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Electronic & Remote Online Notarization (RON)

A company tells its employees they may use only electronic notarization for every transaction and forbids paper-based notarization. A commissioned notary also refuses a remote act because the principal seems confused and unsure. Which answer is best?

A

Both actions are improper because the law requires every notarial act to be electronic and mandatory once requested.

B

The company policy is improper because electronic notarization may not be exclusively required, but the notary may refuse if not satisfied about competence or voluntariness.

C

The company policy is proper, but the notary must proceed once the video connection is active.

D

Both actions are proper because the law leaves all questions entirely to private agreement.

Correct Answer

B. The company policy is improper because electronic notarization may not be exclusively required, but the notary may refuse if not satisfied about competence or voluntariness.

AI Explanation

The statute protects both choice of format and notarial judgment. Executive Law §135-c(8)-(9) says no notary or business may exclusively require notarial transactions to utilize electronic notarization, and a notary may refuse if not satisfied that the principal is competent or that the signature is knowingly and voluntarily made. Importantly, these are separate rules that can be tested together in one scenario.

Electronic & Remote Online Notarization (RON) Question #445
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