Oklahoma § 49-208 - Remote online notarization procedures

§ 49-208. Remote online notarization procedures

REMOTE ONLINE NOTARIZATION PROCEDURES. A. Before performing a

remote online notarial act, a notary public shall:

1. Reasonably identify the electronic record before the notary

public as the same electronic record in which the principal made a

statement or on which the principal executed or adopted an

electronic signature; and

2. Take reasonable steps to ensure that the communication

technology used in the remote online notarial act is secure from

unauthorized interception.

B. In performing a remote online notarial act, a notary shall

reasonably verify the identity of the principal by:

1. The notary public's personal knowledge of the principal;

2. Each of the following:

a.

remote presentation by the principal of a current

government-issued identification credential containing

the photograph and signature of the principal,

b.

credential analysis of the identification credential,

and

c.

identity proofing of the principal; or

3. Oath or affirmation of a credible witness who personally

knows the principal if:

a.

the credible witness is personally known to the notary

public, or

b.

the notary public has reasonably verified the identity

of the credible witness under paragraph 2 of this

subsection.

C. A notary public may:

1. Require a principal or credible witness to provide

additional information necessary to assure the notary public of the

identity of the principal or credible witness; and

2. Refuse to perform a remote online notarial act if the remote

online notary public is not satisfied as to the identity of a

principal.

Oklahoma Statutes - Title 49. Notaries Public

D.

A credible witness under subsection B of this section who

is:

1. Physically present with a principal at the time of a remote

online notarial act may be a remotely located individual if the

credible witness and notary public communicate by means of

communication technology; or

2. Physically present with a notary public at the time of a

remote online notarial act may be outside the physical presence of a

principal if the credible witness and principal communicate by means

of communication technology.

E. The certificate of notarial act for a remote online

notarization shall indicate that the notarial act was a remote

online notarial act performed by means of communication technology.

A certificate is sufficient to satisfy the requirement of this

subsection if it:

1. Complies with standards under Section 4 of this act; or

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."

Added by Laws 2019, c. 338, § 9, eff. Jan. 1, 2020.