1. A. To receive authorization from the Secretary of State to perform electronic notarizations a notary public must submit an application in a format prescribed by the Secretary of State that provides the following information about the applicant:

   1. 1. The applicant’s full legal name and the name under which the applicant is commissioned as a notary public (if different);
   2. 2. The applicant’s email address;
   3. 3. A description of the technologies or devices that the applicant intends to use to perform electronic notarizations;
   4. 4. The name, address, and website URL of any vendors or other persons that will directly supply to the applicant the technologies that the applicant intends to use;
   5. 5. A statement certifying that the applicant has obtained a digital certificate from a qualified certificate authority to be used by the applicant in performing electronic notarizations; and
   6. 6. A statement certifying that the technologies described in the application comply with the requirements of this Article.
2. B. The application must be submitted to the Secretary of State as provided by information posted on the Secretary of State’s website at https://azsos.gov/.
3. C. If, during the term of a notary public’s commission, the notary public intends to use the technologies of another vendor or person than those identified under subsection (A)(3) and (4), then an additional application or amendment identifying such other vendors or other persons must be submitted to the Secretary of State as provided in this Section.
4. D. If the technology identified in the application under subsection (A) conforms to the standards adopted under this Article and the applicant satisfies the requirements of this Section, the Secretary of State shall approve the use of the technology and issue to the notary public written authorization to perform electronic notarizations.

5. E. The Secretary of State may reject the application, or terminate or revoke a prior authorization given under this Section, for the following reasons:

   1. 1. The applicant’s failure to comply with A.R.S. §§ 41-251 through 41-333 or this Article;
   2. 2. Any information required under subsection (A) is missing, inaccurate, or incomplete; or
   3. 3. The technology identified in the application does not conform to the standards adopted under this Article.
6. F. The Secretary of State shall notify the notary public of approval or rejection of the application within 45 days after receipt. If the application is rejected, the Secretary of State shall state the reasons for the rejection.
7. G. Rejection of an application, or termination or revocation of a prior authorization to perform electronic notarizations may be appealed pursuant to A.R.S. §§ 41-1092.03 and 41-1092.06.
8. H. The term of the commission for electronic notarization shall be the same as the term of the notary’s existing notary commission.
9. I. The renewal of the commission of a notary public who has previously received authorization to perform electronic notarizations does not constitute renewal of such authorization to perform electronic notarizations. Applicant shall submit another application as provided under subsection (A) and must receive authorization from the Secretary of State in order to continue to perform electronic notarizations.
10. J. Nothing herein shall be construed to prohibit a notary public from receiving, installing, or using hardware and/or software updates to the technologies that the notary public identified under subsection (A) if the hardware and/or software update does not result in technologies that are materially different from the technologies that the notary public identified previously.

Historical Note

New Section made by final rulemaking at 9 A.A.R. 2085, effective August 1, 2003 (Supp. 03-2). Section R2-12-1203 renumbered to R2-12-1204; new Section R2-12-1203 renumbered from Section R2-12-1202 and amended by final rulemaking at 26 A.A.R. 106, with an immediate effective date of December 30, 2019 (Supp. 19-4). Amended by final rulemaking at 28 A.A.R. 719 (April 8, 2022), effective March 24, 2022 (Supp. 22-1).

R2-12-1204 Tamper Evident Technology

A. A notary public shall select one or more tamper-evident technologies to perform electronic notarizations. The tamper-evident technology shall consist of a digital certificate complying with the X.509 standard adopted by the International Telecommunication Union or a similar industry-standard technology.

B. In performance of an electronic notarization, a notary public shall attach or logically associate the notary public’s electronic signature and electronic seal to an electronic record that is the subject of a notarial act by use of the digital certificate.

C. A notary public may not perform an electronic notarization if the digital certificate:

1. Has expired;

2. Has been revoked or terminated by the issuing or registering authority;

3. Is invalid; or

4. Is incapable of authentication.

D. Renewal of the notary’s digital certificate is separate from the registration process with the Secretary of State and shall be obtained from a qualified certificate authority capable of supplying certificates that comply with this Section. Renewal of the certificate with the certificate authority is the responsibility of the notary.

New Section made by final rulemaking at 9 A.A.R. 2085, effective August 1, 2003 (Supp. 03-2). Section R2-12-1204 renumbered to R2-12-1205; new Section R2-12-1204 renumbered from Section R2-12-1203 and amended by final rulemaking at 26 A.A.R. 106, with an immediate effective date of December 30, 2019 (Supp. 19-4).