Can you perform remote notarizations for the circulator’s affidavits required for initiatives and candidate petitions?

 No, notary law expressly excludes remote notarization of any “record relating to the electoral process.” This includes notarization of circulator affidavits required for initiatives and candidate petitions.

Can you perform remote notarizations of wills?

 There are special restrictions for such notarizations. A notary may not notarize a will or codicil or any acknowledgment required under sections 15-11-502 or 15-11-504, C.R.S., except as specifically provided in the Colorado Uniform Electronic Wills Act (HB 21-1004, effective January 21, 2021), codified at sections 15-12-1501 to 15-12-1511, C.R.S.

What if the remotely located individual does not want to be recorded?

A notary cannot perform a remote notarization if the remotely located individual does not want or agree to be recorded.

Before actually recording the notarization, the notary public must first:

Tell the remotely located individual that the notarization will be recorded and the details of its storage including where and for how long it will be stored; and

Obtain the remotely located individual’s express consent (verbal agreement) to both the recording and storage of the recording.

Can you perform a remote notarization for someone if I am physically located outside Colorado?

No, I cannot perform a remote notarization for someone if you (the notary public) are physically located outside the state of Colorado.

Can you perform a remote notarization for someone who is physically located outside Colorado?

Yes, I can perform a remote notarization for a remotely located individual who is physically outside the state of Colorado as long as I am located within the borders of Colorado.

How does this work?

The notary public will receive your document and upload it to the signing platform.

You will then receive a link to verify your identification. Follow the link to upload the images of your state ID and answer security questions. 

Once your identity is verified, you will receive a link to follow to meet your notary via webcam and electronically sign your document. 

The entire session will be recorded and saved as you and the notary public sign together. 

When your session is complete, you will instantly receive an e-mail containing the notarized document set.

There are two of us that need to sign. Can we sign together?

if multiple people are signing remotely, you must have a separate e-mail and device for each signer. Couples, including married couples, cannot share a webcam nor microphone.

Each signer must have an individual computer or device, working audio, a microphone, and webcam. The browser on your device is important. Chrome, Firefox, and Safari will work. Linux, Internet Explorer, or Opera will not work. Chrome works best!

What do I need to download?

You will not need to download anything. Just make sure you have a webcam, microphone, and the latest operating system updated on your computer. Run Chrome, Safari, or Firefox. Others will not work. The web browser Chrome works best.

How will you verify my identity?

Knowledge Based Authentication (KSA) is used for identification confirmation. This is a state requirement because the notary cannot hold, bend, and inspect a physical copy of the signer’s identification. You have probably encountered KSA before. KSA requires that five security questions can be generated based on history found using social security number, credit report, and state-issued ID.

For example, you may be asked past addresses or the amount of your car payment. A minimum of five questions must be generated. Generally, five years of credit history are required to meet this threshold. If your credit reports are frozen or locked for any reason, KSA will not function. Four out of five questions must be answered correctly within two minutes. Two attempts can be made within 24 hours.

For KSA to work, you must:

-be a U.S. Citizen

-have a social security number

-have a U.S. mobile phone number

-have an e-mail that is NOT a Yahoo or Hotmail address

-hold a driver’s license or other state-issued ID (Passport will NOT work)

PHOTO ID

You must take a photo of your ID during the process. It must be straight on, not an angle. No flash, in good lighting, and the photo must be clear.

What happens after I pass ID verification?

Our online notarization appointment can move forward. You will receive a link in your e-mail to follow at your appointment time. During your session, we will each turn on our microphones and webcams to see and speak with each other over the signing platform. The notary will ask to view your ID, ask you to state your name, and ask you a few questions to determine that you are able and willing to sign your document.

Your online notary will then apply her digital certificate signature and electronic stamp to complete your notarization. The webcam connection ends immediately once the notarization is complete. You instantly receive an e-mail with the completed document.