A. The secretary of state may adopt rules to implement this article. On or before July 1, 2022, the secretary of state shall adopt rules under this section regarding the performance of notarial acts with respect to electronic records. Rules adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. The rules may:

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Terms Used In Arizona Laws 41-275

  • Commission: means to authorize to perform notarial acts and the written authority to perform those acts. See Arizona Laws 41-251
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Arizona Laws 41-251
  • Fraud: Intentional deception resulting in injury to another.
  • notary: means any individual who is commissioned to perform notarial acts by the secretary of state. See Arizona Laws 41-251
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • 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

1. Prescribe the manner of performing notarial acts regarding tangible and electronic records.

2. Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident.

3. Include provisions to ensure integrity in the creation, transmittal, storage or authentication of electronic records or signatures.

4. Prescribe the process of granting, renewing, conditioning, denying, suspending or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as a notary public.

5. Include provisions to prevent fraud or mistake in the performance of notarial acts.

6. Establish the process for approving and accepting surety bonds and other forms of assurance under section 41-269.

7. Provide for the administration of the examination under section 41-270, subsection A and the course of study under section 41-270, subsection B.

B. In adopting, amending or repealing rules about notarial acts with respect to electronic records, the secretary of state shall consider, so far as is consistent with this article:

1. The most recent standards regarding electronic records promulgated by national bodies, such as the national association of secretaries of state.

2. Standards, practices and customs of other jurisdictions that substantially enact this article.

3. The views of governmental officials and entities and other interested persons.

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