Articles on: For Notaries

Verbal Consent for Recording During Virtual Notarization: Why It's Necessary and How to Obtain It

Verbal Consent

As a notary public, you are likely aware of the growing popularity of virtual notarization, which allows you to notarize documents online from anywhere in the world. However, with the convenience of virtual notarization comes the need for added security measures, such as obtaining verbal consent from signers before recording the notarization.

Verbal consent is particularly important in states with** two-party consent laws**, which require all parties being recorded to give their consent. Since you have the ability to service so many states, it would be unrealistic for you to ask which state they are in and then to know if it is a one party or two party consent state . As a notary, it's essential that you obtain this consent to avoid any potential legal issues that may arise from not following these laws.

The process for obtaining verbal consent is simple. Before beginning the notarization, you should inform the signer(s) that the notarization will be recorded and ask for their consent to do so. They can give their consent by simply saying "yes" or "I consent to being recorded."

In conclusion, obtaining verbal consent from signers is an essential step in the virtual notarization process, especially because there are so many states with two-party consent laws. As a notary, it's your responsibility to ensure that you obtain this consent before beginning the notarization to remain compliant with all relevant laws and regulations. By taking this simple step, you can provide a secure and reliable notarization service to your clients.

Updated on: 12/05/2023

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