(a) A notary public shall create an audio-video recording of the audio-visual communication of each online notarial act performed through the online notarization platform pursuant to Section 8231.4 and this section.

(b) (1) The notary public shall retain the audio-video recording on an encrypted storage device or encrypted online media that is accessed by the notary public with secure multifactor means of authentication. The audio-video recording shall be created in an open format and shall not include images of any electronic record that was the subject of the online notarization. The notary public shall utilize an online notarization platform or depository approved by the Secretary of State for purposes of this section.

Terms Used In California Government Code 8231.6

  • Audio-video recording: means a recording of the audio-video communication of an online notarial act required by Section 8231. See California Government Code 8231.1
  • 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
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Government Code 8231.1
  • encrypted: means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. See California Government Code 8231.1
  • Notarial act: means the performance of an act by an individual that is authorized under the laws of this state, including acts described in Sections 8202, 8205, this article, and Sections 1185 and 1195 of the Civil Code. 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
  • Open format: means information that is formatted in a manner that is platform independent, machine readable, and made available to the public without restrictions that would impede the reuse of that information. See California Government Code 8231.1
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in both physical and electronic form. 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
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10

(2) An online notarization platform may retain custody of the audio-video recording on behalf of the notary public if it expressly provides custodial services and provided that information to the Secretary of State in its application under Section 8231.14. If the online notarization platform does not provide custodial services for a notary public, the online notarization platform has a duty not to retain the audio-video recordings after providing a reasonable opportunity for the download by the notary public as required by subdivision (i) of Section 8231.14. The Secretary of State shall establish by rule or regulation the time period that constitutes a “reasonable opportunity” for downloading the audio-video recording.

(c) A notary public shall retain the audio-video recording of each online notarial act with either of the following:

(1) An online notarization platform that provides custodial services to the notary public and provided that information to the Secretary of State in its registration under Section 8231.14.

(2) A depository registered with the Secretary of State under Section 8231.14.

(d) The notary public shall retain each audio-video recording created as required by this section for at least 10 years after the performance of the notarial act documented in the audio-video recording, regardless of the notary public’s current authorization status to perform online notarizations. The notary public shall cause the audio-video recording to be retained either:

(1) Personally.

(2) By a depository registered with the Secretary of State.

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

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