Ariz. Admin. Code § R2-12-1206 - Security of Electronic Signatures and Electronic Seals

A. A notary public's electronic signature and electronic seal shall remain within the exclusive control of the notary public, including control by means of use of a password or other secure method of authentication. A notary public shall not disclose any access information used to affix the notary public's electronic signature or electronic seal to electronic records, except:

1. When requested by the Secretary of State or a law enforcement officer;

2. When required by court order or subpoena; or

3. Pursuant to an agreement to facilitate electronic notarizations with a vendor or other technology provider identified in an application submitted under this Article.

B. A notary public may not allow any other individual to use his or her electronic signature or electronic seal to perform a notarial act.

C. Upon resignation, revocation, or expiration of the notary public's commission, the notary public's electronic seal (including any coding, disk, digital certificate, card, software, or password that enables the notary public to attach or logically associate the electronic seal to an electronic record) shall be destroyed or disabled to prohibit its use by any other person.

1. Incorporating the electronic notary token elements into the document;

2. Either directly incorporating the time and date of notarization or incorporating the time and date of notarization using a process of an approved time stamp provider;

3. Affixing the notary's electronic signature.

D. A notary public shall immediately notify an appropriate law enforcement agency and the Secretary of State on actual knowledge of the theft or vandalism of the notary public's electronic signature, electronic seal, or digital certificate. A notary public shall immediately notify the Secretary of State on actual knowledge of the unauthorized use by another person of the notary public's electronic signature, electronic seal, or digital certificate.

1. Presence of a date and time stamp from an approved time stamp token provider;

2. Affixing the notary's electronic signature.

Notes

Ariz. Admin. Code § R2-12-1206

New Section made by final rulemaking at 9 A.A.R. 2085, effective August 1, 2003 (Supp. 03-2). R2-12-1206 renumbered from R2-12-1205 by final rulemaking at 26 A.A.R. 106, effective 12/30/2019.