41-375. Use of electronic signature and electronic seal

(Eff. 7/1/20)

A. In performing a remote online notarization, a notary public shall attach or logically associate the notary public's electronic signature and electronic seal to the notarial certificate in a tamper-evident format. The electronic seal must be capable of being copied together with the electronic record to which it is attached or with which it is logically associated. The notarial certificate must be attached to or logically associated with the electronic record that is the subject of the remote online notarial act. If the secretary of state establishes standards under section 41-352 or 41-372 for attaching or logically associating the electronic signature, electronic seal or notarial certificate, the process must conform to the standards.

B. A notary public's use of an electronic seal satisfies the requirement of section 41-313, subsection D, paragraph 3 to authenticate the remote online notarial act.

C. A notary public shall take reasonable steps to protect the notary public's electronic seal from unauthorized use. A notary public may not allow another person to use the notary public's electronic seal.

D. A notary public shall immediately notify an appropriate law enforcement agency and the secretary of state on actual knowledge of the theft or vandalism of the notary public's electronic seal or electronic journal. A notary public shall immediately notify the secretary of state on actual knowledge of the loss or use by another person of the notary public's electronic seal or electronic journal.

E. A notary public's possession or use of an electronic seal for an electronic notarization under article 3 of this chapter or for a remote online notarization is not a violation of section 41-321, subsection B.