Oklahoma’s Notary Information explains basic eligibility, the four‑year commission, the required $10,000 bond, and the main duties notaries can perform, such as acknowledgments and oaths.
Remote Online Notarization FAQ
1. What is remote online notarization?
Remote Online Notarization is the use of communication technology to perform a notarial act when the principal is not in the same physical location as the notary public. Remote online notarization was authorized by SB 915 (2019), effective January 1, 2020.
2. How can remote online notarization help you or your business?
The implementation of remote online notarization revolutionizes the notarization process in the state of Oklahoma and is a game changer for the business community. By allowing remote online notarizations, business transactions can be quickly conducted via audio and video, bypassing the in-person requirement that necessitated physical delivery of documents.
3. What are the steps to becoming authorized to perform remote online notary acts?
Step 1: You must be currently commissioned as a notary public in the State of Oklahoma. If you are currently commissioned as a notary public, skip to Step 3. If you are not currently commissioned as a notary public, you may file an application for a new commission ($50.00 filing fee) via the Secretary of State website.
Step 2: Prior to performing any notarial act, your notarial bond must be filed ($25.00 filing fee) and approved by the Secretary of State. If you have not filed your notarial bond, you may file the notarial bond via the Secretary of State website at: https://business.sos.ok.gov/.
Step 3: If you are currently commissioned as a notary public and have filed an approved bond with the Secretary of State, you may request authorization to perform remote online notary acts by filing the Remote Online Notarization application ($25.00 filing fee) via the Secretary of State website at: https://business.sos.ok.gov/.
4. How long is an Oklahoma notary authorized to perform remote online notary acts?
Your authorization to perform remote online notarizations will be valid from the date of authorization through the end of the term of your current commission. The renewal of your commission as a notary does not constitute renewal of such authorization. A new application for authorization must be filed for each four-year term.
5. Are remote online notaries required to submit a second bond in addition to the bond required for traditional notaries?
No. The Oklahoma Remote Notary Act does not require an additional bond be filed to perform remote notary acts.
6. Are remote online notaries required to keep electronic journals?
Yes. A remote online notary must maintain a journal in a permanent, tamper-evident electronic format.
An entry in a journal shall be made contemporaneously with the performance of the remote online notarial act and contain the following information:
The date and time of the remote online notarial act;
A description of the document, if any, and type of notarial act;
The full name and address of each principal for whom the notarial act is performed;
If the identity of the principal is based on personal knowledge, a statement to that effect;
If identity of the principal is based on credential analysis and identity proofing, a brief description of the results of the identity verification process and the identification credential remotely presented, including the date of issuance and expiration of the identification credential;
If identity of the principal is based on oath or affirmation of a credible witness, the information identified in paragraph 4 or 5 of this subsection, as applicable, that provided a basis for the notary public's identification of the credible witness, a statement of the basis by which the credible witness claims personal knowledge of the principal, the location of the credible witness, and the full name and address of the credible witness; and
7. How long must a remote online notary keep the electronic record of remote online notarial acts, including the video and audio recordings of the notarization?
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 [OSCN - 49 O.S., § 206(D)].
8. How much can remote online notaries charge for each remote notarial act?
A remote online notary may charge and collect a fee not to exceed Twenty-five Dollars ($25.00) for a remote online notarial act [OSCN - 49 O.S., § 209].
9. Prior to performing a remote online notarial act, how does the remote online notary verify the identity of the principal?
If a notary public does not have satisfactory evidence of the identity of the principal through personal knowledge or an oath of affirmation from a credible witness, the remote online notary must verify the principal's identify through the multi-factor authentication process (credential analysis and identity proofing) outlined in OAC 655:25-11-5.
10. What is credential analysis?
Credential analysis is the process which a third party affirms the validity of an identification credential through the review of public or private data sources.
11. What is identity proofing?
Identity proofing is a process or service through which a third party provides a remote online notary with the means to verify the identity of a principal using public or private data sources.
12. What are the requirements for the electronic seal used by a remote online notary?
An electronic seal used for remote online notarizations must substantially conform to the following design: a rectangular or circular seal with the notary public's name exactly as indicated on the notary's commission, the words "State of Oklahoma" and "Notary Public", the notary public's commission number, and the date of expiration of the notary public's commission [OSCN - 49 O.S., § 202(5)].
13. What is the procedure for notifying the Secretary of State that a remote notary intends to use the technology of another vendor not identified in the initial Remote Online Notarization application?
Pursuant to OAC 655:25-11-3(d), the remote notary must notify the Secretary of State by providing the name, address, and website of the vendor or persons supplying the new technology. This notification may be filed online by selecting Update Contact Information at: https://business.sos.ok.gov/.
There is no filing fee associated with this notification.
Important reminder: A notary public shall NOT perform any notarial act until his or her bond, official seal, oath of office and loyalty oath have been received and approved by the Secretary of State.