Record-Keeping Requirements for Online Notaries
Does an online notary have to keep a record of all notarizations?
Yes. An online notary public is required to keep a record of all online notarizations. The electronic record must include the following for each notarization:
- (1) the date and time of the notarization;
- (2) the type of notarial act;
- (3) the type, the title, or a description of the electronic document or proceeding;
- (4) the printed name and address of each principal involved in the transaction or proceeding;
- (5) evidence of identity of each principal involved in the transaction or proceeding in the form of:
- (A) a statement that the person is personally known to the online notary public;
- (B) a notation of the type of identification document provided to the online notary public;
- (C) a record of the identity verification made under Section 406.110, if applicable; or
- (D) the following:
- (i) the printed name and address of each credible witness swearing to or affirming the person's identity; and
- (ii) for each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public;
- (6) a recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence; and
- (7) the fee, if any, charged for the notarization.
What is required to be contained on the recording of the audio-visual conference?
- The recording of the audio-visual conference should include establishment of identity of the principal.
- If the principal is personally known to the notary public, the notary should make a statement to that effect. A best practice would be to provide some information about how/how long the notary and principal have known each other. For example: My name is Joe Smith. Appearing before me to have her signature notarized is Jane Thomas. I personally know Jane. She and I have worked together for five years and we used to work in the same office.
- If the principal has been identified using identity proofing and credential analysis, the notary should review the results of the credential analysis, including the credential presented. The notary should make a statement that the principal has passed identity proofing and credential analysis and should use the credential presented to make a visual comparison between the credential itself and the principal as viewed through the real-time audio-visual transmission.
- The recording of the audio-visual conference should also include actual notarial act itself.
The recording is not required to include a copy of the documents being notarized, an image of the credential used for credential analysis, or the questions or answers used during identity proofing. This information would all be considered confidential and should not be recorded. If any biometric information or images of the identification card used for credential analysis is recorded, that portion of the recording must not be released without the consent of the individual whose identity is being established, unless ordered by a court or requested by the secretary of state.
How long do I have to keep the records of an online notarization?
You must keep the original recording and a back-up of the recording for five years following the date of the notarization. However, it is a best practice to retain the records indefinitely.
Where should I keep the records of an online notarization?
The record of an online notarization and back up should be kept under the exclusive control of the notary and maintained in computers or other storage devices that are capable of recording the required information. An online notary may contract with a third party to store the recordings if the third party:
- Has provided reasonable evidence to the online notary public that it is capable of providing such services; and
- Provides complete access to the online notary public of all the notary’s records for, at minimum, the retention period.
If the contract between the third party and the notary public is terminated, all records must be transferred to the online notary public.
Do I have to provide copies of the audio-visual recording to the public?
Yes. The records of a notarization are public information, including the audio-visual recording. A notary should be prepared to provide copies of the records upon request and payment of fees. Fees for a copy of a record or paper in the notary public’s office is $.50 per page. For a certified copy, add $6.00 for a certificate.
