Sec 41-355. Duties; electronic notarization in presence of electronic notary

A. Electronic notaries public shall perform the following electronic notarial acts when requested:

1. Take electronic acknowledgments.

2. Administer oaths and affirmations relating to electronic documents and electronic notarial acts.

3. Perform jurats relating to electronic documents and electronic notarial acts.

B. Notaries public shall perform the notarial acts prescribed in subsection A of this section only if:

1. The signer is in the presence of the notary at the time of notarization.

2. The signer signs in a language that the notary understands.

3. Subject to subsection D, the signer communicates directly with the notary in a language they both understand or indirectly through a translator who is physically present with the signer and notary at the time of the notarization and communicates directly with the signer and the notary in languages the translator understands.

4. The notarial certificate is worded and completed using only letters, characters and a language that are read, written and understood by the notary public.

C. If a notary attaches a notarial certificate to a document using a separate sheet of paper, the attachment must contain a description of the document that includes at a minimum the title or type of document, the document date, the number of pages of the document and any additional signers other than those named in the notarial certificate.

D. A notary may perform a notarial act on a document that is a translation of a document that is in a language that the notary does not understand only if the person performing the translation signs an affidavit containing an oath or affirmation that the translation is accurate and complete. The notarized translation and affidavit shall be attached to the document and shall contain all of the elements described in subsection C.

E. A notarized electronic document that is completed in the presence of an electronic notary consists of the following:

1. A complete electronic document.

2. A signature or mark that is affixed to the document by the signer.

3. A time and date statement that is contained within the electronic notary token.

4. An electronic notary token that is affixed by the electronic notary to the document.

F. On completion of the notarized electronic document, any change to any of the elements prescribed in subsection E of this section invalidates the notarized electronic document.

G. An electronic notary public shall:

1. Keep, maintain and protect as a public record a journal of all official acts performed by the notary as prescribed in section 41-361 and in the form prescribed by the secretary of state.

2. Provide and keep the materials and processes to create an electronic notary token as approved by the secretary of state.

3. Authenticate with the electronic notary token all official acts and affix the date of the expiration of the notary's commission as an electronic notary on every document that the electronic notary electronically signs.

4. Respond to any requests for information and comply with any investigations that are initiated by the secretary of state or the office of the attorney general.