Okla. Stat. tit. 49 § 204

Current through Laws 2024, c. 453.

Section 204 - Registration required

A. A notary public appointed and commissioned under Section 1 of Title 49 of the Oklahoma Statutes may perform remote online notarizations under Title 49 of the Oklahoma Statutes if authorized by the Secretary of State. Before a notary public performs the notary public's initial remote online notarization, the notary public shall register with the Secretary of State under subsection C of this section and receive written authorization from the Secretary of State under subsection D of this section. An individual may apply for a commission under Section 1 of Title 49 of the Oklahoma Statutes and apply for registration under this section at the same time.

B. A notary public applying to register to perform remote online notarizations shall pay a fee of Twenty-five Dollars ($25.00) to the Secretary of State with the application. These funds shall be deposited in the revolving fund created for the Secretary of State under Section 276.1 of Title 62 of the Oklahoma Statutes.

C. A notary public registering to perform remote online notarizations under this section shall submit a completed application using the forms or format required by the Secretary of State that shall include:

1. The full legal name of the applicant and the applicant's official name as it appears on the applicant's notarial commission under Section 1 of Title 49 of the Oklahoma Statutes;

2. A description of the technology the applicant intends to use in performing remote online notarizations;

3. A statement that the applicant will comply with the standards under Section 4 of this act; and

4. Any other information the Secretary of State may by rule require.

D. If the technology identified by the applicant conforms to the standards under Section 4 of this act and the applicant has satisfied the requirements of this section, the Secretary of State shall approve the use of the technology and issue to the applicant written authorization to perform remote online notarizations during the term of the applicant's notarial commission under Section 1 of Title 49 of the Oklahoma Statutes.

E. The Secretary of State may deny a notary public's application for registration under this section:

1. For a reason for which the Secretary of State may deny, refuse to renew or revoke a commission under subsection A of Section 12 of Title 49 of the Oklahoma Statutes;

2. For a violation of the rules under Section 4 of this act;

3. If the technology identified by the notary public does not conform to the standards under Section 4 of this act; or

4. If any information on the application is missing, inaccurate or incomplete.

F. The term of a notary public's authorization to perform remote online notarizations begins on the authorization date set by the Secretary of State and terminates on the commission's expiration date. The renewal of a notary public's commission pursuant to Section 1 of Title 49 of the Oklahoma Statutes shall not constitute the renewal of the notary public's authorization to perform remote online notarizations under this section.

G. A notary public's authorization to perform remote online notarizations terminates if:

1. The notary public's name changes during the term of the notary public's commission; and

2. The notary public elects to use the notary public's new name under a new commission pursuant to paragraph 2 of subsection B of Section 11 of Title 49 of the Oklahoma Statutes.

H. Nothing in this section shall be construed as prohibiting a notary public from receiving, installing or utilizing a hardware or software update to the technology that the notary public identified under this section if the hardware or software update does not result in a technology that is materially different from the technology that the notary public identified under this section.

Okla. Stat. tit. 49, § 204

Added by Laws 2019 , c. 338, s. 5, eff. 1/1/2020.