§ 42-30.1-12.1. Notarial act performed for remotely located individual.
(a) A remotely located individual may comply with § 42-30.1-5 by using communication technology to appear before a notary public.
(b) A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if:
(1) The notary public:
(i) Has personal knowledge under § 42-30.1-6(a) of the identity of the individual;
(ii) Has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under § 42-30.1-6(b)(2); or
(iii) Has obtained satisfactory evidence of the identity of the remotely located individual by using at least two (2) different types of identity proofing;
(2) The notary public is reasonably able to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature;
(3) The notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act; and
(4) For a remotely located individual located outside the United States:
(i) The record:
(A) Shall be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or
(B) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
(ii) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.
(c) If a notarial act is performed under this section, the certificate of notarial act required by § 42-30.1-12.2 and the short-form certificate provided in § 42-30.1-12.2 must indicate that the notarial act was performed using communication technology.
(d) A short-form certificate provided in § 42-30.1-12.2(g) for a notarial act subject to this section is sufficient if it:
(1) Complies with rules adopted under subsection (g)(1) of this section; or
(2) Is in the form provided in § 42-30.1-12.2(g) and contains a statement substantially as follows: “This notarial act involved the use of communication technology.”
(e) A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public shall retain the audio-visual recording created under subsection (b)(3) of this section, or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under subsection (g)(4) of this section, the recording must be retained for a period of at least ten (10) years after the recording is made.
(f) Before a notary public performs the notary public’s initial notarial act under this section, the notary public must notify the commissioning agency that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the commissioning agency has established standards under subsection (g) of this section for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards.
History of Section.
P.L. 2022, ch. 438, § 3, effective June 30, 2022; P.L. 2022, ch. 439, § 3, effective June 30, 2022.