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Louisiana Adopts Rule Authorizing Remote Online Notarizations

The Office of the Louisiana Secretary of State recently adopted a rule under Louisiana Administrative Code Title 46: Part XLVI, which authorizes remote online notarizations and sets the standards for performing the notarizations within the state.  The rule, which went into effect on January 20, 2022, is authorized under Legislative Act No. 254, which enacted Remote Online Notarization statutes in Louisiana and was signed into law on June 11, 2020.

The rule provides that identity proofing must be performed though either dynamic knowledge-based authentication or through an analysis of biometric data, including facial recognition, voiceprint analysis or fingerprint analysis.  Knowledge-based authentication consists of providing a quiz of five questions (which each have a minimum of five possible answer choices) that are related to the personal history or identity of the party signing and are formulated from public or proprietary data sources.  The questions must be answered within two minutes and can only be administered once within a 24-hour period.

The rule also identifies the requirements for credential analysis and for the communication technology utilized in the notarization.  The Louisiana Secretary of State will maintain a registry of identity-proofing, credential-analysis, and communication providers that are certified as meeting the requirements of the rule.

DocMagic has available all current notary certificates and processes to support remote online notarization in Louisiana.  If you have any questions regarding this article, please contact DocMagic’s Compliance Department.

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