S.F. 475 Section 1. Section 9B.1, Code 2019, is amended to read as 1 follows: 2 9B.1 Short title. 3 This chapter may be cited as the “Revised Uniform Law on 4 Notarial Acts” Acts (2018)” . 5 Sec. 2. Section 9B.2, subsection 10, paragraph b, Code 2019, 6 is amended to read as follows: 7 b. “Personal Except as provided in section 9B.14A, “personal 8 appearance” does not include appearances which require video, 9 optical, or technology with similar capabilities. 10 Sec. 3. Section 9B.2, Code 2019, is amended by adding the 11 following new subsections: 12 NEW SUBSECTION . 4A. “Instrument affecting real property” 13 means a written instrument conveying or encumbering real 14 property including an instrument affecting real estate as 15 defined in section 558.1 or any similar instrument provided in 16 chapter 558. 17 NEW SUBSECTION . 11A. “Remote facilitator” means a person 18 who participates in performing a notarial act under section 19 9B.14A, by doing any of the following: 20 a. Providing communication technology used by a public 21 notary or remotely located individual. 22 b. Creating, transmitting, or retaining audio-visual 23 recordings on behalf of a notary public. 24 Sec. 4. Section 9B.4, Code 2019, is amended by adding the 25 following new subsection: 26 NEW SUBSECTION . 2A. A notarial officer may certify that a 27 tangible copy of an electronic record is an accurate copy of 28 the electronic record as provided in section 9B.14A. 29 Sec. 5. Section 9B.6, Code 2019, is amended to read as 30 follows: 31 9B.6 Personal appearance required. 32 1. If a notarial act relates to a statement made in or 33 a signature executed on a record, the individual making the 34 statement or executing the signature shall appear personally 35 -1- SF 475 (4) 88 da/jh/mb 1/ 8

S.F. 475 before the notarial officer. 1 2. This section is satisfied by a remotely located 2 individual using communication technology to appear before a 3 notary public as provided in section 9B.14A. 4 Sec. 6. NEW SECTION . 9B.14A Notarial act performed for 5 remotely located individual. 6 1. As used in this section unless the context otherwise 7 requires: 8 a. “Communication technology” means an electronic device or 9 process that does all of the following: 10 (1) Allows a notary public and a remotely located individual 11 to communicate with each other simultaneously by sight and 12 sound. 13 (2) When necessary and consistent with other applicable 14 law, facilitates communication with a remotely located 15 individual who has a vision, hearing, or speech impairment. 16 b. “Foreign state” means a jurisdiction other than the 17 United States, a state, or a federally recognized Indian tribe. 18 c. “Identity proofing” means a process or service by which 19 a third person provides a notary public with a means to verify 20 the identity of a remotely located individual by a review of 21 personal information from public or private data sources. 22 d. “Outside the United States” means a location outside 23 the geographic boundaries of the United States, Puerto Rico, 24 the United States Virgin Islands, and any territory, insular 25 possession, or other location subject to the jurisdiction of 26 the United States. 27 e. “Remotely located individual” means an individual who is 28 not in the physical presence of the notary public who performs 29 a notarial act under subsection 3. 30 2. A remotely located individual may comply with section 31 9B.6 by using communication technology to appear before a 32 notary public. 33 3. A notary public located in this state may perform a 34 notarial act using communication technology for a remotely 35 -2- SF 475 (4) 88 da/jh/mb 2/ 8

S.F. 475 located individual if all of the following applies: 1 a. The notary public has any of the following: 2 (1) Personal knowledge under section 9B.7, subsection 1, of 3 the identity of the individual. 4 (2) Satisfactory evidence of the identity of the remotely 5 located individual by oath or affirmation from a credible 6 witness appearing before the notary public under section 9B.7, 7 subsection 2, or this section. 8 (3) Obtained satisfactory evidence of the identity of the 9 remotely located individual by using at least two different 10 types of identity proofing. 11 b. The notary public is able reasonably to confirm that a 12 record before the notary public is the same record in which the 13 remotely located individual made a statement or on which the 14 individual executed a signature. 15 c. The notary public, or a person acting on behalf of 16 the notary public, creates an audio-visual recording of the 17 performance of the notarial act. 18 d. For a remotely located individual located outside the 19 United States, all of the following applies: 20 (1) The record complies with any of the following: 21 (a) Is to be filed with or relates to a matter before a 22 public official or court, governmental entity, or other entity 23 subject to the jurisdiction of the United States. 24 (b) Involves property located in the territorial 25 jurisdiction of the United States or involves a transaction 26 substantially connected with the United States. 27 (2) The act of making the statement or signing the record 28 is not prohibited by the foreign state in which the remotely 29 located individual is located. 30 4. If a notarial act is performed under this section, the 31 certificate of notarial act required by section 9B.15 and the 32 short-form certificate provided in section 9B.16 must indicate 33 that the notarial act was performed using communication 34 technology. 35 -3- SF 475 (4) 88 da/jh/mb 3/ 8

S.F. 475 5. A short-form certificate provided in section 9B.16 for a 1 notarial act subject to this section is sufficient if any of 2 the following applies: 3 a. It complies with rules adopted under subsection 8, 4 paragraph “a” . 5 b. It is in the form provided in section 9B.16 and contains 6 a statement substantially as follows: “This notarial act 7 involved the use of communication technology”. 8 6. A notary public, a guardian, conservator, or agent of 9 a notary public, or a personal representative of a deceased 10 notary public shall retain the audio-visual recording created 11 under subsection 3, paragraph “c” , or cause the recording 12 to be retained by a repository designated by or on behalf 13 of the person required to retain the recording. Unless a 14 different period is required by rule adopted under subsection 15 8, paragraph “d” , the recording must be retained for a period of 16 at least ten years after the recording is made. 17 7. Before a notary public performs the notary public’s 18 initial notarial act under this section, the notary public 19 must notify the secretary of state that the notary public will 20 be performing notarial acts with respect to remotely located 21 individuals and identify the technologies the notary public 22 intends to use. If the secretary of state has established 23 standards under subsection 8 and section 9B.27 for approval 24 of communication technology or identity proofing, the 25 communication technology and identity proofing must conform to 26 the standards. 27 8. In addition to adopting rules under section 9B.27, the 28 secretary of state may adopt rules under this section regarding 29 performance of a notarial act. The rules may do all of the 30 following: 31 a. Prescribe the means and process, including training 32 requirements, of performing a notarial act involving a remotely 33 located individual using communication technology. 34 b. Establish standards for communication technology and 35 -4- SF 475 (4) 88 da/jh/mb 4/ 8

S.F. 475 identity proofing. 1 c. Establish requirements or procedures to approve providers 2 of communication technology and the process of identity 3 proofing. 4 d. Establish standards and a period for the retention of an 5 audio-visual recording created under subsection 3, paragraph 6 “c” . 7 9. Before adopting, amending, or repealing a rule governing 8 performance of a notarial act with respect to a remotely 9 located individual, the secretary of state must consider all 10 of the following: 11 a. The most recent standards regarding the performance of 12 a notarial act with respect to a remotely located individual 13 promulgated by national standard-setting organizations and the 14 recommendations of the national association of secretaries of 15 state. 16 b. Standards, practices, and customs of other jurisdictions 17 that have laws substantially similar to this section. 18 c. The views of governmental officials and entities and 19 other interested persons. 20 10. By allowing its communication technology or identity 21 proofing to facilitate a notarial act for a remotely located 22 individual or by providing storage of the audio-visual 23 recording created under subsection 3, paragraph “c” , the 24 provider of the communication technology, identity proofing, 25 or storage appoints the secretary of state as the provider’s 26 agent for service of process in any civil action in this state 27 related to the notarial act. 28 10A. A document purporting to convey or encumber real 29 property that has been recorded by the county recorder for the 30 jurisdiction in which the real property is located, although 31 the document may not have been certified according to this 32 section, shall give the same notice to third persons and be 33 effective from the time of recording as if the document had 34 been certified according to this section. 35 -5- SF 475 (4) 88 da/jh/mb 5/ 8

S.F. 475 10B. A notary public who performs a notarial act under this 1 section must be duly commissioned under and remain subject to 2 the requirements of section 9B.21 and all other applicable 3 requirements of this chapter. 4 Sec. 7. NEW SECTION . 9B.14B Remote facilitator. 5 To be eligible to directly facilitate a notarial act using 6 communication technology for a remotely located individual as 7 provided in section 9B.14A, a remote facilitator must designate 8 and continuously maintain in this state one of the following: 9 1. Its usual place of business in this state. 10 2. A registered office, which need not be a place of its 11 activity in this state, or a registered agent for service of 12 process, as required by the secretary of state. In addition, 13 the remote facilitator shall file a foreign entity authority 14 statement with the secretary of state. The statement shall 15 describe the current street and mailing address of the 16 registered office or the name and current street and mailing 17 address of the remote facilitator’s registered agent. 18 Sec. 8. NEW SECTION . 9B.14C Use of information. 19 1. a. As used in this section, unless the context 20 otherwise requires, “personally identifiable information” means 21 information about or pertaining to an individual in a record 22 which identifies the individual, and includes information that 23 can be used to distinguish or trace an individual’s identity, 24 either alone or when combined with other information. 25 b. “Personally identifiable information” includes but is 26 not limited to a person’s photograph, social security number, 27 driver’s license number, name, address, and telephone number. 28 2. A notary public or a remote facilitator shall not sell, 29 offer for sale, use, or transfer to another person personally 30 identifiable information collected in the course of performing 31 a notarial act for any purpose other than as follows: 32 a. As required to perform the notarial act. 33 b. As necessary to effect, administer, enforce, service, or 34 process the transaction for which the personally identifiable 35 -6- SF 475 (4) 88 da/jh/mb 6/ 8

S.F. 475 information was provided. 1 3. Subsection 2 does not apply to the transfer of personally 2 identifiable information to another person in any of the 3 following circumstances: 4 a. Upon written consent of the person for the use or release 5 of that person’s personally identifiable information. 6 b. In response to a court order, subpoena, or other legal 7 process compelling disclosure. 8 c. As part of a change in the form of a business entity’s 9 organization or a change in the control of a business 10 entity, including as a result of an acquisition, merger, or 11 consolidation. However, any reorganized or successor business 12 entity shall comply with the same requirements as provided in 13 subsection 2. 14 4. A person who violates this section is guilty of a simple 15 misdemeanor. 16 Sec. 9. Section 9B.20, Code 2019, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 2A. The office of the recorder of a county 19 in which real estate is located may accept for recording 20 a tangible copy of an electronic record of an instrument 21 affecting real property, if the electronic record is evidenced 22 by a certificate of a notarial act pursuant to section 9B.15. 23 Sec. 10. RULEMAKING. The secretary of state shall 24 prepare a notice of intended action for the adoption of 25 rules necessary to administer this Act as provided in section 26 9B.27. The notice of intended action shall be submitted to 27 the administrative rules coordinator and the administrative 28 code editor as soon as possible after July 1, 2020. However, 29 nothing in this section authorizes the secretary of state to 30 adopt rules under section 17A.4, subsection 3, or section 31 17A.5, subsection 2, paragraph “b”. 32 Sec. 11. EFFECTIVE DATE. 33 1. Except as provided in subsection 2, this Act takes effect 34 July 1, 2020. 35 -7- SF 475 (4) 88 da/jh/mb 7/ 8