Guam § 33805 - Electronic Record of Remote Online Notarizations.

§ 33805. Electronic Record of Remote Online Notarizations.

(a) A remote online notary public shall keep a secure

electronic journal of each remote online notarial act performed

by the remote online notary public. The electronic journal must

contain for each remote online notarization:

(1) the date and time of the notarization;

(2) the type of notarial act;

(3) the type, the title, or a description of the electronic

record or proceeding;

(4) the printed name and address of each principal

involved in the transaction or proceeding;

(5) evidence of identity of each principal involved in

the transaction or proceeding in the form of:

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(A) a statement that the person is personally

known to the remote online notary public;

(B) a notation of the type of identification

document provided to the remote online notary public;

(C) a record of the identity verification made

under this Article, if applicable, or

(D) the following:

(i) the printed name and address of each

credible witness swearing to or affirming the

person’s identity; and

(ii) for each credible witness not personally

known to the remote online notary public, a

description of the type of identification documents

provided to the remote online notary public; and

(6) the fee, if any, charged for the notarization.

(b) The remote online notary public shall create an audio

and video copy of the performance of the notarial act.

(c) The remote online notary public shall take reasonable

steps to:

(1) ensure the integrity, security, and authenticity of

remote online notarizations;

(2) maintain a backup for the electronic journal

required by Subsection (a) and the recording required by

Subsection (b); and

(3) protect the backup record from unauthorized use.

(d) The electronic journal required by Subsection (a) and

the recording required by Subsection (b) shall be maintained for

at least ten (10) years after the date of the transaction or

proceeding.

(1) The remote online notary public may designate as

custodian of the recording and the electronic journal:

(A) the employer of the remote online notary

public if evidenced by a record signed by the remote

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online notary public and the employer; or

(B) a repository meeting the standards established

by the Attorney General of Guam.

(2) The Attorney General of Guam shall establish:

(A) standards for the retention of a video and

audio copy of the performance of the notarial act;

(B) procedures for preservation of the audio and

video copy and the electronic journal if the remote

online notary public dies or is adjudicated incompetent,

or if the remote online notary public’s commission or

authority to perform notarial acts is otherwise

terminated; and

(C) standards for third party repositories for the

retention of the audio and video copy of the

performance of the notarial act.