Current through Register Vol. 50, No. 9, September 20, 2024
A. A notary public who has been duly
appointed and commissioned as provided for under
R.S.
35:191, who currently holds a valid
commission as provided by
R.S.
35:191(A)(3), and whose
authority to exercise the functions of a notary public is not suspended may be
authorized by the secretary of state to perform remote online notarization upon
satisfaction of the following requirements:
1.
submitting an application using the form provided by the secretary of state for
authorization to perform remote online notarization during the term of that
notary public's commission;
2.
successfully completing an education program provided by the secretary of state
covering the statutes and rules governing the remote online
notarization;
3. paying a one-time
fee of $100 to the secretary of state upon filing the application for
authorization to perform remote online notarization.
B. A notary public authorized to perform
remote online notarization may do so for as long as:
1. the notary maintains a valid notarial
commission as provided by
R.S.
35:191(A)(3);
2. the authority of the notary to perform
notarial functions is not suspended; and
3. the authority of the notary to perform
remote online notarization has not suspended or revoked.
C. Identity proofing shall be performed
through either of the following:
1. dynamic
knowledge-based authentication that is performed through the administration of
a quiz completed by the party or witness whose identity is being verified that
satisfies the following requirements:
a. the
quiz shall consist of five questions related to the personal history or
identity of the party or witness, formulated from public or proprietary data
sources;
b. each question shall
contain a minimum of five possible answer choices;
c. all questions must be answered within two
minutes; and
d. following a failed
attempt by a party or witness, the quiz may be administered no more than once
within a 24-hour period. The second administration may consist of no more than
40 percent of the questions presented during the first
administration;
2.
analysis of biometric data, including facial recognition, voiceprint analysis,
or fingerprint analysis.
D. Credential analysis shall ensure that the
credential is unexpired, government-issued identification credential that
contains the photograph and signature of the party or witness whose identity is
being verified by a process that does both of the following:
1. uses automated software processes to aid
the notary public in verifying the identity of a party or any witness;
and
2. ensures the credential
passes an authenticity test consistent with sound commercial practices that
meet the following requirements:
a. confirms
the integrity of visual, physical, or cryptographic security
features;
b. confirms that the
credential is not fraudulent or modified in a manner not authorized by the
issuing authority;
c. confirms the
validity of personal information set forth on the credential when the issuing
authority provides access to the information;
d. provides output of the authenticity test
to the notary public.
e. enables
the notary public to visually compare the information and photo presented on
the credential itself and the party or witness as viewed by the notary public
through substantially simultaneous audio-visual transmission; and
f. enables the notary public to determine
that the party or witness is in possession of the credential at the time of
their remote online notarization.
E. Communication technology systems used to
perform remote online notarization to do each of the following:
1. provide sufficient video resolution and
audio clarity to enable the notary public, the party, and any witness to engage
in substantially simultaneous communication by sight and sound;
2. provide sufficient captured-image
resolution for credential analysis to be performed in accordance with Paragraph
D.2 of this Section;
3. include a
communication encryption protocol and means of authentication that reasonably
ensures that only the parties, participating witnesses, and notary public have
access to the audio-video communication;
4. ensure that the electronic record that is
presented for remote online notarization is the same record electronically
signed by the party;
5. create and
store or transmit securely to be stored an electronic recording of the
audio-video communication, keeping confidential the questions asked as part of
any identity-proofing process and the means and methods used to generate the
credential analysis output; and
6.
prevent unauthorized access to all of the following:
a. the live transmission of the audio-video
communication;
b. any recording of
the audio-video communication being stored or being transmitted by the
communication technology;
c. the
verification methods and credentials used to verify the indemnity of the party;
and
d. the instrument presented for
electronic notarization.
7. provide for the notary public to maintain
in the notary's records a copy of the remote online notarial act;
8. provide the notary public a method of
generating a paper copy of the remote notarial act;
9. provide the notary public a detailed audit
record of the remote online notarization;
10. provide a means by which the notary
public is able to add a statement to any document being notarized that the act
is a remote notarial act;
11.
provide a mean by which the notary public is able to attach the notary public's
electronic signature and insert the notary public's identifying information
into the remote online notarial act;
12. provide a means by which each party and
each witness can attach such person's electronic signature; and
13. provide a means by which the notary
public can digitally sign the remote online notarial act in a manner that
renders any subsequent change or modification of the remote online notarial act
to be evident.
F. The
Secretary of State shall maintain a registry of identity-proofing,
credential-analysis, and communication providers who have certified by
affidavit that their technologies meet the minimum requirements set forth in
Subsections C and D of this Section.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
35:624 and
R.S.
49:222.
