§49-213. Applicable law – Conflict of laws.
APPLICABLE LAW; CONFLICT OF LAWS. A. The validity of a remote online notarization performed under the Remote Online Notary Act is determined by applying the laws of this state, regardless of the physical location of the principal at the time of the remote online notarization. B. In the event of a conflict between a provision […]
§49-214. Relation to Electronic Signatures In Global And National Commerce Act.
RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. The Remote Online Notary Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.) but does not modify, limit or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery […]
§49-206. Electronic record of remote online notarial acts.
ELECTRONIC RECORD OF REMOTE ONLINE NOTARIAL ACTS. A. A notary public shall maintain a journal in a permanent, tamper-evident electronic format complying with standards promulgated by the Secretary of State in which the notary public chronicles all remote online notarial acts that the notary public performs. An entry in a journal shall be made contemporaneously […]
§49-207. Use of electronic signature and seal.
USE OF ELECTRONIC SIGNATURE AND SEAL. A. In performing a remote online notarial act, a notary public shall attach or logically associate the notary public’s electronic signature and electronic seal to the certificate of notarial act in a tamper-evident format. The electronic seal shall be capable of being copied together with the electronic record to […]
§49-208. Remote online notarization procedures.
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; and 2. Take reasonable steps to […]
§49-114. Person who may perform notarial acts – Federal acts – Genuineness of signature.
A. A notarial act may be performed within this state by the following persons: 1. a notary public of this state; 2. a judge, secretary-bailiff of a judge, clerk, or deputy clerk of any court of this state; 3. all judge advocates, staff judge advocates, assistant judge advocates and all legal officers of the state […]
§49-209. Fees.
FEES. A notary public, or a person acting for or on behalf of a notary public, may charge and collect a fee not to exceed Twenty-five Dollars ($25.00) for a remote online notarial act. Added by Laws 2019, c. 338, § 10, eff. Jan. 1, 2020.
§49-115. Notarial acts performed in another state, commonwealth, territory, district, or possession of the United States.
A. A notarial act has the same effect pursuant to the laws of this state as if performed by a notarial officer of this state, if performed in another state, commonwealth, territory, district, or possession of the United States by any of the following persons: 1. a notary public of that jurisdiction; 2. a judge, […]
§49-210. Termination of notary public’s commission.
TERMINATION OF NOTARY PUBLIC’S COMMISSION. A. Except as provided by subsection B of this section, a notary public authorized to perform remote online notarial acts whose commission is terminated or revoked shall destroy the coding, disk, certificate, card, software or password that enables the notary public to attach or logically associate the notary public’s electronic […]
§49-116. Notarial acts performed by certain federal officers.
A. A notarial act has the same effect pursuant to the laws of this state as if performed by a notarial officer of this state if performed anywhere by any of the following persons under authority granted by the law of the United States: 1. a judge, clerk, or deputy clerk of a court; 2. […]