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Fordbid electronically sign

remember to hear me okay so this is the presentation for electronic and online meditations you guys are very Catholic around this morning it's free on occasion I am with the Texas Secretary of State's office and the way we're going to break things up today is Kathleen is going to provide you with sort of an overview of electronic memorization and then I'm going to provide you with some information on online innovations so before we get started it's everybody in here are notaries French again okay how many of you are electronic memories see that was a trick question you guys when you got your commission you are commissioned to perform both paper and electronic notarization okay you guys can already all provide electronic authorization however how many of you are known are the mission as online every we have one here a couple okay so we have over four hundred and thirty-five thousand notaries in the state of Texas as of yesterday we have 363 Commission online mutterings so big difference it was just introduced the last year and so right now 363,000 what we're going to do today the goal is to provide you with information on what you need to know as the costs that are associated with becoming an online notary so that you guys can make an informed decision about whether or not this is something that you're interested in or not I'm gonna give you a caveat we're going to talk about some technical things and I think yesterday was a little overwhelming but we're gonna change it up a little bit today I want you to understand that when the law was passed the change to check that a chapter four or six of the government code and then the Secretary of State's administrative rules were changed to allow for online notarization the goal was to provide you with what the technical the minimum technical standards are and to make it a vendor neutral standard so that you can go out and talk to vendors and say these are what the minimum requirements are for Texas and they know whether or not they can fulfill that but if you guys don't need to be afraid we're going to talk about things like PKI and x.509 compliant you don't necessarily need to understand what that technology means what you need to know is that when you go and you talk to a vendor you need to say hey these are what Texas's requirements are can you meet these requirements and and I think we were talking earlier there's between eleven and fifteen states already and have adopted online motorisation and there's another twenty that are considering it during their legislative session so this is not something that is unique only to Texas this is something that every fingers are out there and they understand what the requirements are and they've built applications and platforms that can fulfill the standards of the required by the state including Texas so the goal today is just to provide you guys with some information so that you're interested in it when you're going out in talking to vendors you have the information you need to make sure that they can meet the minimum room parliaments for Texas okay there's not so some states require the vintners be certified Texas does not require that that's why in our rules and in the statute we just are setting forth the minimum requirements and as long as the vendor can represent to you that they are able to meet those requirements then there's not a requirement that you go with any specific vendor there are exhibitors out here are vendors because I'll use that today it's essentially a company that has created the technology that you would use to do these types of better ization there we took all our vendors but you know everyone who makes an ass is a bender so we'll just use that nomenclature so shall we shall we just go ahead and finish it to start out today okay great so so great to see you guys and be here to have this conversation and I love because really mr. to a conversation with you guys without making you a little more familiar about what the law says about online ization as she pointed it out I'm gonna start off here and trying to lay some of the ground or talk about some of the familiar under newness of performing in Ontario Act no matter how you do it what means were matter he means he probably heard the earlier today talks about the assurances of normalization I want to mention and just hit some of the high points about a typical you know dirty toolkit that you need what types of electronic technological tools do you need to perform electronic and online organizations and then Breanna is gonna pick it up with exactly what she said just informing you about what the laws require vendors and meet as far as the minimum standards for the technology so she'll cover things like that and some of the ins and outs of becoming an online memory and getting that Commission and responsibilities of an online notary and other administrative rule changes that affect that Commission and we have one question here yes well I must have rehearsed you before the started because we're going to talk about that the odd we'll get into that because there is definitely a distinction and I what we really want more than anything is that because there are two separate commissions because there is an electronic memorization and electronic motivations that happen online we want to make sure you guys are well-rounded so let me just start by diving into my little piece of it here and first of all this particular electronic process we are all deeply experienced in utilizing electronic processes and we almost don't even think about it I mean think about things like nest thermostats and being wirelessly connected to all the things that she can do smart homes and things like that we make electronic signatures all the time you can even do that by just responding affirmatively on a recorded voice transaction by saying yes or no that should be considered signature so we're deeply experienced in that sorry anyway my point is that these signatures and electronic process is basically permeate our minds and this organization is less common but it's one of those things that gives absolutely growing in prominence as Rihanna mentioned it's been authorized in the States for years but it has really started growing in prominence and its role in to attract and we just want to make sure that you guys understand you know what's involved with that and another comment I want to make about going into the brave new world of electronic transactions you know I mentioned we're already deeply experienced in users and think about what the different apps and processes that she needs you are not an expert on the technology that makes those acts work what you do that it was hey and now something that I reason have to do manually with different sets maybe involving paper I can now do that electronically I mean just is a perfectly thing to think about banking now we most of the problem people and the banking app that's really what we're trying to convey about this new way of new rising so we're going to dive in and then try to just clarify all of that for you so first of all let's let's talk a little bit about electronic notarization texas-style so whether an electronic memorization happens and if carried out by a traditional memory with the signer face-to-face or if the online minimization carried out by an online memory it's still an electronic memorization but there are some similarities and differences in some of the basic requirements first of all for both traditionally notarization and online memorization the primary governing laws and rules that tell you have you're supposed to the direct and the procedures are supposed to follow apply equally because the Givens know the reason notaries and notaries the same formalities of the material act have to be care that we do have two separate conditions now and I love what reality because it was a great example you're all authorized to not only perform paper material acts but also electronic material acts and so that would be under the traditional notary public Commission you can obtain if you have the traditional Commission you are eligible to apply to obtain the online Zoning Commission all online libraries are performing electronic notarization that they're doing it with the signer meeting the personal appearance requirement by appearing online using audio/video technology in real time literally they're sitting there and you're looking at them on a monitor and they're looking at you and your conversation is happening in real time so that's how the key difference between the two and I want to emphasize both wars under Texas law are meaning the personal appearance requirement for notarization is just with electronic it's physical appearance of the Sun and with an online mobilization it's interactive two-way audio video material apps for both types of Commission's the notary can perform all the acts authorized that's that's pretty meaningful I mean it really is yet another way that we're straightening that this is simply another way of performing material acts as far as the technology for the electronic minimizations they perform these two different ways if it's under the traditional notary Commission and it's traditional electronic terrorization the technology for accomplishing that electronic memorization is not specified and I think this is this is the concept that we've been most concerned about and helping you guys understand that with online motorisation there are definite specified technologies minimum standards that are in the law those specifications are more to ensure that whoever creates the technology has created technology that meets those standards and again your knowledge of what those standards are and statute would enable you to go as variable this is what I have to meet can your system do this and so again for traditional interpretation no technology standards is you can use any type of electronic signature is an ovary you can use any type of electronic literally platform and there are some out there any type of electronic platform that lets you send up these signatures the technology is not specified and then you're going to hear from Breanna how very specified the technology is for long lines I just keep saying this like a mantra that it's always worth repeating or electronic memorization both in presence for the traditional rotary and online with online memory the same core fundamentals of notarization are occurring there you're going to go through the same formalities of the notarial act personal appearance that's bedrock principle of memorization that we all have to ensure is satisfying is absolutely satisfied for electronic memorization and I just mentioned for the traditional memory that's going to be a physical presence of the signer for a basic paper notarization or electronic memorization or an online very personal appearance is satisfying through the audio-video real-time connection that individual the same identification requirement is there what's a little different is for online conversation there are technological means of affirming the identity of the price that applies specifically to online but for electronic memorization and traditional paper memorization it's the forms of identification that you're accustomed to when performing a physical presence notation with assignment you're always going to make that comprehension and freewill assessment that's part of what's happening when you're communicating back and forth with with the signer and you'll be communicating either physically present or present using audio video there will always be immaterial ceremony there will always be a completed notarial certificate these are all very familiar thanks to you and in both circumstances whether it's you know a traditional electronic notarization of paper liberalization for an online motorisation you must create an immaterial record so even as technology changes have only performed authorizations what is really meaningful is that the fundamentals that we have to satisfy with realization are consistent and this is what's really important if this fundamental are unchanged within the lying parties who are counting on our material are going to have the same with no motivation no matter how that metallization was before so that's something that's incredibly important that you don't really hang on to because again we're just talking about a different way of doing the same thing you've always done and bring you experience memories doing the same thing you've always done indexing know how to do so it's kind of a brand new world that we're gonna try to pave the way and help you with that the question was for those who are in make sure that's right for those of you who are interested in going into electronic realization online motorisation will you have to bear the expense of developing the application I think the answer to the question is you know there are going to be expensive as with using technology to perform notarial apps because yes development of the platforms that enable this to happen did because of cost so yes we will talk a little bit about the different things that you can charge for online memorization and yes just be aware that doing things differently by doing them in an electronic format can certainly involve more expensive to get yourself enabled so that's a question oh well if your cost increase if you its overhead to Nathan you're going to have to pay for any increased expenses that may come and so I took this question thank you for bearing with getting to the question which is is there going to be a business cost and you know I think anytime that you in the bay absolutely you can expect a business cost and you know it's just going to be a matter like is that something that's right for your business model it's going to be a very personal decision and we're going to need to make sure that the questions I just want to make is really if you guys have questions if your raise your hands let's make sure you're using the mind everybody can hear the question in the no response yeah and when we can't get the buying we'll do our best to or anything that would take advantage but one thing I can say about that you know in the entire conversation in the development of remote online memorization and anytime we're looking at doing something differently than it has traditionally been done there has been a lot of conversation about concerns about exactly what you express coercion what was really interesting to me was it raised a lot of commentary about well you know coercion can happen in ways that are not necessarily occurring inside the room where you're physically present with the signer and so when you start realizing that coercion can be someone off-site with you know a loved one held at gunpoint while the signer is in with you you know it when you start realizing that's how it can happen then you can realize that perhaps because the concern is the concern is well maybe we're opening it up even more and rather than closing and I think that but one thing that does occur in the online environment is the notary is able to use digital tools that actually make some of the things that you do in performing the material act strengthened because there are there are electronic and technology processes that are happening that are helping you enhance some of the typical things that you do like identification I I can't say this about all the vendors because I just don't know but I know that there's one online vendor that is part of the process they have the scientists at the other end of the camera take a cell phone and turn it to the outside of rhythm and doing 360 all the way around the room you know just to show the entire room that the person is in at the time so while they're probably no perfect answer to the concern that raised I want you to know that there has been a lot of conversation about it a lot of thoughtfulness about enabling notaries to do what they've always done and allowing them to feel like they're doing it to the Middle East fast fashion and at the end of the day funders are still the same you all have the power to stop the notarization and if you feel that it should be stopped right yeah and so that does not change with a different method of mobilizing you still have to do that so it's going to be different like we'll still be able to make some exceptions that you need to make the old weather I just want to clarify one thing so Kathleen when we're talking about an electronic notarization there still has to be a physical appearance in the same room so that's the same as with a traditional paper-based Federation so if you're performing an electronic motorisation just means that the documents are on your computer rather than pentagonal and you're doing a manual stamp inside the signage still has to physically be in the same ring with you the only time we're talking about a two-way audio visual appearance is when you were talking about online authorizations so I just want to make sure that's really clear to everybody you still have to have a standard physical appearance for an electronic memorization correct okay memory as an independent witness to the events of the material Acton your completed notarial certificate electronic notarization same effects that you've always created with conversation basic tools and this may answer some of the questions that we've had come up and this is a very high-level thought about the types of tools that she needs and obviously you're going to need is some kind of web already device yep a desktop computer if you have people coming to you physically again and that's how you want to do it or a laptop if you're going to them or a tablet or a phone something that will enable you to access the Internet you're going to obviously need web connection to perform electronic sanitization you know if you can particularly if you are in a situation where the only access is through public Wi-Fi you know obviously you don't want to perform some sort of transactions on an open public networks so we do want to look at you in this the speaks to what you'll be working on some cost being a little higher you want to look into that basically adds that layer of privacy protection to your internet notice when you're when you're performing electronic motivations and you're not on you know like a secure environment like maybe you're your home you're not a signature and feel that you have another tool that you'll need it can be stored on your web where the device it can be on the cloud or it can even live if this is an option for you in it and in most cases it will be it can live on the server of the e notarization vendor that she worked with to provide these materials and provide a platform for you so there are different ways of that being handled but again you will need a means of making your electronic signature an electronic field and finally your journal or a traditional notary whether they're performing paper or electronic authorization there isn't a specification about but one thing that's important for an electronic journal record when what is requested for an online memory there's no option it will be an electronic journal and generally it will be one that is part of an electronic remote online system and one thing that's important about the journaling for an online transaction is not only will it capture information that correlates to a typical journal entry but it also needs to capture and store a recording of the audio video session that you can't with that time so obviously were talking about you know a different different type of journaling for online and so we we keep talking about technology solutions than there's people who were making these applications and these technologies that enable you to you can get everything you need in one place you can have an e memorization platform you know partly first of all these are the components of what you need a platform for performing the e notarization essentially wherever you go online when you're going to perform that electronic motorisation you need your electronic key signatures and material the remote memorization platform we there are technologies out there that combine all of that into one package so that's important for you it keeps you from having to go out and hunt the pack and put it all together technologies can be desktop applications that she would download to your desktop they can be web apps and we cost me all these web apps all the time you just go back to the web side we walk in and then you're accessing what that website can do they plan on their tabs it can also be a mobile app because some of these technologies are able to be used on things like a so generally the technology solution offered me the opportunity to were one-stop shopping and there are different ways that she can access the question was how you know before we go in how these yet your electronic signature and in any case this person simply means a vendor like we keep talking about these these books who have created these kind of solutions they don't know how to make a seal and a signature that complies with the standards of a state like Texas that has enacted the answer sort of yes in that remember that whether he were doing it as an electronic memory with the physical presence of the signers or you're acting as a remote memory and person is appearing by audio video in a film an electronic motorization so yes there are different technology requirements applied to the online memory so you think that for until this is correct for an online memory they can only use that for an online degree you can totally use the electronic signature and seal as an online mentally for online memorization so then yes if you want to do both styles of electronic the in presence and all that you have to have once electronic signature and feel for the in presence electronic minimizations and one of the electronic signature and seal pacific to the online performance the comment was but essentially it would be the vendor who would take care of that and you don't care more about that okay so I'm going to start out with some information on how do you become an online notary in order to become an online notary you have to first hold a regular gunnery commission you cannot hold an online commission separate and apart from your regular notary Commission once you apply in our Commission is an online notary the term is going to be the same that's the term for your traditional Commission so if you have if you're currently commissioned and you have one year left on your regular Commission and you apply in our Commission is an online memory your online commission is going to expire in one year along with your traditional military commission you can then reapply to the traditional and then reapply it to be an online memory but you have to first be commissioned as a regular notary suggestion literally before you can have that online commission you're gonna have to when you go onto the Secretary of State's website and you have to apply online through the Secretary of State's website and when we're done here I'm going to show you our website and I'm gonna go through and show you where you can find links to the Statue links to the roles and where you can apply to become an online mentor if you want to but when you apply you're going to have to have some information you're going to have to have your notary ID which shows us that you're already commissioned you're going to have to have your digital certificate I'll talk about that in a minute you're gonna have to have a copy of your electronic seal and there's a $50 fee to apply to be an online literary there is not a separate bond requirement the bond that you have with your regular notary Commission it's going to cover you or apply to your online commission as well now there were some question yesterday as to whether if you have you know insurance as a traditional notary errors and omissions insurance whether that is going to cover your acts as an online-only as well and that's something that you need to talk to your insurance provider about and they may have rules or restrictions about whether or not it's going to apply to any online stations that you may perform okay this is where it gets technical and please pay in there with me and what you have on this side these are the minimum requirements for a digital certificate okay and when I'm talking about a digital certificate in the context of an online motorisation that's how you sign the document okay when you're completing editorial art and you're completing your notorious certificate and you're ready to sign it you sign the document by attaching their digital certificate and the digital certificate is going to have an image of your signature it's recommended that it look like an image of your web signature wedding signature and but that's how you're going to sign it and it looks like you're signing the document but with a digital certificate does with the PKI and x.509 components does is when you attach it there's data underneath it okay and that data can tell that after you attach your signature or your digital certificate it lets you know whether or not there have been changes to the document okay so that's what we're talking about when we're talking about PK I can buy any 5x5 I'll not even comment that's something that the nurse can tell you whether or not they can do for him so I don't think it's necessarily important that you understand the intricacies of what pk our technology means but you need to when you're going to talk to a vendor you need to tell them these are what Texas's requirements are can you do this and what time it I want to throw in these centers and folks we provide these technologies they are deeply interested in death and there are states that have authorized electronic motorisation that have technology requirements for use and so generally this is this is old hat to them and the point of sharing at all with you is so that you know the language to speak to dinner when you go in each end you want to ask if they can meet the requirements of Texas statute so when you have your digital certificate just like with your seal that you would use for a paper-based reservation your digital certificate needs to stay within your exclusive control so you can't share a digital certificate with somebody else with a co-worker okay but the dual certificate needs to be within your exclusive control at all times you need to make sure that it is current when you use it so when you go out and your digital certificate it has to be issued by a third party you cannot create your own digital certificate okay so you're already going to go out and you're going to have to talk to a third party in order to get the digital certificate so these are the things you can talk to them about but when you get your kitchen a certificate you need to make sure that it's current when you're using it depending on who you get your digital certificate from the length of validity before they expire will different sometimes it's for a year sometimes it's for two years somebody yesterday says that you can get it for the length of your position but you need to make sure that if it's not concurrent with your online commission if it expires beforehand that you're on top of it and you're renewing or getting a new digital certificate when that old one expires if your digital certificate is lost or stolen you need to notify the local law enforcement and you need to identify the Secretary of State's office okay I'm not going to go into this big duck because you guys have heard this a multiple but the same quark fundamental supplier to an online motorisation that apply to a traditional paper based leaders Asian or a traditional electronic memorization it's still all the same key elements there's just some little differences and we're going to talk about for an online meditation personal appearance for traditional memory you have to personally appear they have to be in the same range right that's for a paper-based or a traditional electronic notarization assignment where they um they're going to be in the same room for an online memorization they can appear or they're going to appear before you via a two-way audio visual communication so how many of you have ever FaceTime or Skype with somebody most a people so when you are facetiming with something you're skyping you have their baby on the screen before you whether it's your phone or your computer and you can see them in real time you can talk to each other in real-time it's the same concept with you have this whatever platform you're going to use for your online linearization there needs to be continuous and clear using clear feed so that you can see each other during the whole act that you can see and talk to each other okay but that's personal appearance for an online notarization is appearing via the two-way audio visual securely as an online notary you're authorized to perform all of the same tutorial acts as you would our dear traditional Commission you can still do the knowledge because of protests and droughts you don't have any greater or lesser authority your fees that are charged so you can charge as an online notary you can charge the same piece that you can for a traditional motorisation plus you can charge $25 for the online learners ation so if you have performing an acknowledgment for somebody you get to charge the $6 for the acknowledgment and then you can charge $25 for the fact that it's an online detalization so the total for that acknowledgement is going to be 31 dollars that you are authorized to charge again just with our regular fees it's a veteran maximum you can always charge less than that but you can't charge more than that identifying the principal just like what's a traditional murders issues there's three ways that you can identify the principal you can personally know them you can they can be introduced through the oath of a credible witness or they can be identified by use of a credential then if you're going to use a credential it's the same credential requirement is for a traditional minimisation it still has to be a valid identification that's issued by the US state or federal government it needs to include the signature and photograph and picture of the individual that's appearing before you but with an online memorization if you're going to identify somebody with the credential you need to go through two processes called I Timothy proofing and credential analysis and again these are processes that are provided by the third party with identity proofing it's the third party that's using public and proprietary data sources to collect information about the principal and then ask them a series of questions that they need to answer in order to confirm that they are who they say they are so how many of you have ever heard applied for a credit card or a loan online and you are asked a series of questions about where you lived when you are in second grade or what was the name of your first pet or something like that questions that theoretically only you should know the answer to okay so that's the same sort of thing that's called dynamic knowledge based authentication so same sort of thing the type of people with the identity per se so they are going to be a series of a minimum of five questions and they're going to have two minutes in which to answer those questions in order to pass or succeed and continue on they need to answer 80% of those correctly okay if they can't do that they get one more time and on that second try at least 60 percentage of those questions or if you have a five question quiz at least three of those have to be new questions the second time around they still would have to second time around get at least 80% in order to continue on okay if they can't pass it the second time then they're locked out and they cannot proceed without segment on line notary for at least 24 hours once they successfully pass identity proofing then it goes on to credential analysis again credential analysis is performed by a third party and it is a third party using data sources from the issuing authority so whoever issued the identity the credential and they're pulling information about that credential technology placement of information and sizes of the photograph stuff like that right basically the technology is looking to see if the credential and we all know about Real ID of the clients with driver's licenses that technology can verify whether or not that appears to be exactly Ishi credential so when one's credential analysis is through if they pass it then you're going to get an authenticity output the notary is okay up to now when the signer is going through this they aren't necessarily in contact with yeah okay this is taking place via a platformer system where they're going to log into they're gonna have to get the identity proofing credential analysis you're not necessarily involved in that part of it okay once they pass that in there and then connected with you the online memory and you're going to do a visual comparison at the credential that they have compared to the person who is appearing before you so just like you would in a traditional memorization you're going to look at their iiq they're going to show it to the camera or they will have scanned it in this part of credential analysis and you're going to have an image of it and you're going to compare the picture to the person that appears before you on the camera all right so you're going to do a visual comparison so completing the notorious certificate after they're properly identified Japan occurred through your employment interpretation you're going to be mature go ceremony and when it's time to do your new toriel path or your tornado certificate there's going to be certain information and it's all right here as to what has to be included in your notorious certificate I'm not going to read it to you but it's really the only difference between an online tutorial certificate and a traditional numerical certificate is the fact that you had to have a statement that this was an online donor ization okay just like the Secretary of State's office has provided you all with your educational materials of sample certificates for a traditional motorisation we've got on our website sample language for a online minimization sample certificates for an online notarization so remember you guys are not supposed to be the ones that are choosing what the appropriate certificate is to go with a particular notarization that's the responsibility of the principal it's appearing before you but you can't say here's some options if they're in less than K you can have the options available for them it is your responsibility however to make sure that the information that is contained within the notorious certificate is accurate right if the county is wrong you can go in and change that if the language that was given before you was for an acknowledgement but really they are asked they want you to do a juror then you need to change the language to make sure it's consistent with the Natori art that you performed and then the final step is going to be to attach their digital certificate and remember if that's how you sign your you're going to attach a digital certificate and if your electronic seal is not incorporated already into your digital certificate you're also going to attach your electronic seal to the document and that is you stamping anxiety the new toriel certificate for an online memorization so to do the online authorization they're going to scan the document in the thurible number eyes for you to attach the certificate to or yeah so it's either going to be Stanton or you're both going to be using the same platform and they will just upload a document to the platform it's going to appear before you and then you'll talk to them janitorial ceremony and then you like attachment digital certificate and CEO to the document electronically okay so they will remind an electronic not exactly the point with an online motorization you're never the patient paper-based it's a place online that the parties go to conduct this business you know so there is basically going to be a website or web page everyone who's participating is an authorized signer and or the notary and the half login credentials for that particular transaction so that only the authorized parties were getting in the catch-all phrase with that is a platform and just didn't want to lose anybody question also there she I've hesitated to jump in platforms being developed every day I'm sorry can you hold the water period yes I said hesitated to do this because the platforms are kind of coming out every day and it kind of goes back to later on VHS so who's gonna come out on top and in what is Texas kind of leaning towards or even nationally we have to be in Texas comedian notarization is in Washington in Virginia or word yeah and they wouldn't have another platform so two front steps so again when in Texas when we developed our administrative role to as to what are going to be the requirements for an online better ization our goal was really to say hey these aren't the requirements and then there's going to be vendors out there that are able to fulfill those so in terms of like which is going to win I don't know that there is an answer as long as they are going to whatever if you decide to go it is going to meet that as a minimum apartment you should be good I think it means that you'll have choice there are going to be a dumb choices out there and that will meet the requirement it's just like any other opportunity to make choice and then the second part of that question was and so the question is you know are the requirements of Texas getting transferred to wherever your principal is located and the question is that's the response and in answer is the responsibility of the principal to determine there's there's always going to be differences in the natori laws and regulations of various states like we get except in our office that sometimes is notarized in California and we need it verified in the notorious certificate that they give us from California it never hits our requirements so that doesn't work for our office it's the responsibility of whoever the principal is whoever is asking factorization to make sure that the notorious at that is being provided in Texas is going to be sufficient for where it is that they need to use or record that document yes ma'am I can't understand where we know we're two different people can be in the same document [Music] to do to carry out their role in the transaction right but you can also it needs to be a skincare platform there's requirements as to who's going to have access to the documents like so and that's again why you're gonna have to go out I mean this is not something where you can just go and sort of pick it up and create your own system because there's requirements as to they you have to use a third party for digital certificate you have to use a third party to get really do the identity creeping and credential analysis and there are system requirements minimum system requirements that you're going to have to meet and so that's why there there's a multitude of people who are out there if you have the technology already created in order to be able to do an online notarization so if a certain company your title company or whatever platform because we're ultimately using the documents that they're providing us if they have a particular company so pretty enough things that don't using and that they utilize as any way of completing this so we just have to kind of find out who they do as a starting point and that they're okay in the state of Texas if they're approaching us saying are you okay or interested in nation's right I think you just need to be aware of who the company is that's providing that system and make sure that they have made reasonable representations that they are capable of meeting the minimum requirements in Texas basically that you're going to make with the trends of all you if there's one that you're using if you're comfortable with you say this is the system I'm going to use and they can choose to do that you're not real quick I just want to clarify so I don't like Virginia if you're so in Texas you at the online matter you have to be in the state of Texas at the time you are performing the online innovation the person who is appearing before you via the two-way audio visuals they can be anywhere in the world okay you as a know you as the motor you have to be in Texas the person appearing before you can be anywhere the finally it does not have to be recorded in Texas that again and it's not going to be recorded in Texas Ireland it's always the responsibility of the principal to make sure that it's going to meet the requirements in that home state okay I'm gonna let me just get through just briefly I'm gonna go through this fast so I can sum this information I just want to make sure that you have it and you're aware of it but I will not leave this room until I have I want to make sure you have the information that you need in order to make that decision as to whether that's going to be so recordings and modernization just like the traditional memorization you have to record an online motorisation it has to be done electronically and it's going to have to your electronic log it's going to have to include a lot of the same information that your traditional log is going to be where it was the type of document who appears before you that information it's also going to include a recording of that audio-visual at audio-visual recording of the new toriel Act okay so that recording needs to include your confirmation that the principal has completed identity critiquing credential and emesis or if you identified certain personal knowledge a state visit I personally know the principal's here and performing it needs to have a visual confirmation of the identity of the principal so that can be done through the visual comparison of the credential and then finally it needs to include the actual matoro act that happens the attaching of the digital certificate that all needs to be included as part of your record book you need to keep open original and a backup of that record book in a secure manner for a minimum of five years from the date of the militarization you can have a third party keep track and hold on to that electronic or store that electronic record for you however you need to make sure that it's you have exclusive use artistic elusive control over that internal record and you need to make sure that shooter cory charged with that vendor of our terminate that the records will all be transferred to you just like with the traditional organization but the other one who's responsible for maintaining it providing copies of it in circumstances where that's required okay your online system requirements if you're interested in an online notarization you need to go take a look at section 87 point 71 at the administrative rules that's going to provide a list of the minimum requirements for your online system and that is going to be the to way on your visual feed that you're going to have if you need to make sure that you've got a continuous feed that there's sufficient clarity and the that you can see in here the principle that you can perform perform critical analysis that there's a clear enough image for credential analysis that it's a secure system those are the things that are you're going to need to know but again when you're going to talk to somebody about a platform that you might want to use eighty-seven point seventy one of the administrative roles is going to have sort of a list for you to go through and talk with them about changes after commissioning I'm going to quickly agenda for all the memories traditional or firing everybody if your address changes the address that you have on file with the Secretary of State's office that you put on your commission your application for Commission if that changes you have to notify the Secretary of State's office within 10 days Kevin's going to talk about that again and the next presentation but it's important that I'm going to say that's the address that our office uses to communicate with you that's the address that is published online so if somebody wants copies of your record book that's the address that they're going to send it to you if heaven forbid there is a complaint filed against you that is the address that we're going to use to communicate with you about the completely so it's really important so you have to get the Secretary of State's office if that address changes similarly if you are going if your name changes and you're going to notarize under name other than with your commission you have a responsibility to update the Secretary of State's office you're going to need to get an amended Commission you have to get a bond writer and you're going to have to get an updated seal for online notaries specifically like we talked about before if you're a digital certificate or electronic seal expires while your commission is still valid you need to obtain a new certificate and a new seal and you need to provide a copy of those to the Secretary of State's office within ten days of that change finally just a couple of changes to the administrative role and they were revised on August 19th of 2018 following the implementation of the online memorization and August 19th 2018 the notary world rules were updated and so a couple of changes they will restructure reorganize or some additional sections added in there but I think one of the key things to understand is there is some kind of nutty clay churn used if the rules apply and talk about a traditional gunnery then that's going to be a somebody to go to a traditional Commission for paper-based or electronic motorisation if the rolls prefer to a non-party memory those are specifically people to were commissioned as on libraries and then if the role just refers to another your memory public that is everybody that's with traditional and online really quickly for anybody who's interested I'm going to just quickly show you where you can apply to be an online Hungary on the Secretary of State's website and then I'll answer some questions okay well quickly you're always going to go under notary public in statutory sounds familiar public okay so our rules the laws that govern EOS and Avery chapter four out of six that the government code you should all go and read it you should all be familiar with it that applies to all notaries chapter 121 of the simple practice and remedies could apply to anybody who is doing an acknowledgement so if you're doing acknowledgments you need to be familiar with chapter 121 of the silver practice and remedies code and then finally chapter 87 of the Texas Administrative Code these are the new administrative rules that became effective in August of 2018 and you can see here we've got general provisions definitions a new section that without it is nearly procedures and there's traditional and online learning procedures and that sort of goes through the steps that you need to follow when you're performing those administrative action oops okay good cause good cause are the reasons that the Secretary of State has to take action against your commission so if you do one of the things that are listed in the good cause section you make a false statement in your notary application engage in the unauthorized practice of law these are a list of things that are good cause for the Secretary of State's office to take action against your commission you should all go and read 80 7.31 at the Administrative balls and make sure you're not doing those things okay those are all bad things that you would be doing they can get you in trouble the Secretary of State's office including so they were to maintain a current address remember that's an important thing to remember and then finally specifically minimum requirements for online notarization memorize hundred eighty-seven point seventy one in the online system that you're using it needs to meet these requirements so that's something you take with you when you're talking to a vendor or company that might be providing these services okay and the information going to come to the attorney Commission or an online learning commission that's where you're going to find access to those samples certificates and then finally if you're interested in becoming an online military you can go right here getting started is an online that ready there's information about you before you apart this is going to tell you about your digital certificate in your electronic seal the information that you need to have already and then the application process is going to take you step by step as to how to apply to be in a grade okay and finally you down here at the end I've read it all I know what I'm doing I'm ready to apply to be an online degree in this tiny okay you have to have your digital certificate and electronic seal before you apply the application is going to require that you provide so the question was whether if you have a if you notice a document for somebody in a different state and they have problems with the authenticity or will really be out of it can make you guys who can they contact me or contact your office they can contact our office and we can tell them either yes this individual weathers and online those at the time of this reservation or no they March but we can't quit unique recommendation / determinations to the validity of the document yeah [Music]