1An online notary public shall:6(1) 7Take reasonable steps to ensure that any registered device used to create an electronic seal is current and has not been revoked or terminated by the issuing or registering authority of the device.
40(2) 41Keep the electronic journal and electronic seal secure and under his or her sole control, which includes access protection using passwords or codes under control of the online notary public. The online notary public may not allow another person to use the online notary public’s electronic journal, electronic signature, or electronic seal, other than a RON service provider or other authorized person providing services to an online notary public to facilitate performance of online notarizations.
116(3) 117Attach or logically associate the electronic signature and seal to the electronic notarial certificate of an electronic record in a manner that is capable of independent verification using tamper-evident technology that renders any subsequent change or modification to the electronic record evident.
159(4) 160Notify an appropriate law enforcement agency and the Department of State of any unauthorized use of or compromise to the security of the electronic journal, official electronic signature, or electronic seal within 7 days after discovery of such unauthorized use or compromise to security.
204(5) 205Make electronic copies, upon request, of the pertinent entries in the electronic journal and provide access to the related audio-video communication recordings to the following persons:231(a) 232The parties to an electronic record notarized by the online notary public;
244(b) 245The qualified custodian of an electronic will notarized by the online notary public;
258(c) 259The title agent, settlement agent, or title insurer who insured the electronic record or engaged the online notary public with regard to a real estate transaction;
285(d) 286The online notary public’s RON service provider whose services were used by the online notary public to notarize the electronic record;
307(e) 308Any person who is asked to accept a power of attorney that was notarized by the online notary public;
327(f) 328The Department of State pursuant to a notary misconduct investigation; and
339(g) 340Any other persons pursuant to a subpoena, court order, law enforcement investigation, or other lawful inspection demand.
357(6) 358The online notary public may charge a fee not to exceed $20 per transaction record for making and delivering electronic copies of a given series of related electronic records, except if requested by:391(a) 392A party to the electronic record;
398(b) 399In a real estate transaction, the title agent, settlement agent, or title insurer who insured the electronic record or engaged the online notary public with regard to such transaction; or
429(c) 430The Department of State pursuant to an investigation relating to the official misconduct of an online notary public.
448If the online notary public does charge a fee, the online notary public shall disclose the amount of such fee to the requester before making the electronic copies.
