Sec. 8. (a) A remote notary public who performs a remote notarial act shall personally do the following:
(1) Enter each remote notarial act in an electronic journal.
(2) Maintain the electronic journal.
(3) Keep the electronic journal in the exclusive control of the remote notary public.
(4) Use commercially reasonable means to prevent unauthorized access to the electronic journal.
(5) Provide for the lawful copying and inspection of the electronic journal.
(b) An employer may not perform the responsibilities described in subsection (a) on behalf of a remote notary public.
(c) A remote notary public may maintain more than one (1) electronic journal.
(d) The following apply to an electronic journal:
(1) Access to the information contained in the electronic journal must be contingent upon the use of a password or other secure means of authentication.
(2) It must be possible to print or produce a tangible record of any entry logged in the electronic journal.
(e) A journal entry for each remote notarial act must consist of the following:
(1) The date and time of the remote notarial act.
(2) The type of remote notarial act.
(3) A title or description of the electronic record for each remote notarial act.
(4) The full name of the principal.
(5) A description of the manner by which the identity of the principal was authenticated or verified.
(6) A description of any credential and the credential's corresponding date of expiration used to authenticate or verify the identity of the principal.
(7) A listing of:
(A) every type of fee; and
(B) every fee amount;
charged by the remote notary public for each remote notarial act.
(8) Any other information required by the secretary of state.
(f) A remote notary public shall not delete, destroy, overwrite, or render inaccessible an electronic journal unless the remote notary public is ordered to do so by the secretary of state or judicial order.
(g) Upon a remote notary public's learning that an electronic journal is lost, stolen, or compromised, the remote notary public shall notify the secretary of state.
(h) A remote notary public who resigns or whose commission expires shall maintain the contents of an electronic journal for at least ten (10) years after the performance of the last recorded remote notarial act.
As added by P.L.59-2018, SEC.64. Amended by P.L.177-2019, SEC.32.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.