Oklahoma Legislative Update

OKLAHOMA SENATE BILL 915

 

The Oklahoma legislature has enacted provisions related to online notarial acts, the recording of electronic documents, and the use of electronic signatures and seals, effective January 1, 2020.

 

A notary may certify that a paper or tangible copy of an electronic document is a true and correct copy of an electronic document if the notary public has:

  • Reasonably confirmed that the electronic document is in a tamper-evident format;
  • Detected no changes or error in any electronic signature or other information in the electronic document;
  • Personally printed or supervised the printing of the electronic document onto paper or other tangible medium; and
  • Not made any changes or modifications to the electronic document or to the paper or tangible copy other than the required certification.

 

A county clerk must record a paper or tangible copy of an electronic document (one that was created, generated, sent, communicated, received or stored by electronic means) provided that the paper or tangible copy has been certified by a notary public as a true and correct copy of the electronic document. 

 

An Oklahoma notary public that has been appointed and commissioned as required by Oklahoma law may perform remote online notarization after registration with the secretary of state. 

 

A notary public physically located in Oklahoma that is authorized to perform remote online notarizations may perform a notarial act by means of communication technology for a remotely located individual who is physically located:

  • In Oklahoma;
  • Outside of Oklahoma but not outside the United States; or
  • Outside the United States if:
    • The electronic record:
      • Is to be filed with or relates to a matter before a court, governmental entity, public official or other entity subject to the jurisdiction of the United States, or
      • Involves property located in the territorial jurisdiction of the United States or a transaction substantially connected to the United States; and
    • The notary public has no actual knowledge that the act of making the statement or signing the electronic record is prohibited by the foreign state in which the remotely located individual is located.

 

A remote online notarization performed in accordance with the Oklahoma Remote Online Notary Act (“Act”) satisfies any requirement of law that a principal appear before, appear personally before, or be in the physical presence of a notary public at the time of the notarial act.  The notary public’s verification of a principal’s identity under the provisions of the Act satisfies the requirement that the notary public obtain satisfactory evidence of the identity of the principal.

 

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Diane Jenkins

Director, National Mortgage Compliance Practice Group, AsurityDocs Of Counsel, Sandler Law Group

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