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Terms Used In 5 Guam Code Ann. § 33805

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(a) A remote online notary public shall keep a secure electronic journal of each remote online notarial act performed by the remote online notary public. The electronic journal must contain for each remote online notarization:

(1) the date and time of the notarization; (2) the type of notarial act;
(3) the type, the title, or a description of the electronic record or proceeding;

(4) the printed name and address of each principal involved in the transaction or proceeding;

(5) evidence of identity of each principal involved in the transaction or proceeding in the form of:

(A) a statement that the person is personally known to the remote online notary public;

(B) a notation of the type of identification document provided to the remote online notary public;

(C) a record of the identity verification made under this Article, if applicable, or

(D) the following:

(i) the printed name and address of each credible witness swearing to or affirming the person’s identity; and

(ii) for each credible witness not personally known to the remote online notary public, a description of the type of identification documents provided to the remote online notary public; and

(6) the fee, if any, charged for the notarization.

(b) The remote online notary public shall create an audio and video copy of the performance of the notarial act.

(c) The remote online notary public shall take reasonable steps to:

(1) ensure the integrity, security, and authenticity of remote online notarizations;

(2) maintain a backup for the electronic journal required by Subsection (a) and the recording required by Subsection (b); and

(3) protect the backup record from unauthorized use.

(d) The electronic journal required by Subsection (a) and the recording required by Subsection (b) shall be maintained for at least ten (10) years after the date of the transaction or proceeding.

(1) The remote online notary public may designate as custodian of the recording and the electronic journal:

(A) the employer of the remote online notary public if evidenced by a record signed by the remoteonline notary public and the employer; or

(B) a repository meeting the standards established by the Attorney General of Guam.

(2) The Attorney General of Guam shall establish:

(A) standards for the retention of a video and audio copy of the performance of the notarial act;

(B) procedures for preservation of the audio and video copy and the electronic journal if the remote online notary public dies or is adjudicated incompetent, or if the remote online notary public’s commission or authority to perform notarial acts is otherwise terminated; and

(C) standards for third party repositories for the retention of the audio and video copy of the performance of the notarial act.