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TITLE 1ADMINISTRATION
PART 4OFFICE OF THE SECRETARY OF STATE
CHAPTER 87NOTARY PUBLIC
SUBCHAPTER HMINIMUM REQUIREMENTS FOR ONLINE NOTARIZATIONS
RULE §87.71Online Notarization System

An online system used to perform online notarial acts by means of audio-video communication shall:

  (1) provide for continuous, synchronous audio-visual feeds;

  (2) provide sufficient video resolution and audio clarity to enable the online notary public and the principal to see and speak to each other simultaneously through live, real time transmission;

  (3) provide sufficient captured image resolution for credential analysis to be performed in accordance with subchapter H of this chapter.

  (4) include a means of authentication that reasonably ensures only the proper parties have access to the audio-video communication;

  (5) provide some manner of ensuring that the electronic record that is presented for online notarization is the same record electronically signed by the principal;

  (6) be capable of securely creating and storing or transmitting securely to be stored an electronic recording of the audio-video communication, keeping confidential the questions asked as part of any identity proofing quiz, and the means and methods used to generate the credential analysis output; and

  (7) provide reasonable security measures to prevent unauthorized access to:

    (A) the live transmission of the audio-video communication;

    (B) a recording of the audio-video communication;

    (C) the verification methods and credentials used to verify the identity of the principal; and

    (D) the electronic documents presented for electronic notarization.


Source Note: The provisions of this §87.71 adopted to be effective August 19, 2018, 43 TexReg 5355

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