WBK Industry - State Regulatory Developments

Arizona Amends Laws on Electronic Notarization

The state of Arizona has amended certain provisions of its state statutes relating to notaries, including major changes which apply the state’s general notary laws to electronic notarization.  The legislature eliminated the differentiated definitions previously supplied for “electronic” notarization provision and applied the rules stated in the state’s general notarization statutes to electronic notarization and/or notarization of documents signed with an electronic signature.  The newly amended provisions will become effective on July 20, 2018.

Major amendments to the state’s various notarization statutes include:

  • the addition of language which makes clear that notarization only “verifies […] the identity of a signer of a document” but “not the truthfulness, accuracy or validity of the document;”
  • the designation of inmate identification cards as “satisfactory evidence of identity;”
  • prohibiting a notary from notarizing a document written in a language which he or she does not understand;
  • a new provision requiring notaries to submit their resignation in writing to the Arizona Secretary of State;
  • the deletion of all provisions which defined various terms specific to electric notarization, except the definition of “electronic signature;” and
  • the inclusion of a new provision which makes clear that all notarial commissions, duties, and acts prescribed by the state’s notary laws may also be performed electronically and/or on documents signed with an electronic signature.

The amendments made in Arizona House Bill 2178 are accessible here.