Online notaries must keep their electronic record, signature, and seal secure, use them only for online notarization, and notify officials immediately if they are stolen, vandalized, lost, or used by someone else.
Sec. 406.109. USE OF ELECTRONIC RECORD, SIGNATURE, AND SEAL. (a) An online notary public shall take reasonable steps to ensure that any registered device used to create an electronic signature is current and has not been revoked or terminated by the device's issuing or registering authority. (b) An online notary public shall keep the online notary public's electronic record, electronic signature, and electronic seal secure and under the online notary public's exclusive control. The online notary public may not allow another person to use the online notary public's electronic record, electronic signature, or electronic seal. (c) An online notary public may use the online notary public's electronic signature only for performing online notarization. (d) An online notary public shall attach the online notary public's electronic signature and seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident. (e) An online notary public shall immediately notify an appropriate law enforcement agency and the secretary of state of the theft or vandalism of the online notary public's electronic record, electronic signature, or electronic seal. An online notary public shall immediately notify the secretary of state of the loss or use by another person of the online notary public's electronic record, electronic signature, or electronic seal. (f) An online notary public shall authenticate all online notarizations with the online notary public's: (1) electronic seal, if the online notarization was performed with respect to an electronic document; or (2) seal of office as provided under Section 406.013, if the online notarization was performed with respect to a tangible document. Added by Acts 2017, 85th Leg., R.S., Ch. 340 (H.B. 1217), Sec. 3, eff. July 1, 2018. Amended by: Acts 2023, 88th Leg., R.S., Ch. 258 (S.B. 1780), Sec. 3, eff. January 1, 2024.