Oklahoma Administrative Code
Title 655 - Secretary of State
Chapter 25 - Notary Public
Subchapter 11 - Remote Online Notarization
Section 655:25-11-3 - Registration to perform remote online notarizations

Universal Citation: OK Admin Code 655:25-11-3

Current through Vol. 42, No. 1, September 16, 2024

(a) A notary public is authorized to perform remote online notarizations during the term of the notary public's commission if the notary public has registered under subsection (b) of this Section and received written authorization from the Secretary of State under subsection (f) of this Section.

(b) Registration under this section shall be by written application to the Secretary of State that includes the following information:

(1) the applicant's full legal name;

(2) the exact name under which the applicant is commissioned as a notary public, if different from the legal name;

(3) the applicant's commission number as a notary public;

(4) a description of the technologies or devices that the applicant intends to use to perform remote online notarizations;

(5) the name, address, and website URL of any vendors or other persons that will directly supply to the notary public the technologies that the notary public intends to use; and

(6) a statement that the technologies identified in the application are compliant with 49 O.S., § 201 through 214 and with this subchapter.

(c) The application must be submitted electronically to the Secretary of State as provided by information posted on the Secretary of State's website.

(d) If, during the term of a notary public's commission, the notary public intends to use the technologies of another vendor or person than those identified in subsection (b)(3) of this Section, then an additional application identifying such other vendors or other persons must be submitted to the Secretary of State as provided in this section.

(e) Each application submitted under this section must be accompanied by a fee of Twenty-Five Dollars ($25.00) [49 O.S., § 209].

(f) If the technology identified by the notary public in the notification required under subsection (b) of this Section conforms to the standards adopted under this subchapter and the notary public satisfies the requirements of this Section, the Secretary of State shall approve the use of the technology and issue to the notary public written authorization to perform remote online notarizations during the term of the notary public's commission.

(g) The Secretary of State may disapprove the application and reject the notary public's request for authorization for the following reasons:

(1) the applicant is not currently commissioned as a notary public in the State of Oklahoma;

(2) any reason for which the Secretary of State may deny, refuse to renew or revoke a commission under 49 O.S., § 12(A);

(3) the notary public's failure to comply with Title 49 of the Oklahoma Statutes or this Subchapter;

(4) any information required under subsection (b) of this Section is missing, inaccurate or incomplete; or

(5) the technology identified by the notary public does not conform to the standards adopted under this Subchapter.

(h) The Secretary of State shall notify the applicant of approval or disapproval of the application within thirty (30) days after receipt. If the application is disapproved, the Secretary of State shall state the reasons for the disapproval.

(i) The renewal of the commission of a notary public who has previously received authorization to perform remote online notarizations under this Section does not constitute renewal of such authorization. A notary public who wishes to perform remote online notarizations after renewal of a prior commission must submit another application for registration under this Section.

(j) A notary public's authorization to perform remote online notarizations terminates if:

(1) the notary public's name changes during the term of the notary public's commission [49 O.S., § 204(G)(1)] ; and

(2) the notary public elects to use the notary public's new name under a new commission [49 O.S., § 204(G)(2)].

(k) Nothing herein shall be construed to prohibit a notary public from receiving, installing, or using a hardware or software update to the technologies that the notary public identified [49 O.S., § 204(H)] under subsection (b) of this Section if the hardware or software update does not result in technologies that are materially different from the technologies that the notary public identified [49 O.S., § 204(H)].

Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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