§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 […]
§49-202. Definitions.
DEFINITIONS. As used in the Remote Online Notary Act: 1. “Communication technology” means an electronic device or process that allows a notary public and a remotely located individual to communicate with each other by sight and sound; 2. “Credential analysis” means a process or service that meets the standards under Section 4 of this act […]
§49-203. Rulemaking – Administration of standards.
RULEMAKING; ADMINISTRATION OF STANDARDS. A. The Secretary of State shall promulgate rules to implement and ensure the effective administration of the provisions of Sections 1 through 15 of this act and Sections 1 through 12 of Title 49 of the Oklahoma Statutes. The rules shall provide standards for: 1. Ensuring integrity in the creation, transmittal, […]
§49-204. Registration required.
REGISTRATION REQUIRED. A. A notary public appointed and commissioned under Section 1 of Title 49 of the Oklahoma Statutes may perform remote online notarizations under Title 49 of the Oklahoma Statutes if authorized by the Secretary of State. Before a notary public performs the notary public’s initial remote online notarization, the notary public shall register […]
§49-205. Authority to perform remote online notarial acts.
AUTHORITY TO PERFORM REMOTE ONLINE NOTARIAL ACTS. A notary public physically located in this state and authorized to perform remote online notarizations under Section 5 of this act may perform a notarial act by means of communication technology for a remotely located individual who is physically located: 1. In this state; 2. Outside this state […]
§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 […]