Hi Everyone -
Recently a business owner reached out to me inquiring about mobile notary services. Currently we do not have any review in place for a notary service but I am curious if we should be looking at something to verify details/gain comfort. Additionally, the business owner mentioned the consideration of using a virtual notary for when clients are out of the country. I'd love to know if anyone has experience with vetting these types of service providers and what it may look like. Or if due diligence is necessary for this type of service.
DocuSign has a virtual notary feature, their site has a video that may help you understand what this might look like. Additionally, you can always check out the National Notary for background information on the overall process (because Notarizing a document virtually or in-person still requires the same basic checks). The National Notary tracks state regulations related to the process that may help answer some of your questions (at least when it comes to domestic Notarization). For international notarizations, I would review what, if anything, the National Notary has or at the very least your legal counsel as there may be additional regulations to consider that could be problematic.
Otherwise, if a business is offering you a Notary as a Service, I don't believe you need to necessarily vett the Notary or Notary process, but vett the business as you would any other business you receive a service from. This would be a Service Agreement Contract, not a "Notary Agreement Contract".
Hope this helps some!
Good Morning all! Would you agree then to put through DocuSign through the Vendor management program for vetting and oversight?
I don't understand the context of a "business owner reached out to me"....but here's how I would propose vendor management could address the issue of a mobile notary.
1) Ask: Who is control of ordering the mobile notary? Is it your company? Or a third party? (Which makes the mobile notary a fourth party. Therefore, potentially not an issue for you and your company.)
2) Where is the mobile notary going? Company offices or employee's homes (WFH scenario) to notarize company documents? To client offices or client officer homes to notarize documents? In any of these scenarios, the mobile notary is collecting PII for entities for which your company likely has a duty to protect that information? (Ex. In CA, a notary typically collects at least a name, address, driver's license number and a fingerprint.) If being summoned by a client to facilitate their own business - not to support your business (an odd but potential application), the PII issues fully shift to them.
3) PII Part II: Have to analyze all the data collection at the location level, to include any state statutes regarding notary duties to protect that data etc.,
Hopefully, that's a useful starting point.