Electronic Notarisation, Digital Documents & Remote Appearance

This program is available for self-study or facilitated study over a live Zoom call with expert Lisa Preuveneers.

We have prepared detailed notes as per the following Table of Contents and introduction. The content is the same for self-study or distance learning (as we sometime call it).

To gain accredited CPE points

Self-study read through the notes, follow the many external links to addition information and complete a Questionnaire. To make this as easy as possible, the questionnaire is included in the notes and it is emailed to you separately as a Word document – complete and email back.

Popular because: the study can be undertaken at a time of your choosing.

Face to face via a live Zoom call

The full set of notes are emailed to you together with a Zoom meeting invitation well in advance.

You are expected to read these ahead of the live online, one-hour lecture discussion session.

Popular because: the small group session enable you to ask questions of other notaries also on the Zoom call.

Choose from these dates: 24^th Sept. Thurs. 11.30 am | 1^st Oct. Thurs. 3 pm | 13^th Oct. Tues. 11.30 am

The contents below are the topics covered by the Electronic Notarisation, Digital Documents & Remote Appearance training provided by Law Consultancy Services for 2026.

Accredited Distance Learning
Introduction
The Faculty Office Guidance.
It started in earnest with Covid.
How should the FO proceed?
Faculty Office Concerns
The Electronic Documents & Remote Appearance Hub
Electronic Documents
What are they?
Electronic Signatures
Key Benefits of Using E-Signatures
The Legal Basis for Electronic Signatures
Electronic Apostilles
The Process and Case for Using E-Apostilles
Electronic and Remote Notarisation are Not the Same.
The Crucial Distinction: E-Notarisation vs. Remote Appearance
A Practical Guide to Electronic and Remote Notarisation
Digital Risk Assessments & Liability
Electronic Notarisation
Once you have decided to provide an electronic apostille service…
Code of Practice. Chapter 25. Electronic Documents and Electronic Notarial Acts
Points of interest:
Remote Notarisation – Remote Appearance
Code of Practice. Chapter 26. Remote Appearance
Code of Practice: Technology, Digital Devices and Artificial Intelligence
APPENDIX
APPENDIX 1. Digital Identities Across Europe
Of Academic Interest
APPENDIX 2.0: Outsourcing verifying the identity of clients
APPENDIX 2.1: How to verify a client’s digital identity
APPENDIX 3 Digital Risk Assessment Form
APPENDIX 4 Miscellaneous
Compliance.
E-apostille Service from the Notaries Society
The Questionnaire
Electronic Notarisation, Digital Documents and Remote Appearance

Introduction

I think it’s fair to say that most people needing documents to be notarised and, of course notariesthem selves, are used to transmitting electronic documents. A document is created in Word (or similar) and, most likely, saved as a PDF (portable document format) then sent as an attachment by email to another party.

Remote appearance probably started in earnest with Covid. We start this Continuing Professional Education program with a review of the guidance published by the Faculty Office (FO) on the 7th May 2020 entitled “Covid-19: Guidance on Remote Notarisation” and work forward. More guidance followed as the FO’s Board considered two scenarios in a paper entitled “Remote/online/mobile notarial services. Are there restrictions on where notaries can practice from?”

I direct you to the FO’s ‘Electronic Documents and Electronic Notarial Acts and Remote Appearance Hub’ before we consider digital / electronic documents. It seems that not all documents are equal! Some need to be signed – either with a wet or electronic signature. It was when, in Autumn 2022, the Foreign, Commonwealth and Development Office (FCDO) launched e-apostilles Notaries turned their attention to using electronic signatures. It seems that not all e-signatures are equal and, we in the UK, are out of step with Europe… it gets complicated so let’s take the legal basis for e-signatures as read shall we?

A natural and obvious progression is a move to electronic notarisation driven by the benefits of providing electronic rather than paper apostilles.

But what about remote notarisation? The process of electronic notarisation and remote notarisation are not (necessarily) the same. However there are many common factors to consider when conducting either an electronic or a remote notarisation interview. We consider what these may be before taking an in-depth and separate look at the mechanics and regulations surrounding the preparation and execution of electronic notarisation and remote appearance Acts.

A significant point to note is that the subject of mandatory risk assessments has probably not beencovered sufficiently. APPENDIX 3 provides a NOTARIAL RISK ASSESSMENT: REMOTE APPEARANCE, Mandatory compliance record under the Faculty Office Code of Practice.

On a more practical level, you may prefer to create your own simpler, shorter, just as complaint, version.

If you have been attending my CPE seminars over the years since 2012 you may be using a version of my (in)famous CFR -‘Client Registration Form. We have moved on from one sheet of A4 to many,many pages…..

I now have an online version of the CFR that can be emailed to the client; the data inputted is automatically added to a cloud-based Client Protocol. Simply click on the client record to add all the compulsory additional data (country, fee risk assessment…).