By David Thun on October 22, 2014
Update 6-7-21. Notaries often ask the NNA if they can notarize signatures when visiting a different state or a foreign country. We’ve prepared this guide to help answer your questions about notarizing in other states or nations.
Notarial Acts In Other States?
Most U.S. states and jurisdictions only authorize commissioned Notaries Public or other notarial officers recognized under state law to perform notarial acts within the borders of the commissioning state or jurisdiction. For example, a Notary commissioned in California or Florida may perform notarizations anywhere within the commissioning state’s borders, but may not perform a notarization in another state such as Georgia.
There are a handful of states that permit notarizations outside the state, but only under specific conditions or for certain types of documents:
Kentucky Notaries may apply to get a Special Commission, which authorizes them to notarize documents inside or outside the state as long as the document will be recorded in Kentucky (KRS 423.110[6]). Special Commission Notaries may be nonresidents. (Also see “Webcam Or Remote Notarizations” below for additional information.)
Montana allows its Notaries to perform notarial acts in a bordering state that recognizes the Notary's authority — currently only Wyoming and North Dakota do this (MCA 1-5-605[4]). (Also see “Webcam Or Remote Notarizations” below for additional information.)
North Dakota allows its Notaries to perform notarial acts in a state that recognizes the Notary's authority. Currently only Montana does this (NDCC 44-06.1-09). (Also see “Webcam Or Remote Notarizations” below for additional information.)
Virginia Notaries may notarize a document inside or outside the Commonwealth if the document will be used in the Commonwealth or by the U.S. government (COV 47.1-13[B], 47.1-13.1). (Also see “Webcam Or Remote Notarization” below for additional information.)
Wyoming allows its Notaries to perform notarial acts in a bordering state that recognizes the Notary's authority — currently only Montana does this (WS 32-1-105[d]). (Also see “Webcam Or Remote Notarization” below for additional information.)
Can A Notary Commission Be Transferred?
Many Notaries have asked, “If I move to another state, can I transfer my current Notary commission to my new state?”
The answer generally is “no” — Notary commissions are not transferable between states.
If you are relocating to another state, you need to resign your current commission and apply for a Notary commission in your new state.
However, in some jurisdictions it is possible to hold more than one Notary commission if you live in one state and work in another that allows nonresidents to hold a Notary commission (see “Can A Notary Hold Commissions In Multiple States?” below).
Can I Travel To Another Country To Notarize?
Certain individuals may hold special commissions from the federal government to notarize overseas. Some serving U.S. military personnel are authorized to notarize for military members and their families on U.S. bases in other countries. With the exceptions of the special commissions and situations listed above, Notaries commissioned by a U.S. state are not able to use their Notary commission overseas.
Also, officers of the foreign service of the United States, and consular agents at U.S. embassies and consulates, are authorized under federal law to notarize documents abroad. However, these specialized commissions are not available to Notaries commissioned by U.S. states and jurisdictions.
Remote Online Notarization (RON)
Currently 30 states have enacted permanent statutes authorizing qualified Notaries to perform remote online notarizations (RON). Also known as webcam notarizations, these acts permit the Notary to interact with the signer remotely using audiovisual technology over the internet instead of appearing in person before the Notary. Many states that authorize RON permit remotely notarizing for signers located in a different state or country than the Notary. However, when performing a RON, the Notary must always be physically present in the commissioning state during the notarization.
COVID-19 Emergency Notary Orders
During the coronavirus pandemic, some states have issued emergency Notary orders that temporarily authorize Notaries to perform remote notarizations for signers located outside the Notary's commissioning state. Before performing such a notarization, the Notary must be sure to comply with all requirements of the state's emergency order. Also, the Notary must be sure that any such a remote notarization is performed within the permitted time period under the emergency order.
Can A Notary Hold Commissions In Multiple States?
Some jurisdictions allow individuals to apply for a Notary commission in more than one state. In New York, nonresidents may apply for a New York Notary commission, provided they have an office or place of business in the state. For example, a New Jersey resident who has an office in New York could hold a New Jersey Notary commission and a New York Notary commission, authorizing the person to notarize in both states. If you wish to obtain a Notary commission in another state, always check the laws of the state you reside in as well as the state you wish to be commissioned in to make sure it is permissible in both jurisdictions.
David Thun is an Associate Editor at the National Notary Association.