1. 1. The fact of the notarial act, including the notary’s identity, signature, and commission status, must be verifiable by the Secretary of State, and
2. 2. The notarized electronic document will be rendered ineligible for authentication by the Secretary of State if it is improperly modified after the time of notarization, including any unauthorized alterations to the document content, the electronic notarial certificate, the notary public’s electronic signature, and/or the notary public’s official electronic seal.

Electronic notarial acts need to fulfill certain basic requirements to ensure non-repudiation and the capability of being authenticated by the Secretary of State for purposes of issuing Apostilles and Certificates of Authentication. They are as follows:

Historical Note

New Section made by final rulemaking at 9 A.A.R. 2085, effective August 1, 2003 (Supp. 03-2). Section R2-12-1208 repealed; new Section R2-12-1208 renumbered from Section R2-12-1207 and amended by final rulemaking at 26 A.A.R. 106, with an immediate effective date of December 30, 2019 (Supp. 19-4).