Current through December 10, 2024
Rule 1-5-8.2 - Requirements for electronic notarizationA. A notary public performing notarial acts with respect to electronic documents shall use an electronic notarization system that meets the following minimum criteria. The electronic notarization system must: 1. Allow the principal and the notary to affix electronic signatures, as defined in Rule 1.2(L) above, to electronic documents.2. Allow for a notary public to affix an electronic notary seal, as defined in Rule 1.2(K) above, to electronic documents.3. Employ the use of a public key certificate, as defined in Rule 1.2(N) above, to identify the principal.4. Make all electronic documents notarized using the electronic notarization system tamper-evident, as defined in Rule 1.2(S) above.B. Before performing an electronic notarial act, the notary public shall take reasonable steps to ensure that the system used meets the minimum requirements of these Rules and has not expired, been revoked, or been terminated by the system provider.C. All requirements of a notarial act performed with respect to a tangible document apply to an electronic document, including the personal appearance and identification of the individual appearing before the notary public, completion of a notarial certificate, use of an official stamp and recording of the notarial act in the journal.D. The Secretary of State may publish a list of approved electronic notarization system vendors on its website that meet the minimum criteria set forth above, at the time of the Secretary of State's review of those systems published on its site. The Secretary of State does not endorse any electronic notarization system vendor and does not guarantee that the use of any electronic notarization system satisfies the minimum criteria set forth above. Section 25-34-51 et seq. Mississippi Code of 1972 as amended.