1. A. Credential analysis must be provided by a reputable third-party vendor or software tool that can demonstrate proven credential analysis processes and shall employ technology that provides the following:

   1. 1. The principal's identity must be bound to the principal following successful knowledge-based authentication, or biometric data; and
   2. 2. Remote notarization procedures shall provide for human visual comparison between the principal and the principal's identification presented to the remote notary.

2. B. Remote notarization solution providers shall use an automated software process to aid the notary in verifying each principal's identity.

   1. 1. The identification shall pass an authenticity test that:

      1. i. Uses appropriate technologies to confirm the integrity of visual, physical or cryptographic security features;

         ii. Uses appropriate technologies to confirm that the identification is not fraudulent or inappropriately modified;

         iii. Uses information held or published by the issuing source or authoritative source, as available, to confirm the validity of the identification details; and

         iv. Provides the result of the authenticity test to the notary.

   2. 2. The identification analysis procedure shall enable the notary to visually compare the following for consistency:

      1. i. The information and photo on the identification image presented; and

         ii. The principal as viewed by the notary in real time through the audio/video system.

   3. 3. If the remote notary public is unable to validate the identification of the principal, or to match the 's physical features with the credential, the remote notary public shall not complete the remote notarial act.

      1. i. No further attempt may be made by the notary or the Solution Provider to complete the notarial act using audio-video communication using that credential.
   4. 4. Identification requirements shall be a type required under 46-1-2(19)(b).

   5. 5. The identification image shall be captured and shall confirm that:

      1. a. The principal is in possession of the identification at the time of the notarial act;
      2. b. The identification images submitted for credential analysis have not been manipulated; and

      3. c. The identification images match the identification in the principal's possession.

         ii. The following general principles should be considered in the context of image resolution:

      4. a. Captured image resolution should be sufficient for the issuing source or authoritative source to perform Credential Analysis per the requirements above;
      5. b. Image resolution should be sufficient to enable visual inspection by the notary, including legible text and clarity of photographs, barcodes, and other identification features; and
      6. c. All images necessary to perform visual inspection and Credential Analysis shall be captured.

3. C. Knowledge-based authentication procedure must meet the following requirements:

   1. 1. Each principal must answer questions and achieve a passing score. The procedure must include:

      1. a. Five multiple choice questions, drawn from public or private data sources.
      2. b. A minimum of five possible answer choices per question.
      3. c. Require that 80% of the questions are correctly answered within two minutes by the principal.

   2. 2. Each principal is to be provided a reasonable number of attempts per signing session.

      1. i. If a principal fails their first quiz, they may attempt up to two additional quizzes within 48 hours from the first failure.

         ii. During any quiz retake, a minimum of 40% (2) of the prior questions shall be replaced.

   3. 3. Biometric sensing technologies for remote notarization in the areas of authentication, credential analysis, and identity proofing verification may include facial, voice, and fingerprint recognition.
   4. 4. If a principal exits the notarial act during the notarial act, they shall restart the credential analysis and authentication workflow from the beginning.

KEY: remote notarization

Date of Last Change: November 8, 2019

Notice of Continuation: October 30, 2024

Authorizing, and Implemented or Interpreted Law: 46-1-3.7