§49-208. Remote online notarization procedures.
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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.
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.