ARTICLE 2. Online Notarization [8231. - 8231.20.]
Article 2 added by Stats. 2023, Ch. 291, Sec. 8.
§§ 8231–8231.20 · 21 sections
- § 8231 (a) This article shall be known, and may be cited, as the Online Notarization Act. (b) An online notarization platform shall not be authorized for use by a…
- § 8231.1 As used in this article, the following terms have the following meanings: (a) “Audio-video communication” means being able to see, hear, and communicate with…
- § 8231.2 (a) The Secretary of State shall adopt rules and regulations necessary to implement this article. The rules and regulations shall set and maintain standards…
- § 8231.3 (a) (1) An applicant for a commission as a notary public may apply for registration with the Secretary of State to perform online notarization by complying…
- § 8231.4 (a) A notary public authorized to perform online notarization and physically located in this state may perform an online notarization that meets the…
- § 8231.5 (a) (1) Pursuant to rules and regulations established by the Secretary of State, a notary public shall record each online notarial act performed by the notary…
- § 8231.6 (a) A notary public shall create an audio-video recording of the audio-visual communication of each online notarial act performed through the online…
- § 8231.7 (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…
- § 8231.8 (a) In performing an online notarization, a notary public authorized to perform online notarizations shall verify the identity of a principal by satisfactory…
- § 8231.9 Fees charged by a notary public for the following services related to an online notarization shall not exceed the fees prescribed by this section. (a) For…
- § 8231.10 Every person appointed as a notary public authorized to perform online notarizations shall execute an official bond in the sum of twenty-five thousand dollars…
- § 8231.11 (a) A notary public authorized to perform online notarization who resigns, is disqualified or removed from office, or allows the notary public’s registration…
- § 8231.12 (a) The Secretary of State may approve registrations of notaries public authorized to perform online notarizations for the military and naval reservations of…
- § 8231.13 A person who, without authorization, knowingly obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software, or hardware…
- § 8231.14 (a) A person or entity shall apply for registration with the Secretary of State to be an online notarization platform or depository as prescribed by the…
- § 8231.15 (a) An online notarization platform or depository shall not have access to a notary public’s electronic signature or electronic seal. (b) An online…
- § 8231.16 (a) The Secretary of State may refuse to appoint any person as a notary public or may revoke or suspend the commission of any notary public for a violation of…
- § 8231.17 (a) For a violation of any provision of this article, an online notarization platform or depository is liable in civil action to the persons injured thereby…
- § 8231.18 (a) As used in this section, the following terms have the following meanings: (1) “Audio-video communication” means being able to see, hear, and communicate…
- § 8231.19 Any waiver of the provisions of this article is contrary to public policy and is void and unenforceable.
- § 8231.20 The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other…