Title Examination Standards
Chapter 1, App.
Chapter 6. Execution, Acknowledgment and Recording
§6.9. Remote Online Notaries and Recording of Electronic Documents in Tangible Form.

1. A. Remote Online Notarization

   Beginning January 1, 2020, Oklahoma law recognizes remote online notarizations performed by an Oklahoma Remote Online Notary. 49 O.S. §211 provides that a remote online notarization done pursuant to the requirements of the law of Oklahoma shall satisfy any requirement of law that requires 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.

   Anytime a notarial acknowledgment is required under these Standards, an acknowledgment by an Oklahoma Remote Online Notary shall be deemed to satisfy the requirement if the Remote Online Notarization is completed in compliance with 49 O.S. §211.

   Although the language of Oklahoma's statute purports that a Remote Online Notarization satisfies any requirement of law of this state that the principal appear before a notary public, the execution of wills and testamentary trusts and transactions under the Uniform Commercial Code are specifically excluded from the Uniform Electronic Transactions Act adopted by the state of Oklahoma.

   Comment: 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. The Oklahoma Administrative Code provides the following example language for the acknowledgment of an individual by a remote online notary: "This record was acknowledged before me by means of communication technology on (date) by (name(s) of person(s))." Authority: 49 O.S. §§201-214; 12A O.S. §15-103; Okla. Admin. Code § 655:25 Appendix A

2. B. Recording Electronic Documents in Tangible Form

   Beginning January 1, 2020, Oklahoma law recognizes the recordation of electronic documents in tangible form. Pursuant to 16 O.S. §87, an electronic document is a document that is created, generated, sent, communicated, received, or stored by electronic means.

   As used in these Standards, the word "document" should be interpreted to include electronic documents recorded in tangible form.

   Pursuant to 16 O.S. §87 (B), an electronic document in paper form certified to by an Oklahoma notary public will satisfy any statutory recording requirement that the document:

   1. be an original or be in writing; 2. be signed or contain an original signature if the document contains an electronic signature of the person required to sign the document; and 3. be notarized, acknowledged, verified, witnessed or made under oath, if the document contains an electronic signature of the person authorized to perform that act, and all other information required to be included.

   Authority: 16 O.S. §87 Comment: No additional notarial certification is required under Oklahoma law to make the above described certification of an electronic document in tangible form. Caveat: This statute does not apply to a plat, plan, map, or survey of real property, or other instruments with format and medium restrictions.

6.9 REMOTE ONLINE NOTARIES AND RECORDING OF ELECTRONIC DOCUMENTS IN TANGIBLE FORM

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