75 Ind. Admin. Code 7-8-2

Current through December 4, 2024
Section 75 IAC 7-8-2 - Remote notarial act system

Authority: IC 33-42-16-2

Affected: IC 33-42-17-6

Sec. 2.

A remote notary system used to perform remote notarial acts by means of audio visual communication must:

(1) provide for real time audio visual feeds;
(2) provide sufficient video resolution and audio clarity to enable the remote notary public and the principal to see and speak to each other simultaneously through real time transmission;
(3) provide sufficient captured image resolution for credential analysis to be performed;
(4) include a means of authentication that reasonably ensures only the proper parties have access to the audio visual communication;
(5) provide some manner of ensuring that the electronic record that is subject to the remote notarial act is the same record electronically signed by the principal;
(6) securely create, store, and transmit an electronic recording of the audio visual communication, maintaining the confidentiality of any identity proofing responses or analysis; and
(7) provide reasonable security measures to prevent unauthorized access to:
(A) the real time transmission of the audio visual communication;
(B) a recording of the audio visual communication;
(C) the verification methods and credentials used to verify the identity of the principal; and
(D) the electronic documents presented for electronic notarization.

75 IAC 7-8-2

Secretary of State; 75 IAC 7-8-2; filed 3/26/2020, 1:09 p.m.: 20200401-IR-075190329FRA, eff 3/31/2020, see Executive Order 20-15