§ 21-14-310 — Electronic record of online notarial acts

(a) (1) An electronic notary public performing an online notarial act shall keep a secure electronic record of electronic documents notarized. (2) The electronic record shall contain for each online notarial act: (A) The date and time of the online notarial act; (B) The type of online notarial act; (C) The type, the title, or a description of the electronic document or proceeding; (D) The printed name and address of each principal involved in the transaction or proceeding; (E) Evidence of identity of each principal involved in the transaction or proceeding in the form of: (i) A statement that the person is personally known to the online notary public; (ii) A notation of the type of identification document provided to the online notary public; (iii) A record of the identity verification made under § 21-14-309 , if applicable; or (iv) The following: (a) The printed name and address of each credible witness swearing to or affirming the person's identity; and (b) For each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public; (F) A recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence; (G) An audio and video copy of the performance of the notarial act; and (H) The fee, if any, charged for the notarization. (b) A notary public shall take reasonable steps to: (1) Ensure the integrity, security, and authenticity of online notarial acts; (2) Maintain a backup for the electronic record required by subsection (a) of this section; and (3) Protect the backup record from unauthorized use. (c) The electronic record required by subsection (a) of this section shall be maintained for at least five (5) years after the date of the transaction or proceeding.

Legislative History

Added by Act 2021, No. 1047,§ 7, eff. 4/29/2021.