41-361
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41-361. Journal; confidential records A. The electronic notary shall keep or shall contract with a party that complies with procedures established by the secretary of state to keep a journal in a form approved by the secretary of state. The electronic notary shall record all notarial acts in chronological order. The electronic notary shall furnish, when requested, a certified copy of any specific public record in the notary's journal. Records of notarial acts that violate the attorney-client privilege or that are confidential pursuant to federal law or the laws of this state are not public record. Each journal entry shall include at least: 1. The date of the electronic notarial act. 2. A description of the document date, time and type of electronic notarial act. 3. The full name and address of each person for whom an electronic notarial act is performed and a description of the verification of the signer's mark. 4. The type of satisfactory evidence of identity presented to the electronic notary by each person for whom an electronic notarial act is performed. 5. A description of the identification document, its serial or identification number and its date of issuance or expiration. 6. The fee, if any, charged for the electronic notarial act. B. If an electronic notary has personal knowledge of the identity of a signer, the requirements of subsection A, paragraphs 1 through 5 may be satisfied by the notary retaining a paper or electronic copy of the electronic notarized documents for each electronic notarial act. C. If an electronic notary does more than one notarization for an individual within a six month period, the electronic notary shall have the individual provide satisfactory evidence of identity the first time the electronic notary performs the notarization for the individual but need not require satisfactory evidence of identity or the individual to sign the journal for subsequent notarizations performed for the individual during the six month period. D. Except as provided in subsection A, the electronic notary's journal is a public record that may be viewed by or copied for any member of the public, but only on presentation to the notary of a written request that details the month and year of the electronic notarial act, the name of the person whose signature was notarized and the type of document or transaction. An electronic notary shall provide a copy of the requested entry in a form the secretary of state prescribes by rule. |