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Bill > HB1168


MS HB1168

MS HB1168
Mississippi Law on Notarial Acts; revise to allow notaries to perform remote online notarization.


summary

Introduced
02/14/2024
In Committee
02/14/2024
Crossed Over
Passed
Dead
03/05/2024

Introduced Session

2024 Regular Session

Bill Summary

An Act To Amend Section 25-34-3, Mississippi Code Of 1972, To Define Additional Terms Under The Revised Mississippi Law On Notarial Acts Relating To Remote Online Notarization (ron); To Amend Section 25-34-5, Mississippi Code Of 1972, To Provide That The Law, As Revised By This Act, Applies To Notarial Acts Performed After July 1, 2024; To Amend Section 25-34-7, Mississippi Code Of 1972, To Authorize Notarial Officers To Certify A Tangible Copy Of An Electronic Record As A True And Correct Copy; To Amend Section 25-34-9, Mississippi Code Of 1972, To Authorize The Secretary Of State To Establish The Maximum Fees That May Be Charged By Notaries And To Clarify That A Notary Is Not Required To Charge A Fee; To Amend Section 25-34-11, Mississippi Code Of 1972, To Prescribe Requirements For Performing Remote Notarizations; To Amend Section 25-34-15, Mississippi Code Of 1972, To Prescribe The Requirements For Identifying A Person Appearing Before A Notary Remotely; To Amend Section 25-34-17, Mississippi Code Of 1972, To Prohibit A Notary From Performing A Remote Notarization When The Notary Does Not Know How To Operate The Required Technology Or If The Technology Does Not Meet Certain Requirements; To Amend Section 25-34-31, Mississippi Code Of 1972, To Require A Notary's Certificate To Indicate When A Notarization Has Been Performed Remotely; To Amend Section 25-34-37, Mississippi Code Of 1972, To Require Remote Notarizations To Be Audio Visually Recorded; To Amend Section 25-34-51, Mississippi Code Of 1972, To Prescribe Certain Matters That Must Be Included In Rules And Regulations Adopted By The Secretary Of State Which Relate To The Implementation Of The Law On Notarial Acts; To Amend Section 25-34-53, Mississippi Code Of 1972, To Clarify That A Notary's Commission Existing On The Effective Date Of This Act Is Not Affected Until It Expires; To Amend Section 25-34-55, Mississippi Code Of 1972, To Clarify That Notarial Acts Performed Before The Effective Date Of This Act Are Not Affected Or Invalidated By This Act's Passage; And For Related Purposes.

AI Summary

This bill revises the Mississippi law on notarial acts to allow notaries to perform remote online notarization (RON). The key provisions include: - Defining new terms related to RON, such as "communication technology", "credential analysis", "identity proofing", "remote ink-signed notarization (RIN)", and "remote online notarization (RON)". - Allowing notaries in Mississippi to perform RIN or RON for remotely located individuals, as long as they can verify the individual's identity using specific methods. - Requiring notaries to create an audio-visual recording of any remote notarization and retain it for at least 7 years. - Authorizing the Secretary of State to establish rules and standards for communication technology, identity proofing, and retention of recordings. - Clarifying that the law applies to notarial acts performed after July 1, 2024, and does not affect the validity of notarial acts performed before that date. The overall purpose of the bill is to modernize Mississippi's notarial laws to allow for secure remote notarization options, while establishing safeguards and standards to ensure the integrity of remote notarial acts.

Committee Categories

Justice

Sponsors (2)

Last Action

Died In Committee (on 03/05/2024)

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