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March 26, 2024

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1. Notarial Acts

   1. Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the notarial officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (RIGL
      42-30.1-6[a]).

   2. Satisfactory Evidence: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the notarial officer can identify the individual:
      “(1) By means of:
      “(i) A passport, driver's license, or government-issued, non-driver identification card, that is current or expired not more than three (3) years before performance of the notarial act; or
      “(ii) Another form of government identification issued to an individual, that is current or expired not more than three (3) years before performance of the notarial act, contains the signature or a photograph of the individual, and is satisfactory to the notarial officer…”
      “(2) By a verification on oath or affirmation of a credible witness personally appearing before the notarial officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license, or government issued nondriver identification card, which is current or expired not more than three (3) years before performance of the notarial act” (RIGL 42-30.1-6[b]).

   3. Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the notarial officer of the identity of the individual” (RIGL 42-30.1-6[c]).

2. In-Person Electronic Notarial Acts: “The methods for identifying document signers for an electronic notarization are the same as the methods required for a paper-based notarization (RIGL § 42-30.1-6)” (ENS, Physical Appearance Requirement, 2).

3. Remote Notarial Acts

   1. Definition: “'Identity proofing' means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (RIGL 42-30.1-2[8]).

   2. Requirement: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … [t]he notary public:
      “(i) Has personal knowledge under § 42-30.1-6(a) of the identity of the individual;
      “(ii) Has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under § 42-30.1-6(b)(2); or
      “(iii) Has obtained satisfactory evidence of the identity of the remotely located individual by using at least two (2) different types of identity proofing” (RIGL 42-30.1-12.1[b][1]).

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