Texas Register
TITLE 1 ADMINISTRATION
PART 4OFFICE OF THE SECRETARY OF STATE
CHAPTER 87NOTARY PUBLIC
SUBCHAPTER ENOTARY PROCEDURES
RULE §87.43Reasons to Refuse Online Notarization
ISSUE 08/17/2018
ACTION Final/Adopted
Preamble Texas Admin Code Rule
In addition to those in §87.42 of this title (relating to Refusal of Requests for Notarial Services) in which a notary public is authorized to refuse a notarization, an online notary shall refuse to perform an online notarization if:

  (1)The online notary public is unable to verify the identity of the principal using an acceptable means of identification in accordance with Subchapter H;

   (2)The online notary public is unable to verify the security of the two way audio visual transmission;

   (3)The signature of the principal cannot be attached to the electronic document; or

   (4)The digital certificate or electronic seal of the online notary public cannot be attached to the electronic document in a manner that renders any subsequent change or modification to the document evident.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 30, 2018

TRD-201803280

Lindsey Aston

General Counsel

Office of the Secretary of State

Effective date: August 19, 2018

Proposal publication date: June 29, 2018

For further information, please call: (512) 463-5590

 

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