Section 6: Performance of electronic notarial acts

(1) A Notary Public may perform an electronic notarial act for an electronic document by audio-visual communication for a person who is situated —
(a) in the same State as the Notary Public;
(b) outside the State where a Notary Public is domiciled or commissioned but within Nigeria; or
(c) outside Nigeria.
(2) Where a Notary Public performs an electronic notarial act for an individual who falls under subsection (1) (b) and (c) by means of audio-visual communication, the Notary Public shall include a statement in the electronic notarial certificate to indicate that the electronic notarial act was performed by means of audio-visual communication.
(3) A remote electronic notarisation system used to perform electronic notarisation acts by audio-visual means of communication shall —
(a) provide sufficient audio clarity and video resolution to enable the notary and the individual to see, hear, and speak to each other through live, real-time transmission;
(b) include a means of authentication that reasonably ensures only the proper parties have access to the audio-visual communication;
(c) where notarisation is performed with respect to a tangible or electronic record, the notary must take reasonable steps to confirm that the record is the same record in which the individual made a statement or on which the individual executed a signature;
(d) enable the Notary Public to confirm the identity of the individual through two-factor identification methods, which may include completion of a dynamic knowledge-based authentication assessment, presentation of a government issued identification that contains the photograph and signature of the individual or any other proofing method as may be adopted by the Chief Justice of Nigeria; and
(e) be capable of recording, storing, and accessing electronic recordings and documents on the audio-visual communication.
(4) When performing an electronic notarisation, a Notary Public shall prepare and execute an electronic notarial certificate, which shall be attached to the process that has been notarised.
(5) Copies of digitally notarised documents as well as recordings of audio-visual notary sessions are to be submitted to the Chief Registrar of the Supreme Court for record keeping or to such persons as may be appointed by the Chief Registrar of the Supreme Court
(6) The sanction for the improper performance of electronic notarial acts is a fine ofN50,000.