Bulletin: MN2018002

Dear Associates:

In 2018, the Minnesota Legislature enacted portions of the Revised Uniform Law on Notarial Acts, also known as (RULONA). Effective as of January 1, 2019, remote online notarization will be allowed in Minnesota. Under the statute, a remote online notarial act can be performed by means of “communication technology”:

            [a]n electronic device or process that allows a notary public physically located in this state and a remotely located individual to communicate with each other simultaneously by sight and sound . . .

A remote online notary public physically located in Minnesota may perform an online notarial act for a person physically located in Minnesota, other states or even other countries (with certain restrictions). 

Remote online notarization (signer and notary are not in the physical presence of each other) is a different concept than electronic notarization (electronic signature and electronic notary seal but parties are in the physical presence of each other). 

Remote online notarization is another notary tool that will be available. A “traditional” paper notary (and an electronic notary) will also continue to be available as options. The Secretary of State requires a separate registration for a remote online notary but it will be available to a notary public already commissioned in Minnesota.

In order to complete a remote notarial act, there are certain minimum standards for communication technology, credential analysis, identity proofing and maintenance of an electronic journal. A software platform or service provider with the right technology will be needed to facilitate a remote online notarial act.  The certificate for a remote notarial act is required to indicate that a person appeared before the notary by means of communication technology. 

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

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