§ 33-42-17-6 — Approval of remote notarial act equipment

(a) Technology used by a remote notary
public for use in performing remote notarial acts must first be approved
by the secretary of state.
(b) The secretary of state may approve technology described in
subsection (a) only if the:
(1) technology:
(A) is tamper evident;
(B) allows a remote notarial act to be completed in accordance
with this article;
(C) conforms to rules adopted by the secretary of state under IC 4-22-2; and
(D) if the technology is to be used for a remote notarial act
described in section 4(a) of this chapter, allows for audiovisual
communication between the parties; and
(2) vendor of the technology described in subdivision (1):
(A) uses a backup strategy that is acceptable to the secretary of
state for use as a record keeper for any record that is related to
a remote notarial act; and
(B) signs an agreement with the owner of the backup strategy
described in clause (A) that, in the event that the vendor ceases
business operations, the owner is required to release to the
secretary of state any record described in clause (A).
(c) A remote notary public:
(1) may select one (1) or more technologies approved by the
secretary of state under this section to perform remote notarial
acts; and
(2) may not be required to use a particular technology not
previously selected by the remote notary public.
(d) A remote notary public shall do the following:
(1) Take reasonable steps to ensure that audiovisual technology
used in a remote notarial act is secure from unauthorized
interception.
(2) Not later than thirty (30) days after the change occurs, notify
the secretary of state of any change in technology used by the
remote notary public to perform remote notarial acts.

Legislative History

As added by P.L.59-2018, SEC.64. Amended by P.L.177-2019, SEC.31.