For decades, the notary remained the most "offline" figure in law: seal, personal appearance, paper register. Nevertheless, over the past few years, all three legal systems of interest to us—Russian, English, and American—have learned to certify documents remotely, and each has done so in its own characteristic way: Russia built state infrastructure, England made do with pragmatic practice, the USA left the matter to the market.
For clients with assets and family in multiple jurisdictions, this is not theory. A power of attorney for a transaction in Moscow when the principal is in London; selling an apartment in Russia without flying from Dubai; documents for an American SPV signed from Europe—some of these tasks may be completed without the owner travelling, subject to the permitted procedure, any representative and acceptance of the documents. Below is how remote notarisation works in three systems and where its boundaries lie.
Where remote notarisation came from
It is commonly believed that the pandemic drove notarisation online. This is only half true. The first law on remote online notarization was passed by the American state of Virginia back in 2011, and the Russian "digital notary law"—Federal Law No. 480-FZ—was signed in December 2019, several months before lockdowns. The pandemic did not create the trend but compressed a decade of evolution into a couple of years: the technologies were already on the shelf; all that remained was to give them legal force.
Then the paths diverged. Russia built a centralised system—a unified information system for notaries, qualified electronic signatures, biometrics. England did not change its laws and relied on the flexibility of its notaries. The USA left the matter to the market, and within a few years an entire sector of online notarial platforms grew there. Three models—three different answers to the same question: how to verify the identity and will of a person who is not in the room.
Russia: notarisation on state rails
What can be done remotely
Since 29 December 2020, Art. 44.3 of the Fundamentals of Notarial Legislation has allowed specified notarial acts without personal attendance. The applicant or representative sends an electronic application and supporting documents through the unified notarial system, including via the government services portal where available, and signs the application with a qualified electronic signature. The chamber routes it to a notary ready to perform the act. Territorial requirements for the particular act still apply, so competence must be checked before submitting the request.
Examples of available acts include certifying translations, transmitting electronic documents, accepting non-cash money into a notarial deposit or escrow, an enforcement endorsement, storing electronic documents, securing online evidence and extracts from the movable-property pledge register. Electronic conversion under Art. 103.9-1 means converting one electronic format into another and certifying equivalence; paper/electronic conversion is a separate act. Under Art. 44.3 the notary must send the result, a reasoned refusal or a postponement decision within five working days after receiving payment confirmation. A request for missing material can therefore extend the overall process.
Remote transactions: two notaries, one transaction
Articles 53.1 and 56 provide for certification by two or more Russian notaries without the parties attending together. Each participant, or an authorised representative where representation is permitted, appears personally before their notary; the notaries connect through the UIS and supervise signing. For a real-estate disposal, at least one notary must practise in the Russian region where the property is located. Joining from home or an overseas notary’s office does not itself satisfy this procedure.
Use is increasing. The FNP’s review of 2025 reported an 11% rise in transactions involving notaries at different locations and a 1.8-fold rise in fully remote notarial acts. These are different categories: the former retains personal attendance, while the latter dispenses with it for specified acts.
Where the boundary lies
A power of attorney, will and spousal consent fall outside the fully remote Art. 44.3 procedure. A transaction with several participants may use Art. 53.1, while retaining personal attendance by each participant or a permitted representative. A will cannot be made through a representative. Under Arts. 43, 44 and 44.3, the notary must check the parties’ will and the acts outside the statutory remote list retain the applicable personal-signing rule; a qualified signature or video call alone does not create a fully remote route.
An electronic apostille is a separate stage. The Ministry of Justice dates the Russian programme’s launch to March 2023, with both e-APP components—the electronic apostille and the electronic register—in place. An electronic notarial document does not establish that every document type is eligible for an electronic apostille: the competent authority, eligible format and legal use of the underlying document abroad must be checked.
The Russian route depends on the act: Art. 44.3 permits specified applications through the UIS without attendance; Art. 53.1 lets parties attend different notaries. The document’s electronic form and subsequent authentication are separate checks from the manner of appearance.
England: pragmatism instead of infrastructure
Notary for the outside world
The English notary public is a paradoxical figure: within the country he is almost unnecessary. English law does not require notarial form for contracts or powers of attorney—a signature is sufficient, and for deeds a witness as well. There are fewer than a thousand notaries in England and Wales, they are regulated by the Faculty Office of the Archbishop of Canterbury—yes, seriously—and they work mainly "for export": certifying documents going to foreign registers, banks, and courts.
What remote notarisation looks like
The 18 June 2026 Code update added separate chapters on electronic documents and remote appearance. Under Chapter 26, the notary must be in England and Wales, assess identity, capacity and free will, and accurately describe the remote procedure. There must be a sufficient connection with England and Wales or other reasonable justification for using its notary; the client may be abroad. A passport shown on a video call does not exhaust these checks.
An electronic act may also follow an in-person meeting. Chapter 25 provides for the notary’s QES and electronic image of the seal, with the recipient’s format requirements checked. An eligible PDF can receive an FCDO e-Apostille. Exclusions include civil-status certificates and certain criminal-record documents: making a scan does not itself make a document eligible.
The recognition trap
Check the underlying document’s form before signing. The Code does not displace statutory physical-presence requirements for oaths, affidavits, statutory declarations or witnessing deeds and wills. An apostille has a different function: the HCCH explains that an electronic apostille cannot be rejected solely because it is electronic. It does not certify the document’s contents, the powers needed for a particular transaction or compliance with that transaction’s formalities.
The English model permits different combinations: personal or permitted remote appearance, paper or electronic act, then the appropriate authentication route. The document and recipient’s requirements determine the combination; video technology does not create an exception to mandatory personal attendance.
USA: notarisation as a market
RON American-style
A US notary public need not be a lawyer; the commissioning state defines the powers. RON uses audio-video communication, identity checks and a session record, but there is no single nationwide identification algorithm. For example, Florida Statutes 117.265 allow personal knowledge of the signer or qualifying identification, credential analysis and KBA or another compliant method. The notary cannot proceed if identification fails.
Law: states and the federal umbrella
State rules differ. Florida requires the notary to be within the state, while the signer may be overseas under s.117.265. California’s current FAQ says its notaries cannot yet replace personal appearance with video; electronic notarisation with physical attendance is possible. SB 696 takes effect when the Secretary of State certifies that its online-notarization technology project is complete or on 1 January 2030, whichever is earlier, and the Secretary of State’s legislative summary adds that the Secretary may inform the Legislature and the Governor by 1 January 2029 that the project will not be completed by 2030. Federal H.R.1777 and S.1561 (SECURE Notarization Act of 2025) remain bills with Introduced status, not an enacted nationwide guarantee.
For international clients, there is a pleasant detail in RON: many platforms work with foreign passports, and the signatory can be outside the USA—legally the action is performed where the notary is located. You can sign documents for a Delaware company from London, Dubai, or Almaty—subject to the relevant state's law, platform identification requirements and acceptance by the document's recipient, as explained in the FAQ.
Choose a US procedure by the notary’s commissioning state, signer’s location, document type and available identification method. Session length and platform availability are provider conditions; a recording does not guarantee recognition by an overseas recipient.
Choosing the procedure before signing
| Route | Location of participants | Check before booking |
|---|---|---|
| Russia: Art. 44.3 | Applicant does not attend; notary in a permitted Russian region | Statutorily eligible act, qualified signature, documents and territorial competence. Art. 44.3. |
| Russia: Art. 53.1 | Participants or permitted representatives attend different Russian notaries | For property, one notary must be in its region; representative’s powers need separate verification. Arts. 53.1 and 56. |
| England and Wales | Notary in England and Wales; client may be abroad | Justified connection, risk assessment, local law and any mandatory physical attendance. Faculty Office guidance. |
| United States: Florida | Notary in Florida; signer may be elsewhere | RON registration, consent to the applicable procedure, acceptable identification and recipient acceptance. §117.265. |
| United States: California | Signer physically before the California notary | Electronic documents are distinct from RON: the current FAQ does not permit video to replace attendance. |
The client’s signature, notarial certificate and apostille perform different functions. A scan or printout does not replace validation of the electronic signature and original file. First agree the required form with the recipient, then select the appearance and notarisation procedure, followed by apostille or other authentication and translation.
What to do with this
In the real practice of a family office, the three models do not compete but combine. A power of attorney prepared abroad for Russian assets first needs a form accepted by the receiving Russian authority; video and an apostille alone do not settle acceptance. An owner in the Emirates may sell an apartment in Sochi through an authorised representative in Russia: participants in the two-notary transaction still appear personally before the Russian notaries. For an American SPV, a RON session from Europe requires the relevant state-law, identification and recipient-acceptance conditions to be satisfied. Each time the question is the same: which form will be recognised where the document is presented. (Sources: Florida: online notarization; Russian notarial procedure).
At the boundary between systems, check three independent conditions: the notarial procedure is lawful where performed, the underlying document meets the destination’s requirements, and its origin is authenticated correctly. Under the Apostille framework, electronic form alone does not justify rejection of an e-Apostille, but defects in powers, translation or transaction formalities remain. Agree the chain before signing so authentication does not have to be repeated.
Q/A
Can a Russian power of attorney or will be notarised entirely online?
No. The fully remote procedure under Art. 44.3 of the Fundamentals of Notarial Legislation is confined to the acts listed by statute and does not include a power of attorney or will. Where the notary must verify the signatory’s will, personal appearance is required; a video call alone does not replace the notary.
Can a Russian transaction proceed when the parties are in different cities?
Yes. Under Art. 53.1 two or more notaries may certify one transaction: each party appears in person before their own notary and the single electronic instrument is completed through the unified notarial system. This removes travel to the counterparty, but it is not a fully at-home video session.
Does English remote notarisation guarantee recognition abroad?
No. The Faculty Office Code permits remote appearance, but the notary must assess risk and must not issue an act known to be invalid or unacceptable. Legal effect is decided by the receiving country or institution, so acceptance of the video procedure and the document format must be checked before signing.
Does an e-Apostille remove the need to check the destination’s rules?
No. An apostille authenticates the signature, signatory’s capacity and seal, not the document’s contents or suitability for a transaction. HCCH says an e-Apostille cannot be rejected solely for being electronic. FCDO nevertheless recommends agreeing the document and paper or electronic route with the recipient; an apostille cannot cure a breach of mandatory personal-attendance rules.
Can a US RON session be completed while the signer is abroad?
Sometimes. RON is governed by the commissioning state rather than one federal regime, so the state law, platform, identity document, document type and recipient must all permit the session. Some states accept a foreign passport and a signer outside the United States, but that cannot be assumed for every state or instrument.