41-376. Remote online notarization procedures

(Eff. 7/1/20)

A. Before performing a remote online notarization, a notary public shall:

1. Reasonably confirm that an electronic record before the notary public is the same electronic record in which the remotely located individual made a statement or on which the remotely located individual executed or adopted a signature.

2. Take reasonable steps to ensure that the communication technology used in the remote online notarization is secure from unauthorized interception.

B. In performing a remote online notarization for a remotely located individual, a notary public shall reasonably verify the identity of the individual by any of the following:

1. The notary public's personal knowledge of the individual.

2. Each of the following:

(a) The individual's remote presentation of an identification credential that constitutes satisfactory evidence of identity as defined in section 41-311.

(b) Credential analysis of the identification credential described in subdivision (a) of this paragraph.

(c) Identity proofing of the individual.

3. The oath or affirmation of a credible witness with personal knowledge of the individual who appears before and is identified by the notary public either:

(a) Through satisfactory evidence of identity as defined in section 41-311 while in the physical presence of the notary public.

(b) As a remotely located individual under paragraph 1 or 2 of this subsection.

C. A notary public may:

1. Require a remotely located individual to provide additional information necessary to assure the notary public of the identity of the individual.

2. Refuse to perform a remote online notarization if the notary public is not satisfied as to the identity of the remotely located individual.

D. Notwithstanding section 41-313, subsection B, paragraph 3, a translator may be a remotely located individual if the translator, signer and notary public communicate by means of communication technology.

E. Section 41-319, subsection C does not apply to remote online notarizations.

F. The notarial certificate for a remote online notarization must indicate that the notarial act was a remote online notarization performed by means of communication technology. A notarial certificate is sufficient to satisfy the requirement of this subsection if it either:

1. Complies with rules adopted under section 41-372.

2. Is in a form otherwise sufficient under the laws of this state and contains a statement substantially as follows: " this remote online notarization involved the use of communication technology" .