Do electronic signatures need a witness or a notary?

Usually not. Most contracts don't need a witness or a notary at all, on paper or electronically. Sales agreements, NDAs, offer letters, service contracts, and most leases are complete once the parties sign. A witness or notary is needed only when a specific law asks for one, and those laws cover a fairly short list of documents.

When one is required, signing electronically doesn't make the requirement go away, but it doesn't rule out going digital either. Here is how it works.

In this article

• Why most documents need neither
• Documents that often need a notary or witness
• How notarization works electronically
• What about witnesses?
• What to do if your document needs one

Why most documents need neither

U.S. contract law cares about agreement, not ceremony. If two people agree to terms and sign, the contract is binding whether anyone watched. The ESIGN Act and UETA then make an electronic signature as valid as a handwritten one, as we explain in are electronic signatures legally binding?

Witnesses and notaries exist for documents where the law wants extra protection against fraud or pressure, usually because the document transfers property, grants someone power over your affairs, or will be relied on by people who were not in the room.

Documents that often need a notary or witness

The rules vary by state and country, but these are the usual candidates:

• Real estate deeds and mortgages. Most county recorders require a notarized signature before they will record a deed, and a few states, such as Florida, also require two witnesses.
• Powers of attorney. Many states require notarization, witnesses, or both, especially for financial and health care powers.
• Wills. Usually two witnesses, and sometimes a notarized self-proving affidavit.
• Affidavits and sworn statements. These are made under oath, so a notary or other official administers it.
• Some vehicle title transfers and trust documents, depending on the state.
• Documents used abroad, which may need notarization and then an apostille.

If a document is not on a list like this and no law or recipient asks for a notary, you almost certainly don't need one.

How notarization works electronically

The ESIGN Act already allows for it. If a law requires a signature to be notarized, the requirement is met when the notary's own electronic signature and the other information the notary must include are attached to the electronic record. There are two common ways to do this.

1. In-person electronic notarization. The signer and the notary are in the same room, but the document is signed and notarized on screen instead of on paper.
2. Remote online notarization. The signer and the notary meet over a live audio-video call. The notary checks the signer's identity, usually with an ID scan and knowledge-based questions, watches them sign, and applies a digital certificate and tamper-evident seal to the document. The session is recorded and kept.

Most states now have permanent laws allowing remote online notarization, but the notary must be commissioned and approved for it in their state, and they must use a platform that meets that state's standards. That certificate-based seal is one of the places where a true digital signature is required.

What about witnesses?

Witnessing is less standardized. Some states allow a witness to attend by video for certain documents, and a growing number allow electronic wills witnessed remotely under their own statutes. Others still expect a witness to be physically present.

In England and Wales, a deed can be signed electronically, but the witness must be physically present with the signer, and HM Land Registry accepts witnessed electronic signatures on some deeds under its own procedure.

Where an electronic witness signature is acceptable, the witness signs the document too, with their own signature and the evidence to show it. In Inkly that means adding the witness to the same document as their own signer, with their own signature field. Each signer gets their own link, and the audit trail records who signed, when, and from which device.

What to do if your document needs one

1. Check where the requirement comes from. Is it a law, a county recorder, a bank, or just habit? A counterparty asking for a notary on an ordinary contract is a preference you can discuss, not a legal rule.
2. For notarization, use a notary. Inkly is not a notary service. For a document that must be notarized, use an in-person notary or a remote online notarization provider approved in your state.
3. For everything else, sign electronically. Agreements that only need the parties' signatures can be sent, signed, and stored in Inkly, with each signer's evidence recorded in the Certificate of Completion.