Title 49, Title 49 — Notaries Public

The Secretary of State shall appoint and commission in this state notaries public, who shall hold their office for four (4) years. An applicant for a notary commission shall be eighteen (18) years of age or older, a citizen of the United States, and employed within this state or …

The application for a notary commission shall set forth: 1. The name of the applicant, printed exactly as the applicant will sign documents as a notary public; 2. Former names of the applicant, if any; 3. If a resident of this state, the county of residence and street address of …

No suit shall be instituted against any such notary or his securities more than three (3) years after the cause of action accrues. R.L. 1910, § 4249.

A. If a notary’s resident address changes, the notary must inform the Secretary of State in writing within thirty (30) days of such change. The notary is not required to file a new bond or obtain another seal if the notary moves from one county to another. B. If a name change occ…

Sections 1 through 11 of this act shall be known and may be cited as the Uniform Law on Notarial Acts. Added by Laws 1985, c. 131, § 1, eff. Nov. 1, 1985.

As used in the Uniform Law on Notarial Acts: 1. "Notarial acts" means any act that a notary public of this state is authorized to perform, and includes taking an acknowledgment, administering an oath or affirmation, taking a verification upon oath or affirmation, witnessing or at…

attesting signature - Certifying or attesting copies - Making or noting protest - Evidence of true signature. A. In taking an acknowledgment, the notarial officer must determine, either from personal knowledge or from satisfactory evidence, that the person appearing before the of…

Genuineness of signature. A. A notarial act may be performed within this state by the following persons: 1. a notary public of this state; 2. a judge, secretary-bailiff of a judge, clerk, or deputy clerk of any court of this state; 3. all judge advocates, staff judge advocates, a…

territory, district, or possession of the United States. A. A notarial act has the same effect pursuant to the laws of this state as if performed by a notarial officer of this state, if performed in another state, commonwealth, territory, district, or possession of the United Sta…

A. A notarial act has the same effect pursuant to the laws of this state as if performed by a notarial officer of this state if performed anywhere by any of the following persons under authority granted by the law of the United States: 1. a judge, clerk, or deputy clerk of a cour…

multinational or international organization. A. A notarial act has the same effect pursuant to the laws of this state as if performed by a notarial officer of this state if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a …

A. A notarial act must be evidenced by a certificate signed and dated by a notarial officer. The certificate shall include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and may include the official st…

The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by subsection A of Section 8 of this act: 1. For an acknowledgment in an individual capacity: State of County of This instrument was acknow…

A. The Secretary of State may deny, refuse to renew, or revoke a commission as a notary public for a: 1. Conviction of any felony; 2. Failure to meet the qualifications and application requirements set forth in Sections 1 and 1.1 of this title; 3. Failure to comply with the requi…

A notarial act performed prior to November 1, 1985, is not affected by the provisions of the Uniform Law on Notarial Acts. The Uniform Law on Notarial Acts provides an additional method of proving notarial acts. Nothing in the Uniform Law on Notarial Acts diminishes or invalidate…

The Uniform Law on Notarial Acts shall be so interpreted as to make uniform the laws of those states which enact it. Added by Laws 1985, c. 131, § 11, eff. Nov. 1, 1985.

A. Before entering upon the duties of his or her office and not more than sixty (60) days after issuance of a notary commission, every notary public so appointed and commissioned shall file in the office of the Secretary of State, the notary’s oath of office, the notary’s loyalty…

SHORT TITLE. A. Sections 2 through 15 of this act shall be known and may be cited as the "Remote Online Notary Act". B. Nothing in this act shall permit a notary to take testimony, certify transcripts, or otherwise exercise any authority of a certified or licensed shorthand repor…

DEFINITIONS. As used in the Remote Online Notary Act: 1. "Communication technology" means an electronic device or process that allows a notary public and a remotely located individual to communicate with each other by sight and sound; 2. "Credential analysis" means a process or s…

RULEMAKING; ADMINISTRATION OF STANDARDS. A. The Secretary of State shall promulgate rules to implement and ensure the effective administration of the provisions of Sections 1 through 15 of this act and Sections 1 through 12 of Title 49 of the Oklahoma Statutes. The rules shall pr…

REGISTRATION REQUIRED. A. A notary public appointed and commissioned under Section 1 of Title 49 of the Oklahoma Statutes may perform remote online notarizations under Title 49 of the Oklahoma Statutes if authorized by the Secretary of State. Before a notary public performs the n…

AUTHORITY TO PERFORM REMOTE ONLINE NOTARIAL ACTS. A notary public physically located in this state and authorized to perform remote online notarizations under Section 5 of this act may perform a notarial act by means of communication technology for a remotely located individual w…

ELECTRONIC RECORD OF REMOTE ONLINE NOTARIAL ACTS. A. 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…

USE OF ELECTRONIC SIGNATURE AND SEAL. A. In performing a remote online notarial act, a notary public shall attach or logically associate the notary public's electronic signature and electronic seal to the certificate of notarial act in a tamper- evident format. The electronic sea…

REMOTE ONLINE NOTARIZATION PROCEDURES. A. Before performing a remote online notarial act, a notary public shall: 1. Reasonably identify the electronic record before the notary public as the same electronic record in which the principal made a statement or on which the principal e…

FEES. A notary public, or a person acting for or on behalf of a notary public, may charge and collect a fee not to exceed Twenty- five Dollars ($25.00) for a remote online notarial act. Added by Laws 2019, c. 338, § 10, eff. Jan. 1, 2020.

TERMINATION OF NOTARY PUBLIC'S COMMISSION. A. Except as provided by subsection B of this section, a notary public authorized to perform remote online notarial acts whose commission is terminated or revoked shall destroy the coding, disk, certificate, card, software or password th…

LEGAL RECOGNITION OF REMOTE ONLINE NOTARIAL ACTS. A. A remote online notarization under this act satisfies any requirement of law of this state that a principal appear before, appear personally before, or be in the physical presence of a notary public at the time of the performan…

VALIDITY OF REMOTE ONLINE NOTARIAL ACTS. The failure of a notary public to perform a duty or meet a requirement specified in this act does not invalidate a remote online notarial act performed by the notary public. The validity of a remote online notarial act under this act does …

APPLICABLE LAW; CONFLICT OF LAWS. A. The validity of a remote online notarization performed under the Remote Online Notary Act is determined by applying the laws of this state, regardless of the physical location of the principal at the time of the remote online notarization. B. …

Commerce Act. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. The Remote Online Notary Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.) but does not modify, limit or …

Blanks for bonds and oath of office shall be made available on the website of the Secretary of State. R.L. 1910, § 4242. Added by Laws 2015, c. 9, § 3, eff. Nov. 1, 2015.

Fees - Exception. A. Every notary shall obtain a notarial seal containing the words "State of Oklahoma" and "Notary Public" and the notary's name. This seal may be either a metal seal which leaves an embossed impression or a rubber stamp used in conjunction with a stamp pad and i…

A. Notaries public shall have authority within any county in this state to make the proof and acknowledgement of deeds and other instruments of writing required to be proved or acknowledged; to administer oaths; to demand acceptance or payment of foreign or inland bills of exchan…

Any individual convicted of violating subsection B of Section 6 of Title 49 of the Oklahoma Statutes shall be guilty of a misdemeanor and shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00). Upon receipt of a final judgment against a notary public for a viol…

In cases of protests for banks, notaries shall keep a register thereof in a book provided for that purpose by the bank, and the notary shall not be required to deliver such register to the county clerk, but shall leave the same in the possession of such bank. R.L. 1910, § 4246.