(a) The Office of the Lieutenant Governor may adopt regulations to implement this subchapter. Regulations adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. The regulations may:(1) prescribe the manner of performing notarial acts regarding tangible and electronic records;(2) include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;(3) include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures;(4) prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public;(5) include provisions to prevent fraud or mistake in the performance of notarial acts;(6) establish the process for approving and accepting surety bonds and other forms of assurance under section 831(e); and(7) allow for the increase of the fees set forth in sections 778 and 831, but a regulation that increases the fees by more than 5% per annum is not valid.
(1) prescribe the manner of performing notarial acts regarding tangible and electronic records;
(2) include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;
(3) include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures;
(4) prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public;
(5) include provisions to prevent fraud or mistake in the performance of notarial acts;
(6) establish the process for approving and accepting surety bonds and other forms of assurance under section 831(e); and
(7) allow for the increase of the fees set forth in sections 778 and 831, but a regulation that increases the fees by more than 5% per annum is not valid.
(b) In adopting, amending, or repealing regulations about notarial acts with respect to electronic records, the Office of the Lieutenant Governor shall consider, so far as is consistent with this subchapter:(1) the most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State;(2) standards, practices, and customs of other jurisdictions that substantially enact this subchapter; and(3) the views of governmental officials and entities and other interested persons.
(1) the most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State;
(2) standards, practices, and customs of other jurisdictions that substantially enact this subchapter; and
(3) the views of governmental officials and entities and other interested persons.