47.1-7 - Additional requirements for performing electronic notarial acts. - Virginia Statutes

§ 47.1-7. Additional requirements for performing electronic notarial acts.

A. An applicant shall submit a registration form established by the Secretaryfor registering and being commissioned as an electronic notary public, whichshall include:

1. The applicant's full legal and official notary names;

2. A description of the technology or technologies the registrant will use tocreate an electronic signature in performing official acts;

3. If the device used to create the registrant's electronic signature isissued or registered through a licensed authority, the name of thatauthority, the source of the license, the starting and expiration dates ofthe device's term of registration, and any revocations, annulments, or otherpremature terminations of any registered device of the registrant that weredue to misuse or compromise of the device, with the date, cause, and natureof each termination explained in detail;

4. Certification of compliance to the Secretary of the Commonwealth withelectronic notary standards developed in accordance with § 47.1-6.1; and

5. The electronic mail address of the registrant.

B. The registration form shall (i) be signed by the applicant using theelectronic signature described in the form; (ii) include any decryptinginstructions, codes, keys, or software that allow the registration to beread; and (iii) be transmitted electronically to the Secretary.

C. Nothing herein shall be construed to prevent an electronic notary fromusing updated technology or technologies during the term of the commission;however, the electronic notary shall notify the Secretary electronicallywithin 90 days of installation or use of such updated technology ortechnologies and provide a brief description thereof.

(2007, cc. 269, 590; 2009, c. 160.)