(a) Notary records, other than records of online notarizations,
may be maintained either in a book or electronically in a computer
or other storage device so long as the records are adequately backed-up
and are capable of being printed in a tangible medium when requested.
(b) Records of an online notarization shall be maintained
electronically in computers or other storage devices that are capable
of recording the information required by §406.108, Government
Code, including a recording of any video and audio conference that
is the basis for identifying the principal. An online notary public
may contract with a third party to provide such storage if the third
party:
(1) has provided reasonable evidence to the online
notary public that it is capable of providing such services; and
(2) provides complete access to the online notary public
of all the notary's records for an agreed period of time, which at
minimum, complies with the retention requirements in §87.54 of
this title (relating to Records Retention) even if such a contract
is terminated. If the contract between the online notary public and
the third party is terminated, all records must be transferred to
the online notary public.
(c) The records of a notary public shall remain within
the exclusive control of the notary public at all times.
(d) A notary public who performs multiple notarizations
for the same principal within a single document may abbreviate the
entry of those notarizations in the notary record book, except that
a separate entry must be made for each type of notarial act. The abbreviated
entry must contain all the information required by §406.014,
Government Code, and must include the number of notarizations performed
within the specified document.
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