Online Notary for Power of Attorney in UK, USA and Europe
The digital transformation of legal services has ushered in the era of online notarisation, offering individuals and businesses the convenience of executing essential documents, such as Powers of Attorney (POA), without the need for physical presence. This article delves into the intricacies of online notarisation for POAs across the UK, Europe, and the USA, providing detailed insights into legal frameworks, processes, benefits, and considerations.
What is a Power of Attorney (POA)?
A Power of Attorney is a legal instrument that authorises one person (the agent or attorney-in-fact) to act on behalf of another (the principal) in legal or financial matters. POAs can be general, granting broad powers, or specific, limiting the agent’s authority to particular tasks or decisions. The necessity for notarisation of a POA arises to authenticate the document, ensuring its legitimacy and acceptance by relevant authorities and institutions.
What is Online Notarisation?
Online notarisation, also known as remote online notarisation (RON), allows a commissioned notary public to notarise documents electronically via audio-visual communication tools. This process eliminates geographical barriers, enabling principals and agents to execute POAs from different locations securely and efficiently.
Legal Frameworks and Acceptance of online notarisation in UK, USA and Europe
Online Notarisation in the United Kingdom
In the UK, electronic signatures are legally recognised under the Electronic Communications Act 2000 and the eIDAS Regulation (EU) No 910/2014, which has been incorporated into UK law. The Law Commission has confirmed that electronic signatures can be used to execute documents, including where there is a statutory requirement for a signature, making them a viable alternative to handwritten ones.
However, while electronic signatures are recognised, the practice of remote online notarisation is still developing. The Faculty Office has issued guidance on remote notarisation, outlining the conditions under which it may be performed.
It’s crucial to consult with the receiving party or legal advisor to ensure the electronically notarised POA meets specific requirements, especially for international use.
Online Notarisation in the European Union
The European Union’s eIDAS Regulation (EU) No 910/2014 establishes a framework for electronic identification and trust services, including electronic signatures and notarisations.
Advanced Electronic Signatures (AES) and Qualified Electronic Signatures (QES) are recognised across EU member states, facilitating the cross-border acceptance of electronically notarised documents.
However, individual countries may have specific requirements or limitations, so it’s advisable to consult local legal experts when executing a POA intended for use in a particular EU country.
Online Notarisation in the United States of America
In the USA, the acceptance and legality of online notarisation vary by state. As of 2025, over 30 states have enacted laws permitting RON, with specific regulations governing the process. For instance, Virginia was the first state to authorise RON in 2011, setting a precedent for others to follow. It’s essential to verify the specific requirements of the state where the POA will be used, as acceptance of electronically notarised documents can differ.
How to notarise a Power of Attorney online?
While the exact process may vary depending on the jurisdiction and the platform used, the general steps for online notarisation of a POA include:
- Document Preparation: The principal prepares the POA document, ensuring it complies with the legal requirements of the jurisdiction where it will be used.
- Selection of an Online Notary Service: Choose a reputable online notary service authorised to perform RON in the relevant jurisdiction.
- Identity Verification: The principal undergoes a secure identity verification process, which may include presenting government-issued identification and answering knowledge-based authentication questions.
- Virtual Meeting: A live video session is conducted between the principal and the notary, during which the notary verifies the principal’s identity and witnesses the electronic signing of the POA.
- Electronic Notarisation: The notary applies an electronic notarial seal and signature to the document, completing the notarisation process.
- Document Delivery: The electronically notarised POA is delivered to the principal, typically via secure email or a downloadable link from the online notary service provider.
Benefits of notarising your POA online
- Convenience: Allows parties to execute POAs without the need for physical presence, saving time and travel expenses.
- Efficiency: Streamlines the notarisation process, often reducing the time required to complete and authenticate documents.
- Accessibility: Provides access to notary services regardless of location, which is particularly beneficial for individuals in remote areas or those with mobility challenges.
Considerations and Challenges of online notarisation of POAs
- Legal Acceptance: Ensure that the electronically notarised POA is accepted in the jurisdiction where it will be used. Some countries or institutions may still require traditional notarisation methods.
- Technological Requirements: Both the principal and notary need access to reliable internet connections and compatible devices to conduct the online notarisation process.
- Security and Privacy: Utilise platforms that offer robust security measures to protect sensitive information during the notarisation process.
Recent Developments and Statistics about online notarisation
The adoption of online notarisation has been on the rise globally. In the UK, the Law Commission confirmed the validity of electronic signatures in 2019, providing clarity and encouraging the uptake of digital processes.
In the USA, the COVID-19 pandemic accelerated the adoption of RON, with several states enacting emergency measures to permit online notarisation. This shift has led to a significant increase in the use of online notary services, with platforms facilitating thousands of remote notarizations daily.
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