§ 49.208

REMOTE ONLINE NOTARIZATION PROCEDURES. A. Before performing a remote online notarial act, a notary public shall: 1. Reasonably identify the electronic record before the notary public as the same electronic record in which the principal made a statement or on which the principal executed or adopted an electronic signature; and2. Take reasonable steps to ensure that the communication technology used in the remote online notarial act is secure from unauthorized interception.B. In performing a remote online notarial act, a notary shall reasonably verify the identity of the principal by:1. The notary public's personal knowledge of the principal;2. Each of the following:a.remote presentation by the principal of a current government-issued identification credential containing the photograph and signature of the principal,b.credential analysis of the identification credential, andc.identity proofing of the principal; or3. Oath or affirmation of a credible witness who personally knows the principal if:a.the credible witness is personally known to the notary public, orb.the notary public has reasonably verified the identity of the credible witness under paragraph 2 of this subsection.C.

rincipal if:a.the credible witness is personally known to the notary public, orb.the notary public has reasonably verified the identity of the credible witness under paragraph 2 of this subsection.C. A notary public may:1. Require a principal or credible witness to provide additional information necessary to assure the notary public of the identity of the principal or credible witness; and2. Refuse to perform a remote online notarial act if the remote online notary public is not satisfied as to the identity of a principal.D. A credible witness under subsection B of this section who is:1. Physically present with a principal at the time of a remote online notarial act may be a remotely located individual if the credible witness and notary public communicate by means of communication technology; or2. Physically present with a notary public at the time of a remote online notarial act may be outside the physical presence of a principal if the credible witness and principal communicate by means of communication technology.E. The certificate of notarial act for a remote online notarization shall indicate that the notarial act was a remote online notarial act performed by means of

te by means of communication technology.E. The certificate of notarial act for a remote online notarization shall indicate that the notarial act was a remote online notarial act performed by means of communication technology. A certificate is sufficient to satisfy the requirement of this subsection if it:1. Complies with standards under Section 4 of this act; or2. Is in a form otherwise sufficient under the laws of this state and contains a statement substantially as follows: 'This remote online notarization involved the use of communication technology.'Added by Laws 2019, c. 338, § 9, eff. Jan. 1, 2020.