US Laws, Codes, Statutes & Cases

A. An electronic notary may issue a notary service electronic certificate to a signer who does all of the following:

1. Provides satisfactory evidence of the signer's identity.

2. Voluntarily signs or makes the signer's mark on the electronic document.

3. Makes an oath or affirmation that vouches for the truthfulness of the signing.

4. Acknowledges that the electronic signing and oath or affirmation have the same legal force and effect as if done in the presence of the notary.

B. A notary service electronic certificate shall include the agreement of the signer to use the certificate for signing an electronic document with notarial intent.

C. A notarized electronic document formed by the use of a notary service electronic certificate consists of the following:

1. A complete electronic document.

2. A notary service electronic signature that is affixed to the document by the signer.

3. A time stamp token that is affixed to the document by an approved time stamp token provider.

4. An electronic notary token that is incorporated into the notary service electronic signature and that is used by the signer in a manner approved by the secretary of state.

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

E. On proper issuance and receipt of a notary service electronic certificate, execution of the electronic signature, attachment of the notary token and attachment and validation of the time stamp token, a notary service electronic document is fully executed and valid for those purposes that allow the use of a notary service electronic document.