41-374. Electronic record of remote online notarizations

(Eff. 7/1/20)

A. A notary public shall record each remote online notarial act performed by the notary public in chronological order in one or more journals maintained in a permanent, tamper-evident electronic format that complies with the rules adopted by the secretary of state. A notary public may not record a remote online notarial act in a paper journal required by section 41-319. Each journal entry under this subsection shall include:

1. The date and time of the notarial act.

2. A description of the record, if any, and type of notarial act.

3. The full name and address of each individual for whom the remote online notarial act is performed.

4. If the identity of the individual is based on personal knowledge, a statement to that effect.

5. If the identity of the individual is based on credential analysis and identity proofing, a brief description of the results of the identity verification process and the identification credential presented, including the date of issuance and expiration of the identification credential but not its serial or identification number.

6. If the identity of the individual is based on an oath or affirmation of a credible witness, the information required by paragraphs 3, 4 and 5 of this subsection with respect to the credible witness.

7. A fee, if any, charged by the notary public.

B. A notary public, or a person acting on behalf of the notary public, shall create an audio and visual recording of the performance of each remote online notarial act.

C. A notary public shall take reasonable steps to:

1. Ensure the integrity, security and authenticity of remote online notarizations.

2. Maintain a backup of the audio and visual recording required by subsection B of this section and an electronic journal kept by the notary public under subsection A of this section.

3. Protect the backup required by paragraph 2 of this subsection from unauthorized use.

D. A notary public or a guardian, conservator or agent of the notary public or a personal representative of a deceased notary public shall retain an electronic journal kept by the notary public pursuant to subsection A of this section and the audio and visual recording required by subsection B of this section or cause the journal and recording to be retained by a depository designated by or on behalf of the person required to retain the journal and recording. The journal and recording shall be retained for at least five years after the date of the remote online notarial act.

E. An electronic journal kept by the notary public pursuant to subsection A of this section and the audio and visual recording required by subsection B of this section are:

1. Subject to section 41-319 relating to public records.

2. Not subject to section 41-317.