41-275. Rules

291 words·~1 min read·/az/title-41/41-275

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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:

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.