(a) The Secretary of State shall adopt rules and regulations necessary to implement this article. The rules and regulations shall set and maintain standards for online notarizations and notaries public authorized to perform online notarization, including, but not limited to, all of the following:

(1) Audio-video communication, including ensuring that principals with disabilities are accommodated by online notarization systems of online notarization platforms and notaries public in a manner consistent with applicable laws.

Terms Used In California Government Code 8231.2

  • Depository: means an individual or entity that has an active registration with the Secretary of State pursuant to Section 8231. See California Government Code 8231.1
  • Identity proofing: means a process or service operating according to the requirements of this article and any rules or regulations adopted by the Secretary of State pursuant to this article through which a third party affirms the identity of an individual through review of personal information from public or proprietary data sources. See California Government Code 8231.1
  • Online notarization platform: means an individual or entity that has an active registration with the Secretary of State pursuant to Section 8231. See California Government Code 8231.1
  • Principal: means an individual, other than a credible witness pursuant to §. See California Government Code 8231.1
  • Records of online notarial acts: means , collectively, the electronic journal entries required by Section 8231. See California Government Code 8231.1
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18

(2) Credential analysis.

(3) Electronic and tangible journals, including their form and content.

(4) Electronic seals.

(5) Identity proofing, which shall be performed at least at Identity Assurance Level 2, as established in NIST Special Publication 800-63A, dated June 2017, promulgated by the National Institutes of Standards and Technology, or any successor publication. If this standard cannot be met due to applicable state or federal laws, such as California law governing the disclosure of information regarding driver’s licenses or other identification cards, then the Secretary of State shall adopt the most rigorous standard for identity proofing that also conforms to those laws.

(6) Online notarization systems.

(7) Depositories, including standards for security measures and storage capacity.

(8) Registration with the Secretary of State as a notary public authorized to perform online notarizations, or registration as a depository or an online notarization platform.

(9) Remote presentation.

(10) Retention and storage of records of online notarial acts.

(11) Security and encryption.

(b) The Secretary of State may confer with other state entities, departments, or agencies on matters relating to equipment, security, and technological aspects of online notarization standards.

(c) The Secretary of State, in developing the rules and regulations required by this section, may consider the views of other state entities, departments, or agencies, and members of the public.

(d) A commissioned notary public shall not provide online notarization for any principal before the adoption of rules by the Secretary of State pursuant to this section.

(Added by Stats. 2023, Ch. 291, Sec. 8. (SB 696) Effective January 1, 2024.)

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