1. 1. To obtain or retain a license a certification authority shall:

   1. (1) Be the subscriber of a certificate published in a recognized repository;
   2. (2) Employ as operative personnel only persons who have not been convicted of a felony or a crime involving fraud, false statement or deception;
   3. (3) Employ as operative personnel only persons who have demonstrated knowledge and proficiency in following the requirements of sections 28.600 to 28.678;

   4. (4) File with the division a suitable guaranty, unless the certification authority is the governor, a department or division of state government, the attorney general, state auditor, state treasurer, the supreme court, a city, a county or the legislature or its staff offices provided that:

      1. (a) Each of such governmental entities may act through designated officials authorized by ordinance, rule or statute to perform certification authority functions; and
      2. (b) One of such governmental entities is the subscriber of all certificates issued by the certification authority;
   5. (5) Have the right to use a trustworthy system, including a secure means for controlling usage of its private key;
   6. (6) Present proof to the division of having working capital reasonably sufficient, according to rules of the division, to enable the applicant to conduct business as a certification authority;
   7. (7) Comply with all other licensing requirements established by division rule.

2. 2. The division shall issue a license to a certification authority which:

   1. (1) Is qualified pursuant to subsection 1 of this section;
   2. (2) Applies in writing to the division for a license; and
   3. (3) Pays the required filing fee.

3. 3.

   1. (1) The division may classify and issue licenses according to specified limitations, such as a maximum number of outstanding certificates, cumulative maximum of recommended reliance limits in certificates issued by the certification authority, or issuance only within a single firm or organization;
   2. (2) A certification authority acts as an unlicensed certification authority when issuing a certificate exceeding the limits of the license.

4. 4.

   1. (1) The division may revoke or suspend a certification authority's license for failure to comply with sections 28.600 to 28.678, or for failure to remain qualified pursuant to subsection 1 of this section;
   2. (2) The division's actions pursuant to this subsection are subject to the procedures for adjudicative proceedings in chapter 621, RSMo.

5. 5. The division may recognize by rule the licensing or authorization of certification authorities by other governmental entities, provided that those licensing or authorization requirements are substantially similar to those of this state. If licensing by another governmental entity is so recognized:

   1. (1) Sections 28.654 to 28.669, which relate* to presumptions and legal effects, apply** to certificates issued by the certification authorities licensed or authorized by that governmental entity in the same manner as they apply*** to licensed certification authorities of this state; and
   2. (2) The liability limits of section 28.648 apply to the certification authorities licensed or authorized by that governmental entity in the same manner as they apply to licensed certification authorities of this state.
6. 6. Unless the parties provide otherwise by contract between themselves, the licensing requirements in this section do not affect the effectiveness, enforceability or validity of any digital signature except that sections 28.654 to 28.669 do not apply to a digital signature which cannot be verified by a certificate issued by a licensed certification authority. Further, the liability limits of section 28.648 do not apply to unlicensed certification authorities.

(L. 1998 S.B. 680 § 5)

* Word "relates" appears in original rolls.

** Word "applies" appears in original rolls.

*** Words "it applies" appear in original rolls.