Okla. Stat. tit. 49, § 49-1.1 — OK Code / Title 49 / Section 49-1.1
Notary commission application
Status: in_force

The application for a notary commission shall set forth:

Oklahoma Statutes - Title 49. Notaries Public Page 2

1. The name of the applicant, printed exactly as the applicant

will sign documents as a notary public;

2. Former names of the applicant, if any;

3. If a resident of this state, the county of residence and

street address of the applicant;

4. If a resident of another state, the county and street

address of the applicant's place of employment in Oklahoma and the

applicant's residence address;

5. Daytime phone number of the applicant;

6. Electronic mail address of the applicant;

7. A statement that the applicant is at least eighteen (18)

years of age;

8. A designation of new, renewal or expired commission

including an expiration date if applicable;

9. A statement that the applicant is a citizen of the United

States;

10. A statement that the applicant has never been convicted of

a felony;

11. A statement that the applicant is able to read and write in

English; and

12. Signature of the applicant, exactly as the applicant will

sign documents as a notary public.
Okla. Stat. tit. 49, § 49-205 — OK Code / Title 49 / Section 49-205
Authority to perform remote online notarial acts
Status: in_force

AUTHORITY TO PERFORM REMOTE ONLINE NOTARIAL ACTS. A notary

public physically located in this state and authorized to perform

remote online notarizations under Section 5 of this act may perform

Oklahoma Statutes - Title 49. Notaries Public Page 17

a notarial act by means of communication technology for a remotely

located individual who is physically located:

1. In this state;

2. Outside this state but not outside the United States; or

3. Outside the United States if:

a. the electronic record:

(1) is to be filed with or relates to a matter before

a court, governmental entity, public official or

other entity subject to the jurisdiction of the

United States, or

(2) involves property located in the territorial

jurisdiction of the United States or a

transaction substantially connected to the United

States, and

b. the notary public has no actual knowledge that the act

of making the statement or signing the electronic

record is prohibited by the foreign state in which the

remotely located individual is located.
Okla. Stat. tit. 49, § 49-111 — OK Code / Title 49 / Section 49-111
Short title
Status: in_force

Oklahoma Statutes - Title 49. Notaries Public Page 7

Sections 1 through 11 of this act shall be known and may be

cited as the Uniform Law on Notarial Acts.
Okla. Stat. tit. 49, § 49-3 — OK Code / Title 49 / Section 49-3
Blanks for bond and oath
Status: in_force

Blanks for bonds and oath of office shall be made available on

the website of the Secretary of State.

R.L. 1910, § 4242. Added by Laws 2015, c. 9, § 3, eff. Nov. 1,

2015.
Okla. Stat. tit. 49, § 49-10 — OK Code / Title 49 / Section 49-10
Statute of limitations
Status: in_force

No suit shall be instituted against any such notary or his

securities more than three (3) years after the cause of action

accrues.

R.L. 1910, § 4249.
Okla. Stat. tit. 49, § 49-114 — OK Code / Title 49 / Section 49-114
Person who may perform notarial acts - Federal acts -
Status: in_force

Genuineness of signature.

A. A notarial act may be performed within this state by the

following persons:

1. a notary public of this state;

2. a judge, secretary-bailiff of a judge, clerk, or deputy

clerk of any court of this state;

3. all judge advocates, staff judge advocates, assistant judge

advocates and all legal officers of the state military forces in

performance of their official duties for military personnel and

their dependents; or

4. any other person authorized to perform the specific act by

the law of this state.

B. Notarial acts performed within this state under federal

authority have the same effect as if performed by a notarial officer

of this state.

Oklahoma Statutes - Title 49. Notaries Public Page 9

C. The signature and title of a person performing a notarial

act are prima facie evidence that the signature is genuine and that

the person holds the designated title.
Okla. Stat. tit. 49, § 49-5 — OK Code / Title 49 / Section 49-5
Notarial Seal - Authentication of documents - Penalties -
Status: in_force

Fees - Exception.

A. Every notary shall obtain a notarial seal containing the

words "State of Oklahoma" and "Notary Public" and the notary's name.

This seal may be either a metal seal which leaves an embossed

impression or a rubber stamp used in conjunction with a stamp pad

and ink. Each notary shall authenticate all official acts,

attestations, and instruments with this seal; and shall add to the

notary's official signature, the commission number of the notary and

the date of expiration of the commission of the notary. Failure to

add the commission number or the date of expiration of the

commission shall not affect the recordability of the instrument or

the notice given by such recording. This date and commission number

may be a part of the stamp or seal. If any notary public shall

neglect or refuse to attach to the notary's official signature the

date of expiration of the notary's commission, the notary shall be

deemed guilty of a misdemeanor, and upon conviction thereof shall be

fined in any sum not exceeding Fifty Dollars ($50.00). The maximum

fee a notary may charge and collect for each notarial act is Five

Dollars ($5.00), except no fee shall be charged for the notarization

of an official absentee ballot affidavit.

Oklahoma Statutes - Title 49. Notaries Public Page 4

B. As authorized by Section 15-111 of Title 12A of the Oklahoma

Statutes, regarding electronic transactions, a notary public's use

of an electronic signature and electronic seal satisfies the

requirement in this section to authenticate an official act with an

official signature and seal of office. The electronic seal must

legibly reproduce the required elements of the notarial seal.
Okla. Stat. tit. 49, § 49-202 — OK Code / Title 49 / Section 49-202
Definitions
Status: in_force

DEFINITIONS. As used in the Remote Online Notary Act:

1. "Communication technology" means an electronic device or

process that allows a notary public and a remotely located

individual to communicate with each other by sight and sound;

2. "Credential analysis" means a process or service that meets

the standards under Section 4 of this act through which a third

person affirms the validity of an identification credential through

review of public or private data sources;

3. "Electronic" means relating to technology having electrical,

digital, magnetic, wireless, optical, electromagnetic or similar

capabilities;

4. "Electronic record" means information that is created,

generated, sent, communicated, received or stored by electronic

means;

5. "Electronic seal" means an electronic image containing

information attached to or logically associated with an electronic

record that contains the notary public's name exactly as indicated

on the notary's commission, the words "State of Oklahoma" and

"Notary Public", and the notary public's commission number and the

date of expiration of the notary public's commission;

6. "Electronic signature" means an electronic sound, symbol or

process attached to or logically associated with an electronic

record and executed or adopted by a person with the intent to sign

the electronic record;

7. "Foreign state" means a jurisdiction other than the United

States, a state or a federally recognized Indian tribe;

8. "Identity proofing" means a process or service that meets

the standards under Section 4 of this act through which a third

person provides a notary public with a means to verify the identity

of a remotely located individual by a review of personal information

from public or private data sources;

9. "Notarial act" or "notarization" means an act that a notary

public is authorized to perform under subsection A of Section 6 of

Title 49 of the Oklahoma Statutes or under any other law of this

state;

Oklahoma Statutes - Title 49. Notaries Public Page 14

10. "Outside the United States" means a location outside the

geographic boundaries of the United States, Puerto Rico, the United

States Virgin Islands and any territory, insular possession or other

location subject to the jurisdiction of the United States;

11. "Person" means an individual, corporation, business trust,

statutory trust, estate, trust, partnership, limited liability

company, association, joint venture, public corporation, government

or governmental subdivision, agency or instrumentality, or any other

legal or commercial entity;

12. "Personal knowledge" means knowledge through dealings

sufficient to provide reasonable certainty that the individual has

the identity claimed, and "personally known" and "personally knows"

have corresponding meanings;

13. "Principal" means a remotely located individual whose

signature is notarized in a remote online notarization, whether in

an individual or representative capacity, or who makes an oath,

affirmation or acknowledgment in a remote online notarization, other

than in the capacity of a witness;

14. "Remote online notarization" or "remote online notarial

act" means a notarial act performed by means of communication

technology under this act;

15. "Remote presentation" means transmission to a notary public

through communication technology of an image of a remotely located

individual's identification credential that is of sufficient quality

to enable the notary public to reasonably identify the remotely

located individual and to perform credential analysis;

16. "Remotely located individual" means an individual who is

not in the physical presence of the notary public who performs a

remote online notarization; and

17. "State" means a state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands or any

territory or insular possession subject to the jurisdiction of the

United States.
Okla. Stat. tit. 49, § 49-117 — OK Code / Title 49 / Section 49-117
Notarial acts performed by officer of foreign nation or
Status: in_force

multinational or international organization.

A. A notarial act has the same effect pursuant to the laws of

this state as if performed by a notarial officer of this state if

performed within the jurisdiction of and under authority of a

foreign nation or its constituent units or a multinational or

international organization by any of the following persons:

1. a notary public or notary;

2. a judge, clerk, or deputy clerk of a court of record; or

3. any other person authorized by the law of that jurisdiction

to perform notarial acts.

B. An "Apostille" in the form prescribed by the Hague

Convention of October 5, 1961, conclusively establishes that the

signature of the notarial officer is genuine and that the officer

holds the indicated office.

C. A certificate by a foreign service or consular officer of

the United States stationed in the nation under the jurisdiction of

which the notarial act was performed, or a certificate by a foreign

service or consular officer of that nation stationed in the United

States, conclusively establishes any matter relating to the

authenticity or validity of the notarial act set forth in the

certificate.

D. An official stamp or seal of the person performing the

notarial act is prima facie evidence that the signature is genuine

and that the person holds the indicated title.

E. An official stamp or seal of an officer listed in this

section is prima facie evidence that a person with the indicated

title has authority to perform notarial acts.

F. If the title of office and indication of authority to

perform notarial acts appears either in a digest of foreign law or

in a list customarily used as a source for that information, the

authority of an officer with that title to perform notarial acts is

conclusively established.
Okla. Stat. tit. 49, § 49-119 — OK Code / Title 49 / Section 49-119
Short form certificates of notarial acts
Status: in_force

The following short form certificates of notarial acts are

sufficient for the purposes indicated, if completed with the

information required by subsection A of Section 8 of this act:

1. For an acknowledgment in an individual capacity:

State of

County of

This instrument was acknowledged before me on (date) by

(name(s) of person(s)).

(Signature of notarial officer)

(Seal, if any)

Title (and Rank)

(My commission expires: )

2. For an acknowledgment in a representative capacity:

State of

County of

This instrument was acknowledged before me on (date) by

(name(s) of person(s)) as (type of authority, e.g., officer,

trustee, etc.) of (name of party on behalf of whom instrument was

executed).

(Signature of notarial officer)

(Seal, if any)

Title (and Rank)

(My commission expires: )

3. For a verification upon oath or affirmation:

State of

Oklahoma Statutes - Title 49. Notaries Public Page 12

County of

Signed and sworn to (or affirmed) before me on (date) by

(name(s) of person(s) making statement).

(Signature of notarial officer)

(Seal, if any)

Title (and Rank)

(My commission expires: )

4. For witnessing or attesting a signature:

State of

County of

Signed or attested before me on (date) by (name(s) of

person(s)).

(Signature of notarial officer)

(Seal, if any)

Title (and Rank)

(My commission expires: )

5. For attestation of a copy of a document:

State of

County of

I certify that this is a true and correct copy of a document in

the possession of

Dated

(Signature of notarial officer)

(Seal, if any)

Title (and Rank)

(My commission expires: )
Okla. Stat. tit. 49, § 49-112 — OK Code / Title 49 / Section 49-112
Definitions
Status: in_force

As used in the Uniform Law on Notarial Acts:

1. "Notarial acts" means any act that a notary public of this

state is authorized to perform, and includes taking an

acknowledgment, administering an oath or affirmation, taking a

verification upon oath or affirmation, witnessing or attesting a

signature, certifying or attesting a copy, and noting a protest of a

negotiable instrument.

2. "Acknowledgment" means a declaration by a person that the

person has executed an instrument for the purposes stated therein

and, if the instrument is executed in a representative capacity,

that the person signed the instrument with proper authority and

executed it as the act of the person or entity represented and

identified therein.

3. "Verification upon oath or affirmation" means a declaration

that a statement is true made by a person upon oath or affirmation.

4. "In a representative capacity" means:

a. for and on behalf of a corporation, partnership,

trust, or other entity, as an authorized officer,

agent, partner, trustee, or other representative;

b. as a public officer, personal representative,

guardian, or other representative, in the capacity

recited in the instrument;

c. as an attorney-in-fact for a principal; or

d. in any other capacity as an authorized representative

of another.

5. "Notarial officer" means a notary public or any other person

authorized to perform notarial acts in the place in which the act is

performed.
Okla. Stat. tit. 49, § 49-121 — OK Code / Title 49 / Section 49-121
Interpretation of act
Status: in_force

The Uniform Law on Notarial Acts shall be so interpreted as to

make uniform the laws of those states which enact it.
Okla. Stat. tit. 49, § 49-208 — OK Code / Title 49 / Section 49-208
Remote online notarization procedures
Status: in_force

REMOTE ONLINE NOTARIZATION PROCEDURES. A. Before performing a

remote online notarial act, a notary public shall:

1. Reasonably identify the electronic record before the notary

public as the same electronic record in which the principal made a

statement or on which the principal executed or adopted an

electronic signature; and

2. Take reasonable steps to ensure that the communication

technology used in the remote online notarial act is secure from

unauthorized interception.

B. In performing a remote online notarial act, a notary shall

reasonably verify the identity of the principal by:

1. The notary public's personal knowledge of the principal;

2. Each of the following:

a. remote presentation by the principal of a current

government-issued identification credential containing

the photograph and signature of the principal,

b. credential analysis of the identification credential,

and

c. identity proofing of the principal; or

3. Oath or affirmation of a credible witness who personally

knows the principal if:

a. the credible witness is personally known to the notary

public, or

b. the notary public has reasonably verified the identity

of the credible witness under paragraph 2 of this

subsection.

C. A notary public may:

1. Require a principal or credible witness to provide

additional information necessary to assure the notary public of the

identity of the principal or credible witness; and

2. Refuse to perform a remote online notarial act if the remote

online notary public is not satisfied as to the identity of a

principal.

Oklahoma Statutes - Title 49. Notaries Public Page 20

D. A credible witness under subsection B of this section who

is:

1. Physically present with a principal at the time of a remote

online notarial act may be a remotely located individual if the

credible witness and notary public communicate by means of

communication technology; or

2. Physically present with a notary public at the time of a

remote online notarial act may be outside the physical presence of a

principal if the credible witness and principal communicate by means

of communication technology.

E. The certificate of notarial act for a remote online

notarization shall indicate that the notarial act was a remote

online notarial act performed by means of communication technology.

A certificate is sufficient to satisfy the requirement of this

subsection if it:

1. Complies with standards under Section 4 of this act; or

2. Is in a form otherwise sufficient under the laws of this

state and contains a statement substantially as follows: "This

remote online notarization involved the use of communication

technology."
Okla. Stat. tit. 49, § 49-207 — OK Code / Title 49 / Section 49-207
Use of electronic signature and seal
Status: in_force

USE OF ELECTRONIC SIGNATURE AND SEAL. A. In performing a

remote online notarial act, a notary public shall attach or

logically associate the notary public's electronic signature and

electronic seal to the certificate of notarial act in a tamper-

evident format. The electronic seal shall be capable of being

copied together with the electronic record to which it is attached

or with which it is logically associated. The certificate shall be

attached to or logically associated with the electronic record that

is the subject of the remote online notarial act. If the Secretary

of State has approved standards under Section 4 of this act for

attaching or logically associating the electronic signature,

electronic seal or certificate, the process shall conform to the

standards.

B. A notary public's use of an electronic signature and

electronic seal under this section satisfies the requirement of

Section 5 of Title 49 of the Oklahoma Statutes that a notary public

authenticate an official act with an official signature and seal of

office.

C. A notary public shall take reasonable steps to protect the

notary public's electronic seal from unauthorized use. A notary

public may not allow another person to use the notary public's

electronic seal.

D. A notary public shall immediately notify an appropriate law

enforcement agency and the Secretary of State upon actual knowledge

Oklahoma Statutes - Title 49. Notaries Public Page 19

of the theft or vandalism of the notary public's journal or

electronic seal. A notary public shall immediately notify the

Secretary of State upon actual knowledge of the loss or use by

another person of the notary public's journal or electronic seal.

E. Unless required as part of the application under subsection

C of Section 5 of this act, a notary public is not required to

submit an image of the notary public's electronic seal to the

Secretary of State. A notary public's electronic seal is not

subject to the requirement that an impression be filed with and

approved by the Secretary of State under Section 2 of Title 49 of

the Oklahoma Statutes.
Okla. Stat. tit. 49, § 49-210 — OK Code / Title 49 / Section 49-210
Termination of notary public's commission
Status: in_force

TERMINATION OF NOTARY PUBLIC'S COMMISSION. A. Except as

provided by subsection B of this section, a notary public authorized

to perform remote online notarial acts whose commission is

terminated or revoked shall destroy the coding, disk, certificate,

card, software or password that enables the notary public to attach

or logically associate the notary public's electronic signature and

electronic seal to an electronic record. A notary public subject to

the provisions of this subsection shall certify compliance with this

subsection to the Secretary of State. On the death or adjudication

of incompetency of a notary public, the notary public's personal

representative or guardian shall comply with the provisions of this

subsection.

B. A former notary public whose commission is terminated for a

reason other than revocation is not required to destroy the items

described by subsection A of this section if the former notary

public receives a new commission as a notary public within three (3)

months of the termination of the notary public's former commission.

Oklahoma Statutes - Title 49. Notaries Public Page 21

C. A notary public's electronic signature and electronic seal

shall be destroyed under subsection A of this section if:

1. The notary public's name changes during the term of the

notary public's commission; and

2. The notary public elects to use the notary public's new name

under a new commission pursuant to paragraph 2 of subsection B of

Section 11 of Title 49 of the Oklahoma Statutes.

D. The termination of a notary public's commission shall not

affect the retention requirements of subsection D of Section 7 of

this act.
Okla. Stat. tit. 49, § 49-115 — OK Code / Title 49 / Section 49-115
Notarial acts performed in another state, commonwealth,
Status: in_force

territory, district, or possession of the United States.

A. A notarial act has the same effect pursuant to the laws of

this state as if performed by a notarial officer of this state, if

performed in another state, commonwealth, territory, district, or

possession of the United States by any of the following persons:

1. a notary public of that jurisdiction;

2. a judge, clerk, or deputy clerk of a court of that

jurisdiction;

3. all judge advocates, staff judge advocates, assistant judge

advocates and all legal officers of the state military forces; or

4. any other person authorized by the law of that jurisdiction

to perform notarial acts.

B. Notarial acts performed in other jurisdictions of the United

States under federal authority have the same effect as if performed

by a notarial officer of this state.

C. The signature and title of a person performing a notarial

act are prima facie evidence that the signature is genuine and that

the person holds the designated title.

D. The signature and indicated title of an officer listed in

this section conclusively establish the authority of a holder of

that title to perform a notarial act.
Okla. Stat. tit. 49, § 49-209 — OK Code / Title 49 / Section 49-209
Fees
Status: in_force

FEES. A notary public, or a person acting for or on behalf of a

notary public, may charge and collect a fee not to exceed Twenty-

five Dollars ($25.00) for a remote online notarial act.
Okla. Stat. tit. 49, § 49-116 — OK Code / Title 49 / Section 49-116
Notarial acts performed by certain federal officers
Status: in_force

A. A notarial act has the same effect pursuant to the laws of

this state as if performed by a notarial officer of this state if

performed anywhere by any of the following persons under authority

granted by the law of the United States:

1. a judge, clerk, or deputy clerk of a court;

2. a commissioned officer on active duty in the military

service of the United States;

3. an officer of the foreign service or consular officer of the

United States; or

4. any other person authorized by federal law to perform

notarial acts.

B. The signature and title of a person performing a notarial

act are prima facie evidence that the signature is genuine and that

the person holds the designated title.

Oklahoma Statutes - Title 49. Notaries Public Page 10

C. The signature and indicated title of an officer listed in

this section conclusively establish the authority of a holder of

that title to perform a notarial act.
Okla. Stat. tit. 49, § 49-12 — OK Code / Title 49 / Section 49-12
Grounds to deny, refuse to renew, or revoke a commission
Status: in_force

A. The Secretary of State may deny, refuse to renew, or revoke

a commission as a notary public for a:

1. Conviction of any felony;

2. Failure to meet the qualifications and application

requirements set forth in Sections 1 and 1.1 of this title;

3. Failure to comply with the requirements set forth in Section

2 of this title; or

4. Failure to comply in good faith with the requirements set

forth in Section 113 of this title.

B. Upon receipt of a final judgment from a district court in

this state or its equivalent in a foreign jurisdiction against a

notary public in this state for performing a false or fraudulent

notarial act, the Secretary of State shall revoke the appointment of

the notary public.
Okla. Stat. tit. 49, § 49-201 — OK Code / Title 49 / Section 49-201
Short title - Remote Online Notary Act
Status: in_force

SHORT TITLE. A. Sections 2 through 15 of this act shall be

known and may be cited as the "Remote Online Notary Act".

B. Nothing in this act shall permit a notary to take testimony,

certify transcripts, or otherwise exercise any authority of a

certified or licensed shorthand reporter, as provided in Sections

1501 through 1513 of Title 20 of the Oklahoma Statutes.
Okla. Stat. tit. 49, § 49-206 — OK Code / Title 49 / Section 49-206
Electronic record of remote online notarial acts
Status: in_force

ELECTRONIC RECORD OF REMOTE ONLINE NOTARIAL ACTS. A. A notary

public shall maintain a journal in a permanent, tamper-evident

electronic format complying with standards promulgated by the

Secretary of State in which the notary public chronicles all remote

online notarial acts that the notary public performs. An entry in a

journal shall be made contemporaneously with the performance of the

remote online notarial act and contain the following information:

1. The date and time of the remote online notarial act;

2. A description of the document, if any, and type of notarial

act;

3. The full name and address of each principal for whom the

notarial act is performed;

4. If the identity of the principal is based on personal

knowledge, a statement to that effect;

5. If identity of the principal is based on credential analysis

and identity proofing, a brief description of the results of the

identity verification process and the identification credential

remotely presented, including the date of issuance and expiration of

the identification credential;

6. If identity of the principal is based on oath or affirmation

of a credible witness, the information identified in paragraph 4 or

5 of this subsection, as applicable, that provided a basis for the

notary public's identification of the credible witness, a statement

of the basis by which the credible witness claims personal knowledge

of the principal, the location of the credible witness, and the full

name and address of the credible witness; and

Oklahoma Statutes - Title 49. Notaries Public Page 18

7. The fee, if any, charged by the notary public.

B. A notary public, or a person acting on behalf of the notary

public, shall create an audio and visual recording of the

performance of each remote online notarial act.

C. A notary public shall take reasonable steps to:

1. Ensure the integrity, security and authenticity of remote

online notarial acts;

2. Maintain a backup of the journal and the audio and visual

recording; and

3. Protect the backup from unauthorized use.

D. A notary public, a guardian, conservator or agent of the

notary public, or a personal representative of a deceased notary

public shall retain the journal and the audio and visual recording

or cause the journal and the recording to be retained by a

depository designated by or on behalf of the person required to

retain the journal and the recording. The recording shall be

retained for at least ten (10) years from the date of the remote

online notarial act. The journal shall be retained for at least ten

(10) years after the performance of the last remote online notarial

act chronicled in the journal.
Okla. Stat. tit. 49, § 49-113 — OK Code / Title 49 / Section 49-113
Taking acknowledgment or verification - Witnessing or
Status: in_force

attesting signature - Certifying or attesting copies - Making or

noting protest - Evidence of true signature.

A. In taking an acknowledgment, the notarial officer must

determine, either from personal knowledge or from satisfactory

evidence, that the person appearing before the officer and making

the acknowledgment is the person whose true signature is on the

instrument.

B. In taking a verification upon oath or affirmation, the

notarial officer must determine, either from personal knowledge or

from satisfactory evidence, that the person appearing before the

Oklahoma Statutes - Title 49. Notaries Public Page 8

officer and making the verification is the person whose true

signature is on the statement verified.

C. In witnessing or attesting a signature the notarial officer

must determine, either from personal knowledge or from satisfactory

evidence, that the signature is that of the person appearing before

the officer and named therein.

D. In certifying or attesting a copy of a document or other

item, the notarial officer must determine that the proffered copy is

a full, true, and accurate transcription or reproduction of that

which was copied. In the case of official records, only the

custodian of the official records may issue an official certified

copy.

E. In making or noting a protest of a negotiable instrument the

notarial officer must determine the matters set forth in Section 3-

509 of the Uniform Commercial Code.

F. A notarial officer has satisfactory evidence that a person

is the person whose true signature is on a document if that person

is personally known to the notarial officer, is identified upon the

oath or affirmation of a credible witness personally known to the

notarial officer or is identified on the basis of identification

documents.

G. A notarial officer who performs a notarial act pursuant to

this section without first making in good faith the required

determination of the identity of the person appearing before the

notary shall be guilty of a misdemeanor and upon conviction be

subject to a fine not to exceed One Thousand Dollars ($1,000.00), to

imprisonment in the county jail not to exceed ten (10) days, or both

such fine and imprisonment.
Okla. Stat. tit. 49, § 49-120 — OK Code / Title 49 / Section 49-120
Construction and application of act
Status: in_force

A notarial act performed prior to November 1, 1985, is not

affected by the provisions of the Uniform Law on Notarial Acts. The

Uniform Law on Notarial Acts provides an additional method of

proving notarial acts. Nothing in the Uniform Law on Notarial Acts

diminishes or invalidates the recognition accorded to notarial acts

by other laws or regulations of this state.
Okla. Stat. tit. 49, § 49-1 — OK Code / Title 49 / Section 49-1
Appointment - Removal
Status: in_force

The Secretary of State shall appoint and commission in this

state notaries public, who shall hold their office for four (4)

years. An applicant for a notary commission shall be eighteen (18)

years of age or older, a citizen of the United States, and employed

within this state or a legal resident of this state. A national

criminal history record check, as defined in Section 150.9 of Title

74 of the Oklahoma Statutes, shall be conducted electronically of

any applicant for a notary commission, including any applicant for

renewal. The Oklahoma State Bureau of Investigation (OSBI) shall

electronically obtain fingerprints of the applicant and require that

the person pay a search fee not to exceed Fifty Dollars ($50.00) or

the cost of the search, whichever is the lesser amount. The fees

shall be deposited in the OSBI Revolving Fund. The Oklahoma State

Bureau of Investigation shall provide the national criminal history

record check to the Secretary of State within fourteen (14) working

days from the receipt of the request. OSBI may contact the Federal

Bureau of Investigation to obtain the information requested. A

felony conviction shall be grounds for removal of a person from the

office of notary public and shall preclude a person from further

applying for or renewing a notary commission. All notary

commissions shall run in the name and by the authority of the State

of Oklahoma, be signed by the Secretary of State, and sealed with

the Great Seal of the State of Oklahoma. Commissions shall not be

attested. Any person filing an application for a new notary

commission shall pay Fifty Dollars ($50.00) to the Secretary of

State with the application. Any person filing an application for a

renewal of a notary commission shall pay Forty-five Dollars ($45.00)

to the Secretary of State with the application. Any person

requiring “same day filing service” shall pay Fifty Dollars ($50.00)

to the Secretary of State in addition to the applicable filing fee.

These funds shall be deposited in the revolving fund created for the

Secretary of State pursuant to the provisions of Section 276.1 of

Title 62 of the Oklahoma Statutes.
Okla. Stat. tit. 49, § 49-6 — OK Code / Title 49 / Section 49-6
Authority - Provision of legal advice
Status: in_force

A. Notaries public shall have authority within any county in

this state to make the proof and acknowledgement of deeds and other

instruments of writing required to be proved or acknowledged; to

administer oaths; to demand acceptance or payment of foreign or

inland bills of exchange and promissory notes, and protest the same

for nonacceptance or nonpayment, as the same may require, and to

exercise such other powers and duties as by law of nations and

commercial usage may be performed by notaries public. A notary may

not notarize his or her own signature.

B. No notary public, except those who are licensed attorneys or

otherwise authorized by law to represent persons on immigration or

citizenship matters, shall hold himself or herself out as having

expertise in providing legal advice on any proceeding, filing or

action affecting the immigration or citizenship status of another

person. For purposes of this section, “legal advice” means any

direct or indirect advice or counsel related to provisions of the

Immigration and Nationality Act including, but not limited to,

assistance in the selection of immigration forms required by the

Immigration and Nationality Act, advice or council related to

responses to information required on forms by the Immigration and

Nationality Act, or acting in a representative capacity in an

attempt to redress wrongs or secure benefits provided by the

Immigration and Nationality Act. Any notary public who provides

nonlegal assistance on any proceeding, filing or action affecting

the immigration or citizenship status of another person shall give

the following notice to that person verbally and in writing: “I am

not a licensed attorney or representative of any government agency

with authority over immigration or citizenship and, therefore,

cannot offer legal advice about immigration or any other legal

matters.” If the notary public operates a business or advertises

in any language other than English, such notice shall be given in

both English and in the other language or languages. Literal

translation of the phrase “notary public” into Spanish, hereby

Oklahoma Statutes - Title 49. Notaries Public Page 5

defined as “notario publico” or “notario”, is prohibited. For

purposes of this section, “literal translation” of a word or phrase

from one language to another means the translation of a word or

phrase without regard to the true meaning of the word or phrase in

the language which is being translated.
Okla. Stat. tit. 49, § 49-213 — OK Code / Title 49 / Section 49-213
Applicable law - Conflict of laws
Status: in_force

APPLICABLE LAW; CONFLICT OF LAWS. A. The validity of a remote

online notarization performed under the Remote Online Notary Act is

determined by applying the laws of this state, regardless of the

physical location of the principal at the time of the remote online

notarization.

B. In the event of a conflict between a provision of the Remote

Online Notary Act and another provision of Title 49 of the Oklahoma

Oklahoma Statutes - Title 49. Notaries Public Page 22

Statutes or any other law of this state, the provision of the Remote

Online Notary Act controls.
Okla. Stat. tit. 49, § 49-203 — OK Code / Title 49 / Section 49-203
Rulemaking - Administration of standards
Status: repealed

RULEMAKING; ADMINISTRATION OF STANDARDS. A. The Secretary of

State shall promulgate rules to implement and ensure the effective

administration of the provisions of Sections 1 through 15 of this

act and Sections 1 through 12 of Title 49 of the Oklahoma Statutes.

The rules shall provide standards for:

1. Ensuring integrity in the creation, transmittal, storage and

authentication of electronic signatures, electronic seals and

electronic records;

2. The means of performing remote online notarial acts;

3. Communication technology, credential analysis and identity

proofing;

Oklahoma Statutes - Title 49. Notaries Public Page 15

4. The retention of journals and audio and visual recordings

under Section 7 of this act;

5. Sufficient forms of notarial certificates for remote online

notarizations; and

6. Other matters as deemed necessary by the Secretary of State

to implement and administer the provisions of Sections 1 through 15

of this act and Sections 1 through 12 of Title 49 of the Oklahoma

Statutes.

B. In promulgating, amending, supplementing and repealing rules

under this section, the Secretary of State may consider standards

adopted by national standard-setting bodies such as the National

Association of Secretaries of State and the Mortgage Industry

Standards and Maintenance Organization, the standards and practices

of other jurisdictions that have laws substantially similar to the

provisions of Title 49 of the Oklahoma Statutes, and the views of

government officials and other interested persons.

C. The rules promulgated under this section may be amended,

supplemented and repealed.
Okla. Stat. tit. 49, § 49-6.1 — OK Code / Title 49 / Section 49-6.1
Violation of Section 6 - Penalties
Status: in_force

Any individual convicted of violating subsection B of Section 6

of Title 49 of the Oklahoma Statutes shall be guilty of a

misdemeanor and shall be subject to a fine not to exceed One

Thousand Dollars ($1,000.00). Upon receipt of a final judgment

against a notary public for a violation of subsection B of Section 6

of Title 49 of the Oklahoma Statutes from a district court of this

state or its equivalent from a foreign jurisdiction, the Secretary

of State shall revoke the appointment of the notary for a period of

eight (8) years.
Okla. Stat. tit. 49, § 49-204 — OK Code / Title 49 / Section 49-204
Registration required
Status: in_force

REGISTRATION REQUIRED. A. A notary public appointed and

commissioned under Section 1 of Title 49 of the Oklahoma Statutes

may perform remote online notarizations under Title 49 of the

Oklahoma Statutes if authorized by the Secretary of State. Before a

notary public performs the notary public's initial remote online

notarization, the notary public shall register with the Secretary of

State under subsection C of this section and receive written

authorization from the Secretary of State under subsection D of this

section. An individual may apply for a commission under Section 1

of Title 49 of the Oklahoma Statutes and apply for registration

under this section at the same time.

B. A notary public applying to register to perform remote

online notarizations shall pay a fee of Twenty-five Dollars ($25.00)

to the Secretary of State with the application. These funds shall

be deposited in the revolving fund created for the Secretary of

State under Section 276.1 of Title 62 of the Oklahoma Statutes.

C. A notary public registering to perform remote online

notarizations under this section shall submit a completed

application using the forms or format required by the Secretary of

State that shall include:

1. The full legal name of the applicant and the applicant's

official name as it appears on the applicant's notarial commission

under Section 1 of Title 49 of the Oklahoma Statutes;

2. A description of the technology the applicant intends to use

in performing remote online notarizations;

Oklahoma Statutes - Title 49. Notaries Public Page 16

3. A statement that the applicant will comply with the

standards under Section 4 of this act; and

4. Any other information the Secretary of State may by rule

require.

D. If the technology identified by the applicant conforms to

the standards under Section 4 of this act and the applicant has

satisfied the requirements of this section, the Secretary of State

shall approve the use of the technology and issue to the applicant

written authorization to perform remote online notarizations during

the term of the applicant's notarial commission under Section 1 of

Title 49 of the Oklahoma Statutes.

E. The Secretary of State may deny a notary public's

application for registration under this section:

1. For a reason for which the Secretary of State may deny,

refuse to renew or revoke a commission under subsection A of Section

12 of Title 49 of the Oklahoma Statutes;

2. For a violation of the rules under Section 4 of this act;

3. If the technology identified by the notary public does not

conform to the standards under Section 4 of this act; or

4. If any information on the application is missing, inaccurate

or incomplete.

F. The term of a notary public's authorization to perform

remote online notarizations begins on the authorization date set by

the Secretary of State and terminates on the commission's expiration

date. The renewal of a notary public's commission pursuant to

Section 1 of Title 49 of the Oklahoma Statutes shall not constitute

the renewal of the notary public's authorization to perform remote

online notarizations under this section.

G. A notary public's authorization to perform remote online

notarizations terminates if:

1. The notary public's name changes during the term of the

notary public's commission; and

2. The notary public elects to use the notary public's new name

under a new commission pursuant to paragraph 2 of subsection B of

Section 11 of Title 49 of the Oklahoma Statutes.

H. Nothing in this section shall be construed as prohibiting a

notary public from receiving, installing or utilizing a hardware or

software update to the technology that the notary public identified

under this section if the hardware or software update does not

result in a technology that is materially different from the

technology that the notary public identified under this section.
Okla. Stat. tit. 49, § 49-2 — OK Code / Title 49 / Section 49-2
Oath, signature, bond and seal
Status: in_force

A. Before entering upon the duties of his or her office and not

more than sixty (60) days after issuance of a notary commission,

every notary public so appointed and commissioned shall file in the

office of the Secretary of State, the notary’s oath of office, the

notary’s loyalty oath, the notary’s official signature, an

impression of the notary’s official seal, and a good and sufficient

bond to the State of Oklahoma, in the sum of Ten Thousand Dollars

($10,000.00), to be approved by the Secretary of State, conditioned

for the faithful performance of the duties of the notary’s office.

B. The bond required by subsection A of this section shall be

signed by:

1. An insurance agent licensed by the State of Oklahoma;

2. An attorney-in-fact on behalf of an insurance company with a

power of attorney attached; or

3. One or more individual sureties who are property owners in

the county of residence of the notary, or if a nonresident, the

county of employment of the notary.

C. The bond required by subsection A of this section shall be

issued for a term that commences on the bond’s effective date and

terminates on the commission’s expiration date. Upon the filing of

his or her bond with the Secretary of State, every notary public

Oklahoma Statutes - Title 49. Notaries Public Page 3

shall pay to the Secretary of State the sum of Twenty-five Dollars

($25.00) to be deposited to the credit of the Revolving Fund for the

Office of the Secretary of State.

D. A notary public shall not perform any notarial act until his

or her bond, official seal, oath of office and loyalty oath, as

required by subsection A of this section, have been received and

approved by the Secretary of State.

R.L. 1910, § 4241. Amended by Laws 1929, c. 255, p. 363, § 3; Laws

1943, p. 123, § 1; Laws 1959, p. 211, § 1; Laws 1975, c. 293, § 6,

eff. Oct. 1, 1975; Laws 1978, c. 91, § 2, eff. July 1, 1978; Laws

1979, c. 21, § 1, eff. July 1, 1979; Laws 1997, c. 77, § 2, eff.

Nov. 1, 1997; Laws 2001, c. 406, § 16, emerg. eff. June 4, 2001;
Okla. Stat. tit. 49, § 49-211 — OK Code / Title 49 / Section 49-211
Legal recognition of remote online notarial acts
Status: in_force

LEGAL RECOGNITION OF REMOTE ONLINE NOTARIAL ACTS. A. A remote

online notarization under this act satisfies any requirement of law

of this state that a principal appear before, appear personally

before, or be in the physical presence of a notary public at the

time of the performance of the notarial act.

B. A notary public's verification of a principal's identity

under subsection B of Section 9 of this act constitutes satisfactory

evidence of identity of the principal and satisfies any requirement

of law of this state that the notary public obtain satisfactory

evidence of identity of the principal.
Okla. Stat. tit. 49, § 49-7 — OK Code / Title 49 / Section 49-7
Record of protests
Status: in_force

In cases of protests for banks, notaries shall keep a register

thereof in a book provided for that purpose by the bank, and the

notary shall not be required to deliver such register to the county

clerk, but shall leave the same in the possession of such bank.

R.L. 1910, § 4246.
Okla. Stat. tit. 49, § 49-118 — OK Code / Title 49 / Section 49-118
Certification of notarial act
Status: in_force

A. A notarial act must be evidenced by a certificate signed and

dated by a notarial officer. The certificate shall include

identification of the jurisdiction in which the notarial act is

performed and the title of the office of the notarial officer and

may include the official stamp or seal of office. If the officer is

a notary public, the certificate must also indicate the date of

Oklahoma Statutes - Title 49. Notaries Public Page 11

expiration, if any, of the commission of office, but omission of

that information may subsequently be corrected. If the officer is a

commissioned officer on active duty in the military service of the

United States, it must also include the rank of the officer.

B. A certificate of a notarial act is sufficient if it meets

the requirements of subsection A of this section and it:

1. is in the short form set forth in Section 9 of this act;

2. is in a form otherwise prescribed by the law of this state;

3. is in a form prescribed by the laws or regulations

applicable in the place in which the notarial act was performed; or

4. sets forth the actions of the notarial officer and those are

sufficient to meet the requirements of the designated notarial act.

C. By executing a certificate of a notarial act, the notarial

officer certifies that the officer has made the determinations

required by Section 3 of this act.
Okla. Stat. tit. 49, § 49-11 — OK Code / Title 49 / Section 49-11
Name and address changes - Fees, bond and seal
Status: in_force

A. If a notary’s resident address changes, the notary must

inform the Secretary of State in writing within thirty (30) days of

such change. The notary is not required to file a new bond or

obtain another seal if the notary moves from one county to another.

B. If a name change occurs in the middle of a term, the notary

has two options:

Oklahoma Statutes - Title 49. Notaries Public Page 6

1. The notary may continue to use the former name as issued on

the existing commission until it expires; or

2. The notary may use the notary’s new name by completing and

filing an application with the Secretary of State with a fee of

Twenty-five Dollars ($25.00). A new commission expiration date will

be established. It will be necessary for the notary to purchase a

new seal and obtain a new bond for filing with the court clerk.
Okla. Stat. tit. 49, § 49-214 — OK Code / Title 49 / Section 49-214
Relation to Electronic Signatures In Global And National
Status: in_force

Commerce Act.

RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL

COMMERCE ACT. The Remote Online Notary Act modifies, limits and

supersedes the federal Electronic Signatures in Global and National

Commerce Act (15 U.S.C. Section 7001, et seq.) but does not modify,

limit or supersede Section 101(c) of that act (15 U.S.C. Section

7001(c)) or authorize electronic delivery of any of the notices

described in Section 103(b) of that act (15 U.S.C. Section 7003(b)).
Okla. Stat. tit. 49, § 49-212 — OK Code / Title 49 / Section 49-212
Validity of remote online notarial acts
Status: in_force

VALIDITY OF REMOTE ONLINE NOTARIAL ACTS. The failure of a

notary public to perform a duty or meet a requirement specified in

this act does not invalidate a remote online notarial act performed

by the notary public. The validity of a remote online notarial act

under this act does not prevent an aggrieved person from seeking to

invalidate the electronic record or transaction that is the subject

of the remote online notarial act or from seeking other remedies

based on law of this state other than this chapter or based on law

of the United States. This section does not validate a purported

remote online notarial act performed by an individual who does not

have the authority to perform remote online notarial acts.