41-353
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41-353. Appointment; term; bond; duties A. The secretary of state may appoint electronic notaries public to hold office for four years. B. The secretary of state shall prescribe the application form for an electronic notary. Applicants shall submit the application to the secretary of state with a filing fee, a bond and a bond filing fee as prescribed by rule by the secretary of state. C. The materials and methods for creating notary service electronic certificates and any other encryption based technologies used by an electronic notary shall have a maximum useful life of two years and shall not exceed the life of the electronic notary commission. D. An electronic notary public is a public officer commissioned by this state and the following apply without regard to whether the electronic notary public's employer or any other person has paid the fees and costs for the commissioning of the electronic notary public, including costs for the materials and methods employed with the electronic notary token and the materials and methods for creating notary service electronic certificates and journals: 1. All of the following remain the property of the electronic notary: (a) The materials and methods employed with and solely for the electronic notary token. (b) The materials and methods used solely for creating notary service electronic certificates. (c) Any journals containing only public information record entries. 2. Notwithstanding paragraph 1 of this subsection, an electronic notary does not gain ownership or presumptive access rights to any of an employer's assets or resources that are used or are usable for a purpose other than electronic notarial acts. 3. An electronic notary may perform electronic notarizations outside the workplace of the electronic notary's employer except during those times normally designated as the electronic notary's hours of duty for that employer. All fees received by an electronic notary for electronic notarial services provided while not on duty remain the property of the electronic notary. 4. An employer of an electronic notary shall not limit the electronic notary's services to customers or other persons designated by the employer. E. An electronic notary public shall continue to serve until the electronic notary's commission expires, the electronic notary resigns the commission, the electronic notary dies or the secretary of state suspends or revokes the commission. An employer shall not cancel the electronic notary bond or electronic notary commission of any electronic notary who is an employee and who leaves that employment. F. An electronic notary shall comply with all of the following: 1. Be at least eighteen years of age. 2. Be a citizen or a legal permanent resident of the United States. 3. Be a resident of this state for income tax purposes and claim the individual's residence in this state as the individual's primary residence on state and federal tax returns. 4. Except as provided in section 41-368, subsection A, paragraph 2, never have been convicted of a felony. 5. Keep as a reference a manual that is approved by the secretary of state and that describes the duties, authority and ethical responsibilities of electronic notaries public. G. An applicant for appointment and commission as an electronic notary shall complete an application form prescribed by the secretary of state. Except for the applicant's name, physical business address, electronic business address and business telephone number, all other information on the application is confidential and shall not be disclosed to any person other than the applicant, the applicant's personal representative or an officer or employee of the federal government or this state or its political subdivisions who is acting in an official capacity. The secretary of state shall use the information contained on the application only for carrying out the purposes of this article. H. The state or any of its political subdivisions may pay the fees and costs for the commissioning of an electronic notary who is an employee of this state or any of its political subdivisions and performs electronic notarial services in the course of the electronic notary's employment or for the convenience of public employees. |