Indiana § 33-42-17-8 Electronic journal

Indiana Statutes

§ 33-42-17-8 — Electronic journal

Indiana·Art. 42 NOTARIES PUBLIC·Ch. 17 Remote Notarial Acts

(a)A remote notary public who performs a remote notarial act shall personally do the following:

(1)Enter each remote notarial act in an electronic journal.

(2)Maintain the electronic journal.

(3)Keep the electronic journal in the exclusive control of the remote notary public.

(4)Use commercially reasonable means to prevent unauthorized access to the electronic journal.

(5)Provide for the lawful copying and inspection of the electronic journal.

(b)An employer may not perform the responsibilities described in subsection (a) on behalf of a remote notary public.

(c)A remote notary public may maintain more than one (1) electronic journal.

(d)The following apply to an electronic journal:

(1)Access to the information contained in the electronic journal must be contingent upon the use of

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(a) A remote notary public who performs a
remote notarial act shall personally do the following:
(1) Enter each remote notarial act in an electronic journal.
(2) Maintain the electronic journal.
(3) Keep the electronic journal in the exclusive control of the
remote notary public.
(4) Use commercially reasonable means to prevent unauthorized
access to the electronic journal.
(5) Provide for the lawful copying and inspection of the electronic
journal.
(b) An employer may not perform the responsibilities described in
subsection (a) on behalf of a remote notary public.
(c) A remote notary public may maintain more than one (1)
electronic journal.
(d) The following apply to an electronic journal:
(1) Access to the information contained in the electronic journal
must be contingent upon the use of a password or other secure
means of authentication.
(2) It must be possible to print or produce a tangible record of any
entry logged in the electronic journal.
(e) A journal entry for each remote notarial act must consist of the
following:
(1) The date and time of the remote notarial act.
(2) The type of remote notarial act.
(3) A title or description of the electronic record for each remote
notarial act.
(4) The full name of the principal.
(5) A description of the manner by which the identity of the
principal was authenticated or verified.
(6) A description of any credential and the credential's
corresponding date of expiration used to authenticate or verify the
identity of the principal.
(7) A listing of:
(A) every type of fee; and
(B) every fee amount;
charged by the remote notary public for each remote notarial act.
(8) Any other information required by the secretary of state.
(f) A remote notary public shall not delete, destroy, overwrite, or
render inaccessible an electronic journal unless the remote notary
public is ordered to do so by the secretary of state or judicial order.
(g) Upon a remote notary public's learning that an electronic journal
is lost, stolen, or compromised, the remote notary public shall notify
the secretary of state.
(h) A remote notary public who resigns or whose commission
expires shall maintain the contents of an electronic journal for at least
ten (10) years after the performance of the last recorded remote notarial
act.