A. A notary shall exercise reasonable care in the performance of his dutiesgenerally. He shall exercise a high degree of care in ascertaining theidentity of any person whose identity is the subject of a notarial act.
B. Unless such person is personally known by the notary, identity shall beascertained upon presentation of satisfactory evidence of identity as definedin this title.
C. A notary performing electronic notarial acts shall keep, maintain,protect, and provide for lawful inspection an electronic record of notarialacts that contains at least the following for each notarial act performed:(i) the date and time of day of the notarial act; (ii) the type of notarialact; (iii) the type, title, or a description of the document or proceeding;(iv) the printed name and address of each principal; (v) the evidence ofidentity of each principal in the form of either a statement that the personis personally known to the notary, a notation of the type of identificationdocument, which may be a copy of the driver's license or other photographicimage of the individual's face, or the printed name and address of eachcredible witness swearing or affirming to the person's identity, and, forcredible witnesses who are not personally known to the notary or electronicnotary, a description of the type of identification documents relied on bythe notary; and (vi) the fee, if any, charged for the notarial act. Theelectronic notary shall take reasonable steps to (i) ensure the integrity,security, and authenticity of electronic notarizations, (ii) maintain abackup for his electronic record of notarial acts, and (iii) ensureprotection of such backup records from unauthorized use. The electronicrecord of an electronic notarial act shall be maintained for a period of atleast five years from the date of the transaction.
D. A notary performing electronic notarial acts shall take reasonable stepsto ensure that any registered device used to create an electronic signatureis current and has not been revoked or terminated by its issuing orregistering authority.
E. A notary performing electronic notarial acts shall keep his record,electronic signature, and physical and electronic seals secure under hisexclusive control and shall not allow them to be used by any other notary orany other person.
F. A notary performing electronic notarial acts shall use the notary'selectronic signature only for the purpose of performing electronic notarialacts.
G. A notary performing electronic notarial acts, immediately upon discoveringthat the notary's record, electronic signature, or physical or electronicseal has been lost, stolen, or may be otherwise used by a person other thanthe notary, shall (i) inform the appropriate law-enforcement agency in thecase of theft or vandalism and (ii) notify the Secretary in writing andsigned in the official name in which he was commissioned.
(1980, c. 580; 2002, c. 379; 2007, cc. 269, 590; 2008, cc. 117, 814.)
A. A notary shall exercise reasonable care in the performance of his dutiesgenerally. He shall exercise a high degree of care in ascertaining theidentity of any person whose identity is the subject of a notarial act.
B. Unless such person is personally known by the notary, identity shall beascertained upon presentation of satisfactory evidence of identity as definedin this title.
C. A notary performing electronic notarial acts shall keep, maintain,protect, and provide for lawful inspection an electronic record of notarialacts that contains at least the following for each notarial act performed:(i) the date and time of day of the notarial act; (ii) the type of notarialact; (iii) the type, title, or a description of the document or proceeding;(iv) the printed name and address of each principal; (v) the evidence ofidentity of each principal in the form of either a statement that the personis personally known to the notary, a notation of the type of identificationdocument, which may be a copy of the driver's license or other photographicimage of the individual's face, or the printed name and address of eachcredible witness swearing or affirming to the person's identity, and, forcredible witnesses who are not personally known to the notary or electronicnotary, a description of the type of identification documents relied on bythe notary; and (vi) the fee, if any, charged for the notarial act. Theelectronic notary shall take reasonable steps to (i) ensure the integrity,security, and authenticity of electronic notarizations, (ii) maintain abackup for his electronic record of notarial acts, and (iii) ensureprotection of such backup records from unauthorized use. The electronicrecord of an electronic notarial act shall be maintained for a period of atleast five years from the date of the transaction.
D. A notary performing electronic notarial acts shall take reasonable stepsto ensure that any registered device used to create an electronic signatureis current and has not been revoked or terminated by its issuing orregistering authority.
E. A notary performing electronic notarial acts shall keep his record,electronic signature, and physical and electronic seals secure under hisexclusive control and shall not allow them to be used by any other notary orany other person.
F. A notary performing electronic notarial acts shall use the notary'selectronic signature only for the purpose of performing electronic notarialacts.
G. A notary performing electronic notarial acts, immediately upon discoveringthat the notary's record, electronic signature, or physical or electronicseal has been lost, stolen, or may be otherwise used by a person other thanthe notary, shall (i) inform the appropriate law-enforcement agency in thecase of theft or vandalism and (ii) notify the Secretary in writing andsigned in the official name in which he was commissioned.
(1980, c. 580; 2002, c. 379; 2007, cc. 269, 590; 2008, cc. 117, 814.)
A. A notary shall exercise reasonable care in the performance of his dutiesgenerally. He shall exercise a high degree of care in ascertaining theidentity of any person whose identity is the subject of a notarial act.
B. Unless such person is personally known by the notary, identity shall beascertained upon presentation of satisfactory evidence of identity as definedin this title.
C. A notary performing electronic notarial acts shall keep, maintain,protect, and provide for lawful inspection an electronic record of notarialacts that contains at least the following for each notarial act performed:(i) the date and time of day of the notarial act; (ii) the type of notarialact; (iii) the type, title, or a description of the document or proceeding;(iv) the printed name and address of each principal; (v) the evidence ofidentity of each principal in the form of either a statement that the personis personally known to the notary, a notation of the type of identificationdocument, which may be a copy of the driver's license or other photographicimage of the individual's face, or the printed name and address of eachcredible witness swearing or affirming to the person's identity, and, forcredible witnesses who are not personally known to the notary or electronicnotary, a description of the type of identification documents relied on bythe notary; and (vi) the fee, if any, charged for the notarial act. Theelectronic notary shall take reasonable steps to (i) ensure the integrity,security, and authenticity of electronic notarizations, (ii) maintain abackup for his electronic record of notarial acts, and (iii) ensureprotection of such backup records from unauthorized use. The electronicrecord of an electronic notarial act shall be maintained for a period of atleast five years from the date of the transaction.
D. A notary performing electronic notarial acts shall take reasonable stepsto ensure that any registered device used to create an electronic signatureis current and has not been revoked or terminated by its issuing orregistering authority.
E. A notary performing electronic notarial acts shall keep his record,electronic signature, and physical and electronic seals secure under hisexclusive control and shall not allow them to be used by any other notary orany other person.
F. A notary performing electronic notarial acts shall use the notary'selectronic signature only for the purpose of performing electronic notarialacts.
G. A notary performing electronic notarial acts, immediately upon discoveringthat the notary's record, electronic signature, or physical or electronicseal has been lost, stolen, or may be otherwise used by a person other thanthe notary, shall (i) inform the appropriate law-enforcement agency in thecase of theft or vandalism and (ii) notify the Secretary in writing andsigned in the official name in which he was commissioned.
(1980, c. 580; 2002, c. 379; 2007, cc. 269, 590; 2008, cc. 117, 814.)
