Okla. Stat. tit. 49 § 206

Current through Laws 2024, c. 453.

Section 206 - 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

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.

Okla. Stat. tit. 49, § 206

Added by Laws 2019 , c. 338, s. 7, eff. 1/1/2020.