64-411. Physical location of principal; verification of identity; manner; security of communication technology; online notarial certificate; notation required.

(1) An online notary public may perform an online notarial act authorized under section 64-408 that meets the requirements of the Online Notary Public Act and the rules and regulations adopted and promulgated thereunder regardless of whether the principal is physically located in this state at the time of the online notarial act.

(2) In performing an online notarial act, an online notary public shall verify the identity of an individual creating an electronic signature. Identity shall be verified by:

(a) The online notary public's personal knowledge of the individual creating the electronic signature;

(b) All of the following:

(i) Remote presentation by the individual creating the electronic signature of a government-issued identification credential that is current and that bears the photographic image of the individual's face and signature and a physical description of the individual, except that a properly stamped passport without a physical description is satisfactory evidence;

(ii) Credential analysis of such credential; and

(iii) Identity proofing of the individual creating the electronic signature; or

(c) Oath or affirmation of a credible witness who is in the physical presence of either the online notary public or the individual and who has personal knowledge of the individual if:

(i) The credible witness is personally known to the online notary public; or

(ii) The online notary public has verified the identity of the credible witness under subdivision (2)(b) of this section.

(3) The online notary public shall take reasonable steps to ensure that the communication technology used in an online notarial act is secure from unauthorized interception.

(4) An online notary public shall attach the online notary public's electronic signature and online notary seal to the online notarial certificate of an electronic document in a manner that is capable of independent verification and that renders evident any subsequent change or modification to the electronic document.

(5) The online notarial certificate for an online notarial act must include a notation that the notarial act is an online notarial act.

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