Oklahoma § 49-206 - Electronic record of remote online notarial acts

§ 49-206. Electronic record of remote online notarial acts

ELECTRONIC RECORD OF REMOTE ONLINE NOTARIAL ACTS. A. A notary

public shall maintain a journal in a permanent, tamper-evident

electronic format complying with standards promulgated by the

Secretary of State in which the notary public chronicles all remote

online notarial acts that the notary public performs. An entry in a

journal shall be made contemporaneously with the performance of the

remote online notarial act and contain the following information:

1. The date and time of the remote online notarial act;

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

act;

3. The full name and address of each principal for whom the

notarial act is performed;

4. If the identity of the principal is based on personal

knowledge, a statement to that effect;

5. If identity of the principal is based on credential analysis

and identity proofing, a brief description of the results of the

identity verification process and the identification credential

remotely presented, including the date of issuance and expiration of

the identification credential;

6. If identity of the principal is based on oath or affirmation

of a credible witness, the information identified in paragraph 4 or

5 of this subsection, as applicable, that provided a basis for the

notary public's identification of the credible witness, a statement

of the basis by which the credible witness claims personal knowledge

of the principal, the location of the credible witness, and the full

name and address of the credible witness; and

Oklahoma Statutes - Title 49. Notaries Public

7. The 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 notarial acts;

2. Maintain a backup of the journal and the audio and visual

recording; and

3. Protect the backup from unauthorized use.

D. A notary public, a guardian, conservator or agent of the

notary public, or a personal representative of a deceased notary

public shall retain the journal and the audio and visual recording

or cause the journal and the recording to be retained by a

depository designated by or on behalf of the person required to

retain the journal and the recording. The recording shall be

retained for at least ten (10) years from the date of the remote

online notarial act. The journal shall be retained for at least ten

(10) years after the performance of the last remote online notarial

act chronicled in the journal.

Added by Laws 2019, c. 338, § 7, eff. Jan. 1, 2020.