Oklahoma Enacts Remote Online Notary Act
The state of Oklahoma has recently enacted the Remote Online Notary Act with Senate Bill 915. The Act lays out remote online notarization procedures, explains the use of electronic signatures and seals, and sets remote notary fees. These provisions become effective on January 1, 2020.
The Oklahoma Remote Online Notary Act has been created to allow notary publics to certify electronic documents. Notaries must register with the Secretary of State to receive authorization to conduct remote notarization and must pay a fee of $25.00 to the Secretary’s office. Applicants must submit a form with certain information described in the Act.
A notary performing an online notarization is required to verify that the document is in a tamper-evident format and contains no signature-related errors. The notary must also personally print the paper and ensure no changes are made other than indicating that the document is certified by the notary. The certified document may then be submitted to state and county officials if a certified document is required. A notary must also maintain a journal in a permanent, tamper-evident electronic format complying with standards promulgated by the Secretary, in which the notary records all remote online notarial acts that he or she performs. The notary is further required to create an audio and visual recording of the performance of each remote online notarial act.
Submitted notarizations may be denied by the Secretary if the Secretary deems the technology insufficient, or if the notary violated any part of the Act, or any current laws and rules governing professional behavior. A notary renewing his or her commission shall also constitute a renewal of his or her authority to notarize electronic documents.
The Secretary is directed by the Act to promulgate rules governing electronic document certification. The rules will address what tools may be used to validate documents, storage of electronic documents, creating forms for remote online notarizations, and other matters deemed necessary by the Secretary.
Zachary Pearlstein, JD, is a Regulatory Compliance Director with CLA's Mortgage Advisory Division. He joined CLA on January 1, 2014, as part of its acquisition of Bankers Advisory, Inc. Zachary oversees Mortgage Advisory's regulatory compliance team, which focuses on federal and state compliance, fair lending, and the Home Mortgage Disclosure Act (HMDA). He is a graduate of Brandeis University and earned his juris doctor at Suffolk University Law School. He is admitted to the Massachusetts Bar.
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