Iowa Establishes Procedures for Electronic and Remote Notarial Acts

Weiner Brodsky Kider PC

Weiner Brodsky Kider PC

The Iowa Secretary of State recently amended Chapter 43, “Notarial Acts”, of the Iowa Administrative Code to establish procedures for electronic and remote notarial acts.  The rule will become effective on July 1, 2020.

The rule established or amended procedures concerning:

  • the application, reapproval, and training requirements for an individual applying as a notary public;
  • performance of notarial acts on electronic records;
  • protecting recordings and personally identifiable information;
  • standards for utilizing technology for notarial acts performed for remotely located individuals;
  • technology provider requirements; and
  • registration of technology providers and approval of the technology.

Specifically, the rule requires individuals wishing to perform notarial acts for remotely located individuals to complete additional application and training requirements demonstrating that the individual meets additional training and technology requirements.  The rule also requires a notary public to utilize technology that satisfies a series of requirements, including identity proofing and credential analysis performed by a third-party credential service provider that utilizes methods and standards substantially similar to the current National Institute of Standards and Technology’s Digital Identity Guidelines.

The rule imposes requirements on technology providers, including a requirement to register with the secretary of state.  Furthermore, the rule includes procedures for registering, approving, denying, reconsidering, and rescinding approval of technology providers or associated technology.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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