64-409. Electronic record; contents; online notary public; duties; retention period.
(1) An online notary public shall keep a secure electronic record of electronic documents notarized by the online notary public. For each online notarial act, the electronic record shall contain:
(a) The date and time of the online notarial act;
(b) The type of online notarial act;
(c) The type, title, or description of the electronic document or proceeding;
(d) The printed name and address of each principal involved in the transaction or proceeding;
(e) Evidence of identity of each principal involved in the transaction or proceeding in the form of:
(i) A statement that the principal is personally known to the online notary public;
(ii) A notation of the type of identification document provided to the online notary public;
(iii) A record of the identity verification made under section 64-411; or
(iv) The following:
(A) The printed name and address of each credible witness swearing to or affirming the principal's identity; and
(B) 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;
(f) A recording of any video and audio conference of the performance of the online notarial act, which shall not contain images of the documents that were notarized; and
(g) The fee, if any, charged for the online notarial act.
(2) The online notary public shall take reasonable steps to:
(a) Ensure the integrity, security, and authenticity of online notarial acts;
(b) Maintain a backup for the secure electronic record required by this section; and
(c) Protect the secure electronic record and backup record from unauthorized use.
(3) The electronic record and backup record required by this section shall be maintained for at least ten years after the date of the transaction or proceeding. The online notary public shall not surrender or destroy the record except as required by a court order or as allowed under rules and regulations adopted and promulgated by the Secretary of State.
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