the Arizona Secretary of State by AZ Roving Notary's general manager Suzanne Feinberg, the answer received was as follows:
" A traditional (wet-signed/in-person) document notarized by a currently commissioned and active Arizona notary is valid in All 50 states. The same is true for all Remote (or Electronic) Online Notarizations performed by a currently commissioned and active Arizona RON/EON is valid in All 50 states. However valid and accepted are two different things."
What does this mean? If a document notarization is valid, how can it not be accepted? How can you determine if your Remote Online Notarization is both valid and accepted if you have an Arizona notary perform the RON but the document is to be used in another state or even within Arizona itself.
According to Dictionary.Com:
Valid means: "legally sound, effective, or binding; having legal force. Ex: a valid contract"
Accepted means: "approved; authorized, usually regarded as normal, right, etc. Ex: an accepted theory.
A notarization performed by an Arizona RON is always valid, but what is the best action you can take to make sure your remote online notarized document will be accepted:
Three Actions to Take Before hiring the AZ Remote Online Notary:
Call the receiving PERSON, COMPANY, or AGENCY
Ask if they accept documents notarized by a commissioned Arizona Remote Online Notary
Keep a record of the person, date and time of the Answer you are given.
Here is an example of Valid vs Accepted:
You have a brokerage account that requires a Power of Attorney so that your mother may sign documents for you. Your lawyer draws up a Power of Attorney or you download a Power of Attorney from the internet. You hire a Remote Online Notary to notarize the document and then submit it to the brokerage firm. The document is a valid document - it contains all the proper verbage, the notarial certificate is correct and it was done according to state laws. However, the brokerage will not accept the power of attorney because most brokerages require a customized Power of Attorney drawn up by the brokerage's legal department. This is an example of a document that is valid, but not accepted.
Remember: This blog is for educational purposes and is not to be considered legal advice by the author of the article or AZ Roving Notary. By law, notaries are not allowed to give legal advice. Always consult an attorney for legal advice or for explanation of your documents.