41-355. Duties; electronic notarization in presence of electronic notary

A. Electronic notaries public shall perform the following electronic notarial acts when requested:

1. Take electronic acknowledgments.

2. Administer oaths and affirmations relating to electronic documents and electronic notarial acts.

3. Perform jurats relating to electronic documents and electronic notarial acts.

4. Educate notary service electronic signature certificate applicants about the responsibilities and consequences of the use of the certificate.

5. Administer an oath or affirmation that the notary service electronic signature certificate applicant understands the responsibilities and consequences of using a notary service electronic signature certificate to sign a notary service electronic document and that the electronic signature certificate has the same legal force and effect as any notarial act made before a notary public pursuant to article 2 of this chapter.

6. Register the notary service electronic signature certificate applicant for the issuance of a notary service electronic signature certificate that has a maximum useful life of two years.

B. A notarized electronic document that is completed in the presence of an electronic notary consists of the following:

1. A complete electronic document.

2. A signature or mark that is affixed to the document by the signer.

3. A time and date statement that is contained within the electronic notary token.

4. An electronic notary token that is affixed by the electronic notary to the document.

C. On completion of the notarized electronic document, any change to any of the elements prescribed in subsection B of this section invalidates the notarized electronic document.

D. An electronic notary public shall:

1. Keep, maintain and protect as a public record a journal of all official acts performed by the notary as prescribed in section 41-361 and in the form prescribed by the secretary of state.

2. Provide and keep the materials and processes to create an electronic notary token as approved by the secretary of state.

3. Authenticate with the electronic notary token all official acts and affix the date of the expiration of the notary's commission as an electronic notary on every document that the electronic notary electronically signs.

4. Respond to any requests for information and comply with any investigations that are initiated by the secretary of state or the office of the attorney general.

41-355. Duties; electronic notarization in presence of electronic notary

A. Electronic notaries public shall perform the following electronic notarial acts when requested:

1. Take electronic acknowledgments.

2. Administer oaths and affirmations relating to electronic documents and electronic notarial acts.

3. Perform jurats relating to electronic documents and electronic notarial acts.

4. Educate notary service electronic signature certificate applicants about the responsibilities and consequences of the use of the certificate.

5. Administer an oath or affirmation that the notary service electronic signature certificate applicant understands the responsibilities and consequences of using a notary service electronic signature certificate to sign a notary service electronic document and that the electronic signature certificate has the same legal force and effect as any notarial act made before a notary public pursuant to article 2 of this chapter.

6. Register the notary service electronic signature certificate applicant for the issuance of a notary service electronic signature certificate that has a maximum useful life of two years.

B. A notarized electronic document that is completed in the presence of an electronic notary consists of the following:

1. A complete electronic document.

2. A signature or mark that is affixed to the document by the signer.

3. A time and date statement that is contained within the electronic notary token.

4. An electronic notary token that is affixed by the electronic notary to the document.

C. On completion of the notarized electronic document, any change to any of the elements prescribed in subsection B of this section invalidates the notarized electronic document.

D. An electronic notary public shall:

1. Keep, maintain and protect as a public record a journal of all official acts performed by the notary as prescribed in section 41-361 and in the form prescribed by the secretary of state.

2. Provide and keep the materials and processes to create an electronic notary token as approved by the secretary of state.

3. Authenticate with the electronic notary token all official acts and affix the date of the expiration of the notary's commission as an electronic notary on every document that the electronic notary electronically signs.

4. Respond to any requests for information and comply with any investigations that are initiated by the secretary of state or the office of the attorney general.