Sec 41-352. Applicability of article; electronic signature laws

A. Any notarial act in which a person by oath or affirmation signs a document may be performed electronically as prescribed by this article if under applicable law that document may be signed with an electronic signature.

B. Unless otherwise expressly prohibited by law, the following notarial acts, terms and entities have the same legal effect as those prescribed by article 2 of this chapter:

1. Electronic acknowledgment as acknowledgment.

2. Electronic oath as oath.

3. Electronic jurat as jurat.

4. Electronic affidavit as affidavit.

5. Electronic notarial act as notarial act.

6. Electronic notarial certificate token as notarial certificate.

7. Electronic notary as notary.

C. An electronic commission is a commission to perform only electronic notary acts and only an electronic notary is authorized to perform electronic notary acts.

D. Unless otherwise expressly prohibited by law, any electronic notarial act may be performed by either:

1. An act in the presence of an electronic notary as prescribed by this article.

2. An electronic notarial service as prescribed by this article for which the person signing appears before an electronic notary and by oath or affirmation acknowledges that any notary service electronic document that is created by the person pursuant to this article has the same legal force and effect as if the person appeared before an electronic notary and by oath or affirmation executed an electronic notarial act.

E. Section 41-132 applies in conjunction with this article to electronic signatures used by electronic notaries.

F. This article applies to electronic notarial acts that are performed by electronic notaries who are appointed in this state and applies only to their acts performed in the United States.