Oklahoma Administrative Code
Title 655 - Secretary of State
Chapter 25 - Notary Public
Subchapter 11 - Remote Online Notarization
Section 655:25-11-8 - Record retention and depositories

Universal Citation: OK Admin Code 655:25-11-8

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

(a) A notary public must retain an electronic journal and an audio-visual recording created under 49 O.S., § 206 in a computer or other electronic storage device that protects the journal and recording against unauthorized access by password or cryptographic process. The recording must be created in an industry-standard audio-visual file format and must not include images of any electronic record on which the remotely located individual executed an electronic signature.

(b) An electronic journal must be retained for at least ten (10) years after the last notarial act chronicled in the journal. An audio-visual recording must be retained for at least ten (10) years after the recording is made [49 O.S., § 206].

(c) A notary public must take reasonable steps to ensure that a backup of the electronic journal and audio-visual recording exists and is secure from unauthorized use.

(d) On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of an electronic journal or audio-visual recording must:

(1) comply with the retention requirements of this Section;

(2) transmit the journal and recording to one or more depositories under subsection (e); or

(3) transmit the journal and recording in an industry-standard readable data storage device to the Secretary of State.

(e) A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public may, by written contract, engage a third person to act as a depository to provide the storage required by subsection (a) of this Section. The contract shall:

(1) enable the notary public, the guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public to comply with the retention requirements of this Section even if the contract is terminated; or

(2) provide that the information will be transferred to the notary public, the guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public if the contract is terminated.

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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