Arizona Laws 41-268. Notification regarding performance of notarial act on electronic record; selection of technology; acceptance of tangible copy of electronic record
A. A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person may not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.
Terms Used In Arizona Laws 41-268
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Arizona Laws 41-251
- Notarial officer: means a notary public or other individual who is authorized to perform a notarial act. See Arizona Laws 41-251
- notary: means any individual who is commissioned to perform notarial acts by the secretary of state. See Arizona Laws 41-251
- Person: means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Arizona Laws 41-251
- Record: means information that is either:
(a) Inscribed on a tangible medium. See Arizona Laws 41-251
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 41-251
B. Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. If the secretary of state has established standards for approval of technology pursuant to section 41-275, the technology must conform to the standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology.
C. A county recorder shall accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original, if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record.