Effective - 28 Aug 2020
486.1115. Standards for remote online notarization, secretary's duties. — 1. The secretary of state by rule shall develop and maintain standards for remote online notarization in accordance with sections 486.1100 to 486.1205, including, but not limited to, standards for credential analysis and identity proofing. Such rules shall be subject to the limitations in section 486.830.
2. In developing standards for remote online notarization, the secretary of state shall review and consider standards established by the National Association of Secretaries of State (NASS) or its successor agency, and national standard setting bodies, such as the Mortgage Industry Standards and Maintenance Organization (MISMO).
3. Before use by remote online notaries in this state, the secretary shall approve the software to be used in remote online notarial acts. The secretary may only approve remote online notarization software that, at a minimum:
(1) Records and archives the remote online session;
(2) Provides sufficient audio clarity and video resolution to enable the remote online notary and the principal to see and communicate to each other simultaneously through live, real time transmission;
(3) Provides reasonable security measures to prevent unauthorized access to:
(a) The live transmission of the audio-video communication;
(b) A recording of the audio-video communication;
(c) The verification methods and credentials used to verify the identity of the principal; and
(d) The electronic documents presented for electronic notarization;
(4) Utilizes video technology to be used in a remote electronic notarization session that provides sufficient high-definition for the notary to reasonably assess the principal's comprehension and volition;
(5) Permits the remote online notary to identify the principal to the remote online notary's satisfaction through a form of authentication that complies with section 486.1145;
(6) Permits the principal to identify the remote online notary to his or her satisfaction; and
(7) Presents the document being notarized as an electronic document.
4. Before being used by a remote online notary in this state, the secretary shall test and certify remote online notarization software. The expenses of any such testing shall be paid by the vendor of the software.
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(L. 2020 H.B. 1655)
Structure Missouri Revised Statutes
Chapter 486 - Commissioners of Deeds and Notaries Public
Section 486.100 - Appointment — powers generally.
Section 486.110 - Official oath.
Section 486.120 - Effect of authentication by commissioner.
Section 486.130 - Additional powers — oaths — depositions.
Section 486.600 - Definitions.
Section 486.610 - Notary, term of commission — grandfather provision.
Section 486.620 - Secretary to prepare notary commission, duties — register of notaries.
Section 486.625 - Application, procedure.
Section 486.630 - Application, contents — declaration — application fee.
Section 486.635 - Application records, limitations on disclosure.
Section 486.640 - Notarial acts authorized to be performed by notary.
Section 486.650 - Refusal to perform notarial act prohibited, when — exceptions.
Section 486.660 - Prohibited acts.
Section 486.665 - Signatures and photographs, prohibited acts.
Section 486.670 - Intent to deceive or defraud prohibited — prohibited uses of title or seal.
Section 486.675 - Nonattorney notaries, prohibited acts.
Section 486.690 - Fees, payment prior to services — nonrefundable, when.
Section 486.695 - Notary's employer may prohibit charging of fees, when.
Section 486.700 - Journal to be maintained, requirements.
Section 486.705 - Journal contents.
Section 486.710 - Examination and copying of journal — fee for certified copy, exception.
Section 486.715 - Safeguarding of journal, requirements.
Section 486.730 - Official seal, placement of, elements.
Section 486.740 - Notarial certificate required, contents, form.
Section 486.750 - Form of certificate.
Section 486.755 - Jurat certificate form.
Section 486.760 - Signature form.
Section 486.765 - Certified copy form.
Section 486.780 - Change of address of notary, requirements.
Section 486.785 - Change of notary's name, requirements.
Section 486.790 - Resignation of notary commission.
Section 486.795 - Expiration, resignation, or revocation of notary commission, requirements.
Section 486.800 - Death of notary, personal representative duties.
Section 486.805 - Liability for damages by notary, surety, or employer of notary, when.
Section 486.810 - Revocation of commission, when — procedure.
Section 486.815 - Suspension of notary commission.
Section 486.820 - List of suspended or revoked commissions, publication of.
Section 486.825 - Additional sanctions permitted.
Section 486.830 - Rulemaking authority.
Section 486.900 - Definitions.
Section 486.902 - Controlling law.
Section 486.905 - Electronic notaries, commission, registration.
Section 486.910 - Course of instruction required.
Section 486.915 - Term of registration.
Section 486.925 - Electronic notarial acts authorized.
Section 486.930 - Electronic notarization, principal requirements.
Section 486.935 - Electronic notarial certificate, contents, wording.
Section 486.940 - Electronic signature and seal, requirements — employers, restrictions.
Section 486.945 - Journal of notarial acts, requirements.
Section 486.947 - Journal recordings.
Section 486.955 - Resignation, revocation, expiration, or death of electronic notary.
Section 486.965 - Fees, payment of prior to performance — nonrefundable, when.
Section 486.975 - Fee for electronic certificate of authority.
Section 486.980 - Electronic notary's e-mail address change, other changes, requirements.
Section 486.985 - Production of electronic signature or seal, compromise of, requirements.
Section 486.995 - Notary representative's duties upon termination of electronic notary commission.
Section 486.1005 - Secretary to terminate electronic notary's registration, when — procedure.
Section 486.1010 - Impersonating or improperly influencing an electronic notary, penalties.
Section 486.1100 - Definitions.
Section 486.1105 - Controlling law.
Section 486.1110 - Rulemaking authority.
Section 486.1115 - Standards for remote online notarization, secretary's duties.
Section 486.1120 - Notary commission and registration required.
Section 486.1125 - Course of instruction required, content.
Section 486.1135 - Term of registration.
Section 486.1140 - Permissible remote online notarial acts.
Section 486.1145 - Audio-video communication, use of, requirements.
Section 486.1150 - Principal requirements for remote online notarization.
Section 486.1160 - Additional transaction fee.
Section 486.1165 - Remote online notarial certificate, contents, wording.
Section 486.1175 - Jurat certificate form — signature form.
Section 486.1180 - Electronic journals.
Section 486.1185 - Electronic journal recording requirements.
Section 486.1195 - Audio and video recording of performance of notarial acts, when, requirements.
Section 486.1200 - Safeguarding electronic documents, signature, and seal.
Section 486.1205 - Remote online notary — resignation, revocation, expiration, or death — procedure.