Can you e-sign a document that needs a notary?
Yes, as long as a commissioned notary performs the notarization. Federal and state e-signature laws let a notary's electronic signature satisfy a notarization requirement, and many states now let notaries work over live video. What doesn't work is an ordinary e-signature on a document that needs a notary: the signature may be valid, but the notarization still hasn't happened.
Updated November 5, 2026 · 4 min read
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What the law allows
If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
The federal ESIGN Act says the same for transactions in or affecting interstate commerce (15 U.S.C. § 7001(g)). Read it closely and you'll see what it does and doesn't do. It lets the notary's signature and seal information be electronic. It doesn't remove the notary, and it doesn't say how the notary confirms who you are. That's left to each state's notary law.
Documents that often need a notary
- Deeds and other documents to be recorded. In Texas, for example, a deed can't be recorded unless it's acknowledged or sworn to before an officer or in front of credible subscribing witnesses (Property Code § 12.001). See property deeds.
- Powers of attorney in many states. New York's statutory form must be acknowledged and witnessed. See powers of attorney.
- Self-proving affidavits for wills, where a state uses them. See wills.
- Affidavits and other sworn statements, which are made under oath before an officer.
Notaries and witnesses aren't the same
A witness is someone who watches you sign and signs to say so. A notary is a commissioned public officer who checks your identity and records the act officially. Some documents need one, some the other, and some both: New York's statutory power of attorney needs two witnesses and an acknowledgment before a notary. Adding a witness as an extra signer in an e-signature app doesn't turn them into a notary.
Two kinds of electronic notarization
| Type | Where the signer is | What happens |
|---|---|---|
| In-person electronic notarization | In the same room as the notary | The document is electronic and both sign it on a screen; the notary attaches an electronic signature and seal |
| Remote online notarization (RON) | Anywhere the state's law allows, on a live audio-video call | The notary verifies identity under the state's standards, watches the signing and notarizes electronically |
Which of these your state allows depends on its notary statute. The Uniform Law Commission's Revised Uniform Law on Notarial Acts gives states a model for remote online notarization, but each state enacts its own version and sets its own technology standards.
How three states handle it
- Texas commissions online notaries who notarize over live audio and video under Government Code chapter 406, subchapter C, in effect since July 1, 2018. See the Texas page.
- New York lets a registered electronic notary, physically in New York, perform notarial acts over live audio-video technology that meets the Secretary of State's standards (Executive Law § 135-c). See the New York page.
- California passed its Online Notarization Act in 2023 (Government Code § 8231), but notaries can't use it until the Secretary of State finishes its technology project, which the law requires by January 1, 2030 unless it reports a delay. See the California page.
Our state law pages note each state's remote notarization status where we've checked it. Rules also differ on where the signer and the notary must be located, which documents are allowed, and how the notary checks identity.
Will the receiving office accept it?
A valid electronic notarization only helps if whoever receives the document accepts it. County recorders in states that have adopted the Uniform Real Property Electronic Recording Act can accept electronic documents, and in Texas a notary's electronic signature meets a recording law's acknowledgment requirement (Property Code § 15.004(c)). Banks, courts, foreign governments and agencies set their own rules, so ask before you book a notary.
What to do
- 1
Confirm a notary is actually required
Check the statute, the form's instructions or the receiving party. Many contracts never need one.
- 2
Check what your state allows
Find out whether your state permits remote online notarization, and for which documents.
- 3
Use a commissioned notary's platform
Book a notary authorized for RON in that state, using the platform they're approved to use.
- 4
Confirm acceptance
Ask the recorder, bank or agency whether it accepts electronically notarized documents before the session.
Where SignMaster fits
SignMaster doesn't notarize documents and doesn't provide notaries, so it can't complete a notarization, in person or remotely. If a signer prints, signs and uploads a page through SignMaster, you get a scan of their signature, not a notarized original. Where it fits is the large majority of agreements that need no notary at all: service contracts, quotes, leases, NDAs and HR forms. There, signers agree to sign electronically, sign from an email link, and everyone receives a signed PDF with a certificate of completion.
Questions? Answers.
Can a document be notarized online?
In states that allow remote online notarization, yes. A commissioned notary verifies your identity and watches you sign over a live audio-video session, then notarizes electronically.
Is an e-signature the same as notarization?
No. An e-signature shows you signed. Notarization adds a commissioned officer who confirms your identity and, for an acknowledgment, that you signed willingly. An e-signature tool doesn't do the notary's part.
Does the ESIGN Act allow electronic notarization?
It allows a notary's electronic signature, with the other required information, to satisfy a notarization requirement (15 U.S.C. § 7001(g)). Whether a notary may act remotely is a matter of state law.
Does the notary have to be in my state?
It depends on the state's law. New York, for example, requires its registered electronic notary to be physically in New York when performing a remote notarial act (Executive Law § 135-c). Check the notary statute that applies to your document.
Can I notarize a document myself with an e-signature app?
No. Only a commissioned notary can perform a notarial act, and they must follow their state's rules for electronic and remote notarization.
Sources
- Uniform Electronic Transactions Act (1999), final text (Uniform Law Commission) · uniformlaws.org
- 15 U.S.C. § 7001, ESIGN Act general rule and consumer consent (govinfo) · govinfo.gov
- Uniform Law Commission, Revised Uniform Law on Notarial Acts (2021) · uniformlaws.org
- Texas Government Code ch. 406, subch. C, online notary public · statutes.capitol.texas.gov
- N.Y. Executive Law § 135-c, electronic notarization · nysenate.gov
- Cal. Gov. Code § 8231, Online Notarization Act · leginfo.legislature.ca.gov
- Texas Property Code ch. 15, Uniform Real Property Electronic Recording Act · statutes.capitol.texas.gov
- Texas Property Code § 12.001, instruments that may be recorded · statutes.capitol.texas.gov
- N.Y. General Obligations Law § 5-1501B, executing a statutory power of attorney · nysenate.gov
General information, not legal advice. Laws change, and how they apply depends on your situation. For advice about a specific document, talk to a lawyer licensed where you are.