§ 21-14-306 — Form and manner of performing electronic notarial act

(a) An electronic notarial act shall be executed through an approved solution provider. (b) When performing an electronic notarial act, an electronic notary public shall: (1) Complete an electronic notarial certificate that shall include all information necessary in a paper-based notarization under § 21-14-107 ; and (2) (A) Attach his or her electronic signature and seal to the certificate in a tamper-evident manner. (B) Evidence of tampering may be used as proof by the Secretary of State to determine whether the electronic notarial act is valid or invalid. (c) The electronic signature of an electronic notary public is reliable if the electronic seal is: (1) Unique to the electronic notary public; (2) Capable of independent verification; (3) Retained under the sole control of the electronic notary public; and (4) Attached to or associated with the electronic document in a tamper-evident manner. (d) (1) The electronic signature of an electronic notary public in combination with the electronic notary seal shall be used only for the purpose of performing an electronic notarial act. (2) The electronic notary public shall not disclose access information used to affix the electronic signature of the electronic notary public except when requested by: (A) Law enforcement; (B) The courts; or (C) An electronic document preparation and transmission vendor. (3) Control of security aspects remains under the sole control of the commissioned electronic notary public, and include without limitation: (A) Passwords; (B) Token devices; (C) Biometrics; (D) Personal identification numbers; and (E) Phrases. (e) The liability, sanctions, and remedies for the improper performance of electronic notarial acts are the same under the law for the improper performance of a notarial act performed by a traditional notary public under §§ 21-14-111 - 21-14-113 .

Legislative History

Added by Act 2017, No. 306,§ 1, eff. 8/1/2017.