§ 8231.7. — 8231.7. (Added by Stats. 2023, Ch. 291, Sec. 8.)

California § 8231.7.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 1.
• Title 2.: DIVISION 1. GENERAL
• Ch. 3.: CHAPTER 3. Notaries Public
• Art. 2.: ARTICLE 2. Online Notarization

Text

(a)
A notary public shall take reasonable steps to ensure that any registered device used to create an electronic signature or electronic seal is current and has not been revoked or terminated by the device’s issuing or registering authority.
(b)
(1)
Notwithstanding Section 8207, when a notary public’s electronic signature is required to be accompanied by a notary public’s electronic seal, that requirement is satisfied if the electronic seal of the notary public contains all
of the following:
(A)
The name of the notary public.
(B)
The Great Seal of the State of California.
(C)
The words “Notary Public.”
(D)
The name of the county where the bond and oath of office of the notary public are filed.
(E)
The date the notary public’s commission expires.
(F)
The notary public’s commission number.
(G)
The sequential identification number assigned to the manufacturer or vendor of the notary public’s electronic seal.
(2)
The seal may be circular not over two inches in diameter or may be rectangular not more than one inch in width by two and one-half inches in length.
(c)
A manufacturer or vendor of the notary public’s electronic seal shall apply to the Secretary of State to be assigned an identification number through an application process prescribed by the Secretary of State. The electronic seal shall meet the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article.
(d)
(1)
Notwithstanding Section 8207, a notary public authorized to
perform online notarizations shall keep the notary public’s electronic signature and electronic seal in a secure encrypted manner under the direct and exclusive control of the notary public. For purposes of satisfying the requirements of this paragraph the notary public’s electronic signature and electronic seal may be kept on a storage device or online media that is accessed by the notary public with a secure means of multifactor authentication and protected by, at minimum, security requirements as set forth by the Secretary of State. The notary public shall not allow another person to access or use the notary public’s electronic signature or electronic seal. The notary public shall take all reasonable steps to
protect the notary public’s electronic signature and electronic seal from unauthorized disclosure, access, or use.
(2)
A notary public shall provide the Secretary of State with a copy of the notary public’s electronic signature and electronic seal as prescribed by the Secretary of State.
(e)
A notary public shall attach or logically associate the notary public’s electronic signature and electronic seal to an electronic online notarial certificate of an electronic record in a manner that is capable of independent verification and makes evident any tampering or subsequent change or modification to the electronic record
that has occurred.
(f)
A notary public shall immediately notify the Secretary of State, using a notification process designated by the Secretary of State, and all appropriate law enforcement agencies of the unauthorized use or access by or disclosure to another person, loss, compromise, theft, vandalism, corruption, or breach of the notary public’s electronic signature or electronic seal.

Legislative History

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