In-Person Paper Notarizations
Am I required by law to maintain a notary journal in Oklahoma?
No, a notary public in the State of Oklahoma is not required to maintain a notary journal. However, if remote online notarizations are legal in the State of Oklahoma and the notary public is performing online notarizations, they may want to check any specific guidelines surrounding record keeping for remote online notarizations.
Recommended best practices for notary journals
Although the State of Oklahoma does not require a notary public to complete a notary journal by law, it is considered “best practice” to maintain a notary journal to protect the notary public from lawsuits and potential liabilities.
The following pieces of information are considered “best practice” to collect in a notary journal
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Date and time of each notarial act
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A description of the document and type of notarial act (e.g., Deed of trust, Acknowledgment)
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The printed full name, signature and address of each person for whom a notarial act is performed.
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A description of the identification document, its serial or identification number and its date of issuance or expiration
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The fee charged for the notarial service
It is important to remember that these “best practices” are just recommendations, and that a notary can include more or less information as long as they remain compliant with their State code.
Special circumstances for Oklahoma notaries
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Absentee ballot affidavits
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“A notary public shall maintain a log of all absentee ballot affidavits that he or she notarizes for a period of at least two (2) years after the date of the election” (26 OS 14-108.1.B).
Remote Online Notarizations
Is Remote Online Notarization (RON) approved in the State of Oklahoma?
Yes, notaries in the State of Oklahoma are authorized to perform remote online notarizations.
Do I have to record the Remote Online Notarization session?
Yes
“A notary public, or a person acting on behalf of the notary public, shall create an audio and visual recording of the performance of each remote online notarial act” (49 OS 206.B).
What is the retention period for RON recordings?
10 years
“An audio-visual recording must be retained for at least ten (10) years after the recording is made [49 O.S., § 206]” (OAC 655:25-11-8[b]).
Do I have to log RON sessions in a journal?
Yes
“A notary public shall maintain a journal in a permanent, tamper-evident electronic format complying with standards promulgated by the Secretary of State in which the notary public chronicles all remote online notarial acts that the notary public performs” (49 OS 206.A).
Journal format
Electronic journal required
“A notary public shall maintain a journal in a permanent, tamper-evident electronic format complying with standards promulgated by the Secretary of State in which the notary public chronicles all remote online notarial acts that the notary public performs” (49 OS 206.A).
Journal entry requirements
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“An entry in a journal shall be made contemporaneously with the performance of the remote online notarial act and contain the following information:
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1. The date and time of the remote online notarial act;
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2. A description of the document, if any, and type of notarial act;
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3. The full name and address of each principal for whom the notarial act is performed;
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4. If the identity of the principal is based on personal knowledge, a statement to that effect;
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5. If identity of the principal is based on credential analysis and identity proofing, a brief description of the results of the identity verification process and the identification credential remotely presented, including the date of issuance and expiration of the identification credential;
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6. If identity of the principal is based on oath or affirmation of a credible witness, the information identified in paragraph 4 or 5 of this subsection, as applicable, that provided a basis for the notary public’s identification of the credible witness, a statement of the basis by which the credible witness claims personal knowledge of the principal, the location of the credible witness, and the full name and address of the credible witness; and
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7. The fee, if any, charged by the notary public” (49 OS 206.A).
Journal retention
10 years
“An electronic journal must be retained for at least ten (10) years after the last notarial act chronicled in the journal. [49 O.S., § 206]” (OAC 655:25-11-8[b]).
RON recordings & journal upon death
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“On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of an electronic journal or audio-visual recording must: “(1) comply with the retention requirements of this Section; “(2) transmit the journal and recording to one or more depositories under subsection (e); or “(3) transmit the journal and recording in an industry-standard readable data storage device to the Secretary of State” (OAC 655:25-11-8[d]).
Depositories
“A notary public, a guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public may, by written contract, engage a third person to act as a depository to provide the storage required by subsection (a) of this Section. The contract shall:
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(1) enable the notary public, the guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public to comply with the retention requirements of this Section even if the contract is terminated; or
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(2) provide that the information will be transferred to the notary public, the guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public if the contract is terminated” (OAC 655:25-11-8[e]).
Reference Links
Helpful resources for Oklahoma Notaries
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Oklahoma Notary FAQ
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Oklahoma State Statutes
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“A Notary’s Guide to Completing Journal Entries”
Disclaimer
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