Arizona recently issued a Final Rule which provides new requirements for remote online notarizations. The Arizona Secretary of State adopted new and amended rules, including modifications to multiple definitions and adds new Rule R2-12-1309 to the Arizona Administrative Code.
The new regulation requires a notary public to record each remote online notarial act in chronological order in a permanent, tamper-evident electronic format. A notary may no longer record a remote online notarization in a paper journal.
Each electronic journal entry must include the following:
- The date and time of the notarial act;
- A description of the record, if any, and the type of notarial act;
- The full name and address of each individual for whom the remote online notarization act is performed;
- If the identity of the individual signer is based on personal knowledge, a statement to that effect;
- If the identity of the individual signer is based on credential analysis and identity proofing, a brief description of the results of the identity verification process and the identification credential presented, including the issuance date and expiration , but not its serial or identification number;
- If the identity of the individual signer is based on an oath or affirmation of a credible witness, the information required by subsections (3), (4), and (5) of this section with respect to the credible witness;
- A fee, if any, charged by the notary public.
Additionally, the rule clarifies that an electronic journal kept by a notary and audio and video recordings of a remote online notarization are subject to A.R.S. § 41-319, relating to public records. Notaries are required to make the records of a specific transaction available upon a proper request. The Final Rule became effective on April 8, 2022.
