E-Signature vs. Notarization: Which One Does Your Document Need?
Two different things get mixed up all the time in the United States: signing a document electronically and having a notary public certify it. Almost every private contract only needs the first, which is free and takes a minute. A handful of documents require the second, and in most states you can now do that over a video call. Here is how to tell them apart.
In 30 seconds
- Almost all private contracts are signed electronically, with no notary: the ESIGN Act and UETA make them valid.
- Documents headed for a public record need a notary: deeds, powers of attorney, affidavits, and anything the document itself calls for.
- Remote online notarization (RON) is law in the vast majority of states; California’s law (SB 696, 2023) is due to start by January 1, 2030, or earlier if the Secretary of State is ready; notarizations done under another state’s law are generally recognized meanwhile.
- An electronic signature does not replace a notary when the law requires one, and a notary is not needed when the law does not.
What each one does
| Electronic signature | Notarization | |
|---|---|---|
| What it is | Your signature in electronic form, with an audit trail of who signed and when | A state-commissioned notary public verifies your identity and certifies that you signed |
| Law | ESIGN (federal) and UETA (state) | Each state's notary law; remote notarization (RON) has its own state statute |
| When you need it | Almost any contract or private document | Only when a law or a recording office requires it |
| How it's done | From your phone, with a link | In person, or by video call with an online notary (RON) |
| Cost | Free with MultiDocs to sign your own documents; 15 free signature requests a month | Fees are set or capped by each state; online notary platforms add their own charges |
Official figures
of the ESIGN Act: wills, family law, court documents and eviction notices are excluded from electronic signatures.
deadline for California to launch remote online notarization (SB 696, 2023).
Documents that only need an electronic signature
- Business-to-business contracts, proposals, quotes and purchase orders.
- Offer letters, employment agreements, NDAs and company policies.
- Leases and service agreements, order forms, delivery receipts.
- School and activity permission slips, informed consent forms, registrations.
- Invoices, terms of service, client agreements.
For all of these, federal law says a signature cannot be denied legal effect just because it is electronic, and, as a rule, no law requires a notary.
Documents that usually need a notary
- Deeds and real estate transfers filed with the county recorder (deeds, and mortgages in many states).
- Powers of attorney in most states.
- Affidavits and certain court filings.
- Wills and trusts in some states (and ESIGN excludes wills from electronic signatures anyway).
- Vehicle title documents, minor travel consent forms and others, depending on the state.
If a document requires a notary, an electronic signature alone will not do, no matter how complete the audit trail.
Remote online notarization (RON)
Remote online notarization lets a notary public see you over a video call, verify your identity (ID document, knowledge-based questions) and sign and seal electronically. It has its own statute in the vast majority of states; California passed its law in 2023 and it is due to start by January 1, 2030, or earlier if the Secretary of State is ready; notarizations done under another state’s law are generally recognized meanwhile. It is a separate service from MultiDocs, provided by commissioned notaries through approved platforms. Federal law already allows the notary’s own signature to be electronic: a notarization requirement “is satisfied if the electronic signature of the person authorized to perform those acts” is attached with the other required information (15 U.S.C. § 7001(g)).
How to tell which one you need
- Check whether the document goes to a public record (county recorder, DMV, court). If so, it almost certainly needs a notary.
- Check whether the document itself has a notary block (“State of…, County of…, sworn before me”). If it does, the person asking for it expects a notary; check whether the law or only they require it.
- If it is an agreement between individuals or businesses, an electronic signature with an audit trail is usually enough.
- When in doubt, ask whoever is requesting the document (the bank, the recorder's office, the attorney) whether they accept electronic signatures.
Signing electronically with an audit trail
With MultiDocs you upload the PDF, mark where each person signs, and they get a link by email, text message, WhatsApp or a link you copy. They sign with their finger on their phone, no account needed, and you get the signed PDF back with the audit trail: the email or phone number it was sent to, IP address, device and browser, date, time, a unique signer code and the document's SHA-256 fingerprint. That is the evidence courts have asked for when someone disputed an electronic signature. More in what US law says.
This is general information, not legal advice. For your specific situation, ask a lawyer licensed in your state.
FAQs
Is an electronic signature the same as a notarized signature?
No. An electronic signature is your signature in digital form, with an audit trail. Notarization is a notary public's certification that you are the one who signed. Most private documents only need the first.
Can I notarize a document with MultiDocs?
No. MultiDocs provides electronic signatures with an audit trail. If your document requires a notary, use a notary in person or a remote online notarization platform in your state.
Is online notarization valid in my state?
In the vast majority of states, yes, under their own statute. California will not have online notaries until 2030, but it accepts online notarizations performed in other states. Check your Secretary of State's website.
Does a lease need to be notarized?
Generally not: a lease is a private agreement and is signed electronically. What usually goes on the public record, and needs a notary, is the deed when property is sold.
What about a power of attorney?
A power of attorney often must be notarized or witnessed, depending on the state. Do not sign one with an electronic signature alone.
Official sources
- Cornell LII: 15 U.S.C. § 7001 (ESIGN Act, general rule of validity and consumer consent)
- Cornell LII: 15 U.S.C. § 7003 (excluded documents)
- National Notary Association: states with remote online notarization (RON)
- California Legislative Information: SB 696 (2023), remote online notarization
We checked each source on November 6, 2026. If you spot something out of date, write to us at info@multidocs.es.