Remote Online Notarization Procedures

(a)A remote online notary public may perform a remote online notarization authorized under this Article that meets the requirements of this Article and the Rules for Remote Online Notarization regardless of whether the principal is physically located in Guam at the time of the remote online notarization.

(b)In performing a remote online notarization, a remote online notary public shall verify the identity of a person creating an electronic signature at the time that the signature is taken by using communication technology that meets the requirements of this Article and the Rules for Remote Online Notarization. Identity may be verified by:

(1)the remote online notary public’s personal knowledge of the person creating the electronic signature; or

(2)each of the following:

(A)remote presentation by the person creating the electronic signature of a government-issued identification credential, including a passport or driver’s license, that contains the signature and a photograph of the person:

(B)credential analysis; and

(C)identity proofing.

(c)The remote online notary public shall take reasonable steps to ensure that the communication technology used in a remote online notarization is secure from unauthorized interception.

(d)The remote online notarial certificate for a remote online notarization must state that the person making the acknowledgement or making the oath appeared remotely online.

(e)A remote online notarial act meeting the requirements of this Article satisfies the requirement of Guam law relating to a notarial act that requires a principal to appear or personally appear before a notary or that the notarial act be performed in the presence of a notary. COL5/19/2021 CH. 33 NOTARIES PUBLIC