Is an electronic notary agreement legally binding?

Yes. Under the ESIGN Act (15 U.S.C. ch. 96) and UETA-compliant state laws an electronic notary agreement is enforceable when intent, consent, signer attribution, and reliable record retention are established. Note exceptions for wills, probate orders, and other statutorily excluded categories.

What are required identity verification methods?

States require in-person ID checks, credential analysis, KBA, or multi-factor authentication depending on whether notarization is in-person, IPEN, or RON. For RON, expect retained audio-video, robust credentialing, and multi-factor controls aligned with state notary commission rules.

How long must RON recordings be kept?

Retention periods vary by state; common practice is five to ten years. Some states mandate specific minimums and audit access. Consult the state notary commission rules for exact retention requirements and specify retention in the agreement to ensure compliance.

Can a Notary Public Agreement cover RON?

Yes. The agreement can define RON procedures, authentication methods, recording retention, and liability allocations, provided the processes comply with applicable state RON statutes and identity-proofing requirements such as KBA, credential analysis, and audio-video retention rules.

What are common errors to avoid?

Common mistakes include mismatched signer names, missing witness or notary information, unclear fee disclosures, failure to retain RON recordings or journal entries, and ambiguous authentication clauses. These errors can void notarizations or expose parties to fines and litigation.

How does this interact with tax or reporting obligations?

Notary agreements do not replace tax reporting; collect correct TINs and W-9s where applicable. Failure to obtain accurate taxpayer identification can trigger backup withholding at 24% and IRS information return penalties under IRC §6721.

Electronic Signature
Templates
Legal
Notary Public Agreement

Notary Public Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

NOTARY PUBLIC AGREEMENT

This Notary Public Agreement ("Agreement") is entered into as of Effective Date: by and between Notary Name: , Notary Address: , Commission Number: , Commission Expiration: ; and Client Name: , Client Address: .

RECITALS

WHEREAS, the Notary is a duly commissioned Notary Public authorized to perform notarial acts within the jurisdiction of the governing law specified in this Agreement and represents that the Notary holds a valid commission and any required bonds or insurance; and

WHEREAS, the Client requires notarial services from the Notary from time to time, including but not limited to acknowledgments, jurats, oaths, and attestations, and desires to engage the Notary to perform such services in accordance with applicable law; and

WHEREAS, the parties desire to set forth the terms and conditions under which the Notary will provide notarial services to the Client.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. SCOPE OF SERVICES

1.1. Services. The Notary shall perform notarial acts for the Client as requested and agreed in writing, limited to those acts authorized by the Notary's commission. Notarial acts may include acknowledgments, jurats, oaths, verifications, certified copies, and other acts permitted by law. The Notary shall exercise professional judgment and shall refuse to perform a notarial act if the Notary reasonably believes the act would violate applicable law or ethical obligations.

1.2. Remote Notarization. Remote online notarization will be provided only if and to the extent permitted by law. Remote online notarization requested: Yes

2. TERM

2.1. Term. This Agreement shall commence on the Effective Date and shall continue until terminated in accordance with Section 9.

3. FEES AND PAYMENT

Standard Fee Per Notarization Travel and Other Charges

3.1. Payment Terms. Unless otherwise agreed in writing, Client shall pay Notary's fees and any agreed expenses within thirty (30) days of invoice. Late payments shall accrue interest at the lesser of 1.5% per month or the maximum permitted by law.

4. NOTARY COMMISSION, AUTHORITY AND COMPLIANCE

4.1. Representation. The Notary represents and warrants that the Notary holds an active and valid commission to perform notarial acts, that all required bonds and qualifications have been satisfied, and that the Notary will perform services in accordance with applicable statutes, regulations and administrative rules governing notaries in the governing jurisdiction.

4.2. Refusal. The Notary may refuse to perform any notarial act if, in the Notary's reasonable judgment, the identity of the principal cannot be established, the principal is not competent, the document is incomplete, or the requested act would violate law.

5. RECORDS, JOURNAL AND CERTIFICATES

5.1. Journal. The Notary shall maintain a journal or record of all notarial acts in compliance with applicable law. Journal entries shall include the date and time of the act, the type of notarial act, the name and signature of the principal, identification produced, and any other information required by law.

5.2. Access to Records. Notary shall make journal entries and certificates available to Client only where required by law or upon a court order, or as otherwise agreed in writing. Notary may redact sensitive personal data unless disclosure is compelled by law.

6. CONFIDENTIALITY

6.1. Confidential Information. Each party acknowledges that, in the performance of this Agreement, it may receive confidential or sensitive information. The Notary shall treat all client documents and personal data as confidential and shall not disclose such information except as required by law or with the Client's prior written consent.

Additional Confidentiality Requirements (optional)

7. INDEMNIFICATION AND LIABILITY

7.1. Indemnification by Notary. The Notary shall indemnify and hold harmless the Client from and against any claims, losses or liabilities arising from the Notary's willful misconduct or gross negligence in the performance of notarial acts.

7.2. Limitation of Liability. Except for liability arising from willful misconduct or gross negligence, neither party shall be liable to the other for incidental, consequential, or punitive damages. The Notary's aggregate liability under this Agreement shall not exceed the greater of the total fees paid by the Client to the Notary during the six (6) months preceding the claim or the limits of the Notary's applicable insurance coverage.

8. INSURANCE

Errors & Omissions Insurance Coverage

8.1. Maintenance. The Notary shall maintain commercially reasonable insurance coverage, including errors and omissions insurance, and shall provide proof of such insurance to the Client upon request.

9. TERMINATION

9.1. Termination for Convenience. Either party may terminate this Agreement for convenience upon thirty (30) days' prior written notice to the other party.

9.2. Termination for Cause. Either party may terminate this Agreement immediately upon written notice if the other party materially breaches this Agreement and fails to cure such breach within ten (10) days after receipt of written notice specifying the breach.

10. NOTICES

10.1. Method. All notices required or permitted under this Agreement shall be in writing and delivered by hand, nationally recognized overnight courier, certified mail (return receipt requested), or by electronic mail with confirmation of receipt to the addresses set forth below or to such other address as a party may designate by notice.

Notices to Notary Notices to Client

11. AMENDMENT; WAIVER

11.1. Amendment. This Agreement may be amended only by a written instrument executed by both parties.

11.2. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is asserted. No delay or omission in exercising any right shall operate as a waiver.

12. GOVERNING LAW

State or Jurisdiction Governing This Agreement

12.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state or jurisdiction specified above, without regard to its conflicts of law principles.

13. ENTIRE AGREEMENT; SEVERABILITY; COUNTERPARTS

13.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties.

13.2. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the parties shall endeavor in good faith to replace the invalid provision with a valid provision that effectuates the original intent.

13.3. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be binding for all purposes.

MISCELLANEOUS PROVISIONS

14.1. Relationship of Parties. The Notary is an independent contractor and not an employee, partner, or agent of the Client. Nothing in this Agreement creates a fiduciary obligation beyond the Notary's statutory responsibilities.

14.2. Records Retention. The Notary shall retain notarial records for the period required by applicable law and shall dispose of records in a manner consistent with legal requirements and the protection of personal data.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date(s) set forth below.

Notary (Print Name):

By (Signature):

Date:

Client (Print Name):

By (Signature):

Date:

What the Notary Public Agreement Is and What It Covers

The Notary Public Agreement is a formal document that records the duties, scope, and responsibilities between a notary public and a contracting party for notarization services. It identifies parties, specifies the type of notarization (acknowledgment, jurat, or RON), defines fees and payment terms, and outlines recordkeeping, audio-video retention, and applicable state law. This agreement also clarifies authentication methods, witness requirements, liability limits, and procedures for corrections and cancellations to preserve enforceability and evidentiary value. It is used by individuals, businesses, and agencies to document expectations and reduce disputes over notarized acts.

Why a Clear Notary Public Agreement Matters

A Notary Public Agreement reduces ambiguity about fees, identity-proofing, and record retention while aligning practices with state notary statutes and federal e-signature law. Clear terms help manage liability, support admissibility in court, and streamline remote or in-person notarizations.

Who Commonly Uses Notary Public Agreements

Typical users include notaries, signing agents, law firms, title companies, banks, and government offices managing notarizations.

Notaries and signing agents who perform acknowledgments, jurats, and remote notarizations.
Title and escrow companies coordinating deed signings and closing documents.
Legal and financial professionals seeking clear liability, authentication, and retention provisions.

Use this agreement when establishing service terms, offering RON, or defining recordkeeping and consent protocols.

Step-by-Step: Completing a Notary Public Agreement

Follow these steps to complete a Notary Public Agreement accurately for in-person or remote notarizations.

01

Prepare Document: Identify parties, notarization type, and service fees.
02

Confirm Identity: Choose KBA, ID analysis, or in-person verification.
03

Set Terms: Define fees, payment, audio-video retention, and liability limits.
04

Execute and Record: Sign parties, notary seals, retain journal and RON recording.

Vendor pricing and feature snapshot for notarization-related eSignature

The table below summarizes starting prices, common feature availability, and envelope limits across popular eSignature vendors for notarization workflows.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Trial available	Trial available	Trial available	Trial available
Bulk Send	Yes	Yes	Yes	Yes	Yes
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Security, Privacy, and Compliance Considerations

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

Certifications: ISO 27001; SOC 2 Type II; PCI DSS

Privacy Laws: GDPR and CCPA compliance

Health Data: HIPAA compliant with BAA available

Regulatory: ESIGN and UETA adherence

Accessibility: WCAG 2.0 Level AA support

Key Risks and Potential Penalties

Invalid Notarization: Can render document inadmissible

State Fines: Civil penalties and license suspension

Criminal Liability: Fraud can lead to prosecution

Tax Consequences: Backup withholding or reporting issues

Contract Disputes: Increased litigation and defense costs

RON Noncompliance: Loss of evidentiary weight

Common preparation mistakes to avoid

Failing to verify signer's identity properly, including relying on weak authentication methods, can result in rejected notarizations and regulatory penalties.
Using inconsistent fee disclosures or omitting travel and session charges leads to disputes and potential state regulatory complaints against the notary.
Improper recordkeeping — such as failing to retain RON recordings or notary journal entries — undermines evidence and may breach state rules.
Ambiguous liability clauses or absent indemnities can expose notaries and principals to costly litigation when disputes over signatures or document validity arise.

Typical notarization workflow for in-person and remote sessions

This flow shows routing, authentication, signing, and record retention for both in-person and remote notarizations.

Upload Document: Attach completed agreement and required exhibits.
Assign Fields: Place signature, initial, date, and notary blocks.
Authenticate Signer: Use ID, SMS code, or KBA per jurisdiction.
Retain Records: Store journal, seals, and RON recording securely.

Recommended digital workflow settings for notarized agreements

Configure a digital workflow that enforces identity checks, field validation, and secure storage for notarized agreements.

Field	Configuration
Authentication Method	Use email link for low-risk; SMS or KBA for RON.
Field Validation	Require MM/DD/YYYY for dates; enforce TIN formats.
Recording Retention	Retain video and audio for minimum five years.
Storage	Encrypted storage with AES-256 and access logs.

Essential clauses to include in a professional agreement

Core elements of a professional Notary Public Agreement clarify obligations, authentication standards, recordkeeping, fees, liability, and state-law compliance for both in-person and remote notarizations.

Parties

Identify each signatory, including legal name, role, and contact details; for corporate signers include corporate entity name, state of formation, and authorized signer with title and authority statement.

Scope

Describe notarization services covered (acknowledgments, jurats, RON), geographic limits, session types, and any excluded document categories such as wills or court filings, which often require special handling.

Fees

Specify fee schedule, travel and session charges, payment timing, accepted methods, and refund policy; indicate whether rates follow state statutory caps or are set contractually.

Authentication

Define identity-proofing methods for each signer: in-person ID checks, digital credential analysis, KBA, multi-factor authentication, and minimum evidence required for RON sessions, including retained audit artifacts.

Recordkeeping

Detail journal entries, document copies, audio-video retention duration, access controls, and procedures for corrections or certified copies to ensure evidentiary integrity and chain-of-custody logging.

Liability

Allocate liability limits, indemnities, insurance requirements, and dispute resolution mechanisms; specify circumstances for bond claims or license reporting to state authorities and applicable damages caps where permitted.

Key deadlines and timing to specify in the agreement

Key deadlines cover payment timing, journal entries, RON recording retention, and response windows for corrections or challenges.

Fee Payment and Billing Schedule:

Specify when fees are due: at session, within 30 days, or per invoicing terms.

Notary Journal Entry Timing Requirements:

Record entries immediately after each notarization with required details.

RON Audio-Video Retention Periods and Access:

Retain recordings per state rules, commonly five to ten years.

Correction Requests and Cure Periods:

Set a clear timeframe (e.g., 30 days) to request corrections.

Dispute Notification and Response Timeline:

Require prompt notice and define response times, typically 30–60 days.

How a Notary Public Agreement differs from a notarial certificate

Compare the Notary Public Agreement with traditional notarial certificates to clarify purpose, timing, and enforceability.

Criteria	Notary Public Agreement	Notarial Certificate
Primary purpose and legal function	service terms	authenticate signer
Typical timing and common use cases	before notarizations	at signing event
Legal effect and evidentiary weight	contractual clarity	notarial proof
Process for modification and amendment of terms	mutual amendment	certificate unchanged

Frequently asked questions about the Notary Public Agreement

Frequently asked questions address signing validity, identity proofing, RON records, fee disputes, and state statute differences to aid correct completion.

Need help? Contact support

Is an electronic notary agreement legally binding?
Yes. Under the ESIGN Act (15 U.S.C. ch. 96) and UETA-compliant state laws an electronic notary agreement is enforceable when intent, consent, signer attribution, and reliable record retention are established. Note exceptions for wills, probate orders, and other statutorily excluded categories.
What are required identity verification methods?
States require in-person ID checks, credential analysis, KBA, or multi-factor authentication depending on whether notarization is in-person, IPEN, or RON. For RON, expect retained audio-video, robust credentialing, and multi-factor controls aligned with state notary commission rules.
How long must RON recordings be kept?
Retention periods vary by state; common practice is five to ten years. Some states mandate specific minimums and audit access. Consult the state notary commission rules for exact retention requirements and specify retention in the agreement to ensure compliance.
Can a Notary Public Agreement cover RON?
Yes. The agreement can define RON procedures, authentication methods, recording retention, and liability allocations, provided the processes comply with applicable state RON statutes and identity-proofing requirements such as KBA, credential analysis, and audio-video retention rules.
What are common errors to avoid?
Common mistakes include mismatched signer names, missing witness or notary information, unclear fee disclosures, failure to retain RON recordings or journal entries, and ambiguous authentication clauses. These errors can void notarizations or expose parties to fines and litigation.
How does this interact with tax or reporting obligations?
Notary agreements do not replace tax reporting; collect correct TINs and W-9s where applicable. Failure to obtain accurate taxpayer identification can trigger backup withholding at 24% and IRS information return penalties under IRC §6721.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now