Minnesota · Minn. Stat. §358.645Minnesota remote online notarization: who can notarize, where the signer can be and the identity checks

In Minnesota, a notary public must register with the secretary of state before performing remote online notarizations, certifying that the communication technology will conform to the statute (Minn. Stat. §358.645, subd. 2). The remote online notary must be physically in Minnesota, and the signer may be in Minnesota, elsewhere in the United States, or outside the United States if the notary has no actual knowledge that the act is prohibited there and the signer confirms that the document relates to a U.S. court or government matter, to property in the United States, or to a transaction substantially connected to the United States (subd. 3). The notary verifies identity by personal knowledge, or by remote presentation of a current government ID with photo and signature plus credential analysis and identity proofing (subd. 7). Knowledge-based authentication must use at least five questions with five answer choices each, answered within two minutes with at least 80% correct, with one more attempt allowed (subd. 5). The notary keeps an electronic journal and an audio and video recording of each act for at least ten years, and the electronic certificate must note that it was a remote online notarization (subds. 4, 7). A remote online notarization that meets the section satisfies any Minnesota law requiring a signer to personally appear before a notary (subd. 7(e)).