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Last Update: July

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24, 2024

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1. Notarial Acts

   1. Personal Knowledge: Under Alaska law, a Notary Public may identify a person signing a document requiring an acknowledgment (AS 09.63.070[2]) or for a notarial act performed in the Notary’s physical presence through the Notary’s personal knowledge of the individual (AS 44.50.062[5][C]).

   2. Documentary Identification: “A notary public may not … affix the notary public’s official seal to a document unless the person who is to sign the document … in the case of a notarial act performed in the physical presence of the notary public, is personally known to the notary public, produces government-issued identification containing the photograph and signature of the person signing, or produces
      “(i) government-issued identification containing the signature of the person signing, but without a photograph; and
      “(ii) another valid identification containing the photograph and signature of the person signing” (AS 44.50.062[5][C]).

2. Remote Notarial Acts

   Requirement

   : “A notary public may not … affix the notary public’s official seal to a document unless the person who is to sign the document … in the case of a notarial act performed for a remotely located individual, satisfies the requirements of AS 44.50.075” (AS 44.50.062[5][D]).

   1. Personal Knowledge: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if
      “(1) the notary public:
      “(A) has personal knowledge of the identity of the individual” (AS 44.50.075[b][1][A]).

   2. Credible Witness: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if
      “(1) the notary public: …
      “(B) obtained satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public (AS 44.50.075[b][1][B]).”

      1. According to 8 AAC 88.040(d)(2)(A) and (B), to be a credible witness for a remote notarization, the witness must have personal knowledge of the remotely located individual and the notary public must have personal knowledge of the credible witness or must have satisfactory evidence of the identity of the credible witness through verification of the witness’s identity by multi-factor authentication in accordance with 8 AAC 88.040(a) through (c).

      2. A credible witness may be outside the physical presence of the Notary or a remotely located individual if the Notary, credible witness, and remotely located individual can communicate by using communication technology (8 AAC 88.040[d][2][C]).

   3. Multi-factor Authentication: If a Notary does not have personal knowledge or satisfactory evidence of the identity of a remotely located individual using a credible witness (see “Credible Witness, ” below), the Notary must use a multi-factor authentication procedure .
      “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if
      “(1) the notary public: …
      “(C) obtained satisfactory evidence of the identity of the remotely located individual by using
      ”(i) a government-issued identification card;
      ”(ii) a credential analysis of the identification card described in (i) of this subparagraph…; and
      “(iii) at least one type of identity proofing” consisting of the presentation of a government-issued ID, credential analysis of the presented ID, and at least one form of identity proofing (AS 44.50.075[b][1][C]).

      Definitions and Standards

      1. “'[C]redential analysisM]ulti-factor authentication' means a form of identity proofing by security system that requires more than one method of authentication from independent categories of credentials to verify the user’s identity for a login or other transaction” (8 AAC 88.990[4]).

      2. “The [multi-factor authentication] procedure must analyze the individual’s identification credential that is the subject of remote presentation against trusted third-party data sources, bind the individual’s identity to the individual following a successful knowledge-based authentication assessment, and permit the notary public to visually compare the identification credential and the individual. Credential analysis and identity proofing must be performed by a reputable third party that has provided evidence to the notary public of its ability to satisfy the requirements of this chapter [8 AAC Chapter 88]” (8 AAC 88.040[a]).

      3. “'[C]redential analysis' means a form of identity proofing by which a third person affirms the accuracy of a government-issued identification card” (AS 44.50.075[b][1][C][ii]).
         “Credential analysis must use public or private data sources to confirm the validity of the identification credential that is the subject of remote presentation by a remotely located individual and must, at a minimum,
         ”(1) use automated software processes to aid the notary public in verifying the identity of each remotely located individual;
         ”(2) require the identification credential to pass an authenticity test, consistent with sound commercial practices, that uses appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features, and to confirm that the identification credential is not fraudulent or inappropriately modified;
         ”(3) use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identification credential details; and
         ”(4) enable the notary public to visually compare for consistency the information and photograph on the identification credential and the remotely located individual as viewed by the notary public in real time through communication technology” (8 AAC 88.040[b]).

      4. “'[I]dentity proofing' means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (AS 44.50.200[8]).
         “Identity proofing may be performed by means of a knowledge-based authentication assessment. The assessment is successful if it meets the following requirements:
         ”(1) the remotely located individual must answer a quiz of a minimum of five questions related to the individual’s personal history or identity formulated from public or private data sources;
         ”(2) each question must have a minimum of five possible answer choices;
         ”(3) at least 80 percent of the questions must be answered correctly;
         ”(4) all questions must be answered within two minutes;
         ”(5) if the remotely located individual fails the first attempt, the individual may retake the quiz one time within 24 hours;
         ”(6) during a retake of the quiz, a minimum of 40 percent of the prior questions must be replaced ”(4) all questions must be answered within two minutes;
         ”(75) if the remotely located individual fails the second first attempt, the individual is not allowed to retry with the same online notary public until at least 24 hours after the second failed attempt; andmay retake the quiz one time within 24 hours;
         ”(86) the notary public may not be able to see or record the questions or answers” (8 AAC 88.040[c]).“'[M]ulti-factor authentication' means a security system that requires more than one method of authentication from independent categories of credentials to verify the user’s identity for a login or other transaction” (8 AAC 88.990[4]).
         “The [multi-factor authentication] procedure must analyze the individual’s identification credential that is the subject of remote presentation against trusted third-party data sources, bind the individual’s identity to the individual following a successful knowledge-based authentication assessment, and permit the notary public to visually compare the identification credential and the individual. Credential analysis and identity proofing must be performed by a reputable third party that has provided evidence to the notary public of its ability to satisfy the requirements of this chapter [8 AAC Chapter 88]” during a retake of the quiz, a minimum of 40 percent of the prior questions must be replaced;
         ”(7) if the remotely located individual fails the second attempt, the individual is not allowed to retry with the same online notary public until at least 24 hours after the second failed attempt; and
         ”(8) the notary public may not be able to see or record the questions or answers” (8 AAC 88.040[ac]).

Willingness and Competence

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Alaska has adopted the Uniform Recognition of Acknowledgments Act with minor revisions, including
the Act’s short-form certificates (AS 09.63.100[a]). In addition, Alaska Statutes 09.63.030 and 09.63.040 contain statutory certificate forms for administering an oath or affirmation and verification, respectively. These certificate forms appear below.

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