41-359
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41-359. Delivering notarial journals and records; failure to comply; civil penalty; storing records; certified copies A. On the resignation or revocation of an electronic notarial commission, the death of a notary or the expiration of an electronic commission, the electronic notarial journal and records, except those records of notarial acts that are not public record, shall be delivered by certified mail or other means providing a receipt to the office of the secretary of state. If an electronic notary does not apply for reappointment, on expiration of the notarial commission the journal and records shall be delivered to the secretary of state as required for resignation under this subsection. If an electronic notary or the personal representative of a deceased electronic notary does not deposit these records and papers within three months of the expiration of the commission, the secretary of state shall order the notary or the notary's personal representative to pay a civil penalty of at least fifty dollars but not more than five hundred dollars. B. While an electronic notary public is commissioned, an electronic notary public shall keep all records and journals of the notary's acts for at least five years after the date the electronic notarial act was performed. On receipt of the records and journals from an electronic notary public who no longer is commissioned, the secretary of state shall keep all records and journals of electronic notaries public deposited in the secretary of state's office for five years and shall give certified copies when required, and for the copy certifications the secretary of state shall receive the same fees allowed by law to electronic notaries public pursuant to section 41-358. The copy certifications are as valid and effective as if given by an electronic notary public. |