Arizona Adopts Final Rules Regarding Remote Online Notarization

Arizona recently published its Final Rule regarding electronic and remote online notarization.  Among other matters, the Final Rule provides new requirements for journaling remote online notarizations by providing that each online notarial act may not be maintained in a paper journal, but must be maintained in a permanent tamper-evident electronic format including for each entry: (1) the date and time of the notarial act; (2) A description of the record, if any, and type of notarial act; (3) the full name and address of each individual for whom the remote online notarial act is performed; (4) if the identity of the individual is based on personal knowledge, a statement to that effect; (5) if the identity of the individual 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 date of issuance and expiration of the identification credential (but not its serial or identification number); (6) if the identity of the individual is based on an oath or affirmation of a credible witness, the information required by subsections (3), (4) and (5) above with respect to the credible witness; and (7) the fee, if any, charged by the notary public.  The rulemaking further provides that the electronic journal and the audio and visual recording of the online remote notarization are public records under A.R.S. § 41-319, and must be made available by the notary in connection with a particular transaction by a party who properly requests it. The Final Rules became effective on April 8, 2022.