Berks County Bar Association The Berks Barrister Fall 2020 - 17

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complete the document. Maybe pointing a gun at their head?

FACT: This would violate the integrity of the notarial act, which
is based on an individual completing documents under their own
free will. Unfortunately, coercion isn't limited to someone on the
other side of a screen. No notary, remote or otherwise, has the
power to detect duress, especially duress which occurs subtly and
over time - such as family pressure - or duress which occurs away
from the signing table, such as financial pressure or threats. This
concern is real even if the notarization occurs in person.

Remote Online Notarization platforms record the entire
notarial act. If duress or intimidation does play a role in a signer's
motivation, the best chance to prove that is by reviewing the
session and looking for those subtle cues. That opportunity doesn't
exist after the fact in a traditional notarization - it'd be on the
notary to catch those signs in real-time and they are not recorded.
MYTH: Remote Online Notarization makes things hard for
the police

FACT: Every transaction is recorded and securely stored, and
once the notary completes each document in a transaction,
the document is tamper-sealed and cannot be altered. All
documents are available immediately after the session and are
readily accessible when needed. If there was ever any doubt about
authenticity or validity of the transaction - on either the side of
the signer or the notary - RON platforms allow you to review the
tapes and the documents.

Commercial, Industrial, Residential

Legal Descriptions

Subdivision & Land Development

Expert Testimony

Site Analysis & Land Use Planning

Estate Planning

Boundary Disputes & Zoning Testimony

ALTA Surveys

Typically, a document notarized in-person is one of a kind
- there are no duplicates - meaning notaries cannot turn the
primary document over to law enforcement. The best they can
provide is information from their journals. Additionally, paper
notarizations are a security concern. If left unattended - even
accidentally - there's a world of problems that could arise. A
document could be doctored or your personal information could
be stolen.

1991-2021

MYTH: Any Notary can do Remote Online Notarizations

FACT: An in-person notary cannot simply open a video chat
platform like FaceTime, Zoom or Skype, and conduct online
notarizations. There is a process that notaries go through to earn
their commission - either a standard, in-person commission or
an online commission. Likewise, there are a number of security
and recordkeeping standards that Remote Online Notaries must
follow including using the proper approved vendors (DocVerify,
SafeDocs, Pavaso, SimplySecureSign or Nexsys Clear Sign).

In closing, even before the coronavirus pandemic, we witnessed
other institutions shed their 18th Century ways in favor of simpler
and more convenient practices. Just look at the electronic filing
system in our courts. As notarial acts continue down the path
of digital migration and modernization, debunking the myths
that prevent progress will be critical. Accurate information about
remote online notarization improves consumer education, aids in
preventing fraud, and helps enhance the notarial act to meet the
needs of notaries and signers.
Mr. Rick is managing partner of Rick Stock Law, which has
offices in Reading and Pottstown.

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Berks County Bar Association The Berks Barrister Fall 2020

Table of Contents for the Digital Edition of Berks County Bar Association The Berks Barrister Fall 2020

Berks County Bar Association The Berks Barrister Fall 2020 - 1
Berks County Bar Association The Berks Barrister Fall 2020 - 2
Berks County Bar Association The Berks Barrister Fall 2020 - 3
Berks County Bar Association The Berks Barrister Fall 2020 - 4
Berks County Bar Association The Berks Barrister Fall 2020 - 5
Berks County Bar Association The Berks Barrister Fall 2020 - 6
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Berks County Bar Association The Berks Barrister Fall 2020 - 8
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Berks County Bar Association The Berks Barrister Fall 2020 - 32
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