RON session recording requirements
The recording is the only witness to a remote act that cannot forget. What it has to capture, what it must never capture, and who may watch it later are set by a handful of rules, read here from Florida, Texas, Washington, Missouri and Colorado and linked to each. The retention periods and journals are under journals, records and e-seals.
Sources read
Fig. 1What the recording must show
Most rules say a session is recorded and stop there. Florida's says what the recording has to contain, and it reads like a running order for the session, so it is the best checklist even if you notarize elsewhere. In the order a session runs:
- 01
Opening recital
At the start of the recording, the online notary recites enough information to identify the notarial act.
- 02
Appearance
Appearance by the principal and any witness before the online notary public.
- 03
Identity
Confirmation of the identity of the principal and any witness.
- 04
The records
A general description or identification of the records to be signed.
- 05
Declaration
A declaration by the principal that his or her signature on the record is knowingly and voluntarily made.
- 06
Everything said and done
All of the actions and spoken words of the principal, notary public, and any required witness through the whole session, the signing included.
From § 117.245(2), Fla. Stat., read .
“All of the actions and spoken words of the principal, notary public, and any required witness”
Missouri puts the same idea as a test the platform must pass: a live audio-video session joined to the electronic document, clear enough that every participant can be seen and heard throughout. Colorado adds what to do when that fails: stop and restart the remote notarization from the beginning if either party leaves the system, the audio or video drops, or the transmission becomes too poor to complete the act. A recording with a gap in the middle is not a recording of the act.
Fig. 2What must stay out of it
The recording proves the act, not the signer's private data. Three things are kept out, and the rules say so in plain terms:
Texas adds that the recording need not include a copy of the documents. So the quiz sits outside what is kept, and how a platform manages that hand-off is worth asking before you use it; the identity proofing guide covers what the notary still sees and decides, and the Texas platform comparison lists what each platform says it does.
Fig. 3The backup, and who may get a copy
Most states on file ask for a backup in one form or another; Texas and Washington spell it out most fully. Texas: keep “the original recording and a back-up” for the period, under your exclusive control. Washington: keep it behind a password or other secure authentication, in an industry-standard file format, with a backup secure from unauthorized use; a repository or an employer that stores it for you does not take the duty off you (WAC 308-30-330). The periods themselves are in recording retention by state.
| State | Who may get a copy, and on what terms |
|---|---|
| TX | The records of a notarization, the recording included, are public information; be ready to provide copies on request and payment of the copy fee. ID images and biometric data are released only with the person's consent, a court order or at the Secretary of State's request. |
| FL | The RON service provider keeps the copy and may charge up to $20 for access, free to the parties, a title or settlement agent, the Department and the notary within the retention period. |
| WA | When your commission ends, you or your representative give the Department of Licensing access instructions for your recordings. |
Texas: Texas SOS, Record-keeping for online notaries, read .
Questions notaries ask
Does the recording have to include the documents?
Texas says it need not include a copy of the documents, and Washington's rule keeps images of the notarized record out of it. Florida asks for a general description or identification of the records to be signed, said on the recording.
Should the knowledge-based quiz be on the recording?
No. Texas treats the questions and answers as confidential and says they should not be recorded; Missouri keeps the quiz out of the recording; Washington bars the notary from seeing or recording them.
What if the video drops halfway through?
Colorado's rule says to stop and restart the notarization from the beginning if either party leaves, the audio or video drops, or the connection becomes too poor to finish. It is a sound habit in any state.
Can anyone ask for a copy of my recording?
In Texas the records, the recording included, are public information, kept for 5 years, and copies are provided on request and payment; ID images and biometric data need the person's consent, a court order or the Secretary of State's request. Check your state's rule for who may ask.
Related
- RON recording retention by stateHow long each state makes you keep the session recording, who may hold it, and what happens when you leave a platform.
- RON recording retention date calculatorSession date and state in, the earliest date the recording and journal may go out.
- Identity proofing in RON: credential analysis and KBAWhat the two checks are, what states require of each, and what the notary still decides.
- RON platforms for Florida notariesWhat Florida asks of an online notary's RON service provider, and which platforms say they meet it.