§ 8231.4. — 8231.4. (Added by Stats. 2023, Ch. 291, Sec. 8.)

(a)
A notary public authorized to perform online notarization and physically located in this state may perform an online notarization that meets the requirements of this article and the rules and regulations adopted by the Secretary of State pursuant to this article for a principal who is located in any of the following places:
(1)
Within this state.
(2)
Outside this state but within the United States.
(3)
Outside the United States if the act is not prohibited in the jurisdiction in which the principal is physically located at the time of the act.
(b)
(1)
A requirement under any law of this state that a principal appear before or in the presence of the notary public shall be satisfied by appearing by means of audio-video communication before a notary public authorized to perform online notarization in compliance with the
requirements of this article and the rules or regulations adopted by the Secretary of State pursuant to this article.
(2)
Audio-video communication with a notary public authorized to perform online notarization shall consist of continuous, synchronous audio and video feeds with adequate clarity such that all participants can be clearly seen and understood at all times. The notary public shall terminate the session if, in the notary public’s judgment, the adequacy of communications is insufficient for all participants to be clearly seen and understood at all times.
(3)
The notary public, by use of the online notarization system, shall create the audio-video recording required by Section
8231.6.
(c)
A requirement under Section 8205 that a certificate of acknowledgment or proof, or a deposition, affidavit, oath, or affirmation, or certification of a copy, be signed in the notary public’s own handwriting, is satisfied by the notary public’s electronic signature if the notarial act is performed by online notarization.

Legislative History

Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.