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 Arizona Notary Electronic Signatures
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jbelmont

California
2991 Posts

Posted - 01/28/2011 :  4:42:51 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
The personal appearance law has changed and personal appearance for e-notarizations in AZ is now required according to
http://www.azsos.gov/public_services/chapter_laws/2010/49th_legislature_2nd_regular_session/CH_313.pdf



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LindaH

Florida
1754 Posts

Posted - 11/27/2010 :  07:12:22 AM  Show Profile  Reply with Quote
41-356 is 2005 legislation; if you see this site

http://www.azleg.state.az.us/arizonarevisedstatutes.asp?title=41

41-356 is not listed; if you search the site for 41-356, no matches.



Linda
www.notarydepot.com/notary/lindah
http://www.columbiacountynotary.webs.com/
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FlaNotary

Florida
59 Posts

Posted - 11/27/2010 :  06:08:34 AM  Show Profile  Visit FlaNotary's Homepage  Reply with Quote
quote:
Originally posted by jbelmont

Please read
41-356 on http://www.azsos.gov/pa/E-notaryIndex.htm
where it discusses notarization where the notary is not present. Please read the laws before you criticize what I have written.





The link is not available, and as the previous poster said, the statute was repealed.

Robert T. Koehler
Notary Public of the State of Florida
State-Approved Official Notary Educator

Commissioner of Deeds in the Bahamas and New Hampshire
Certified Loan Signing Agent
AAWO-Accredited Wedding Officiant

Weddings: www.NotaryWeddings.com
Classes: www.NotaryAcademy.org


Nothing in the foregoing post is to be construed as legal advice. I am not an
attorney licensed to practice law in any state and can not give legal advice or
accept fees for legal advice.
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Renee

Michigan
549 Posts

Posted - 11/27/2010 :  03:56:14 AM  Show Profile  Visit Renee's Homepage  Reply with Quote
AZ repealed section 41-356 of their Electronic Notary Statute (which is the one you cite).

It is unfortunate that the Title for this repealed section remains on their website, and isn't notated as "repealed", as this can understandably be misleading. If you try to 'open' the link, however - the statute has been removed, but none of this is made clear.

Just another example of how critical it is to go all the way to the direct source of statutes and thoroughly review them. I do find so many government 'portal' web pages are not kept up-to-date and I suspect the economy has something to do with the 'speed' of bureaucracy.

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jbelmont

California
2991 Posts

Posted - 11/26/2010 :  8:41:47 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
Please read
41-356 on http://www.azsos.gov/pa/E-notaryIndex.htm
where it discusses notarization where the notary is not present. Please read the laws before you criticize what I have written.

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FlaNotary

Florida
59 Posts

Posted - 11/03/2010 :  11:02:39 AM  Show Profile  Visit FlaNotary's Homepage  Reply with Quote
Lots of states allow electronic notarization, and have for years. This is nothing new...

And no, electronic notarization does not allow the omission of personal appearance under ANY circumstance. All the same elements of a traditional notarization must be present. The only difference is, the document is signed on a computer rather than with a pen. The declarant must still be identified, take an oath (if applicable), and personally appear before the notary each time.

Robert T. Koehler
Notary Public of the State of Florida
State-Approved Official Notary Educator

Commissioner of Deeds in the Bahamas and New Hampshire
Certified Loan Signing Agent
AAWO-Accredited Wedding Officiant

Weddings: www.NotaryWeddings.com
Classes: www.NotaryAcademy.org


Nothing in the foregoing post is to be construed as legal advice. I am not an
attorney licensed to practice law in any state and can not give legal advice or
accept fees for legal advice.

Edited by - FlaNotary on 11/03/2010 11:04:34 AM
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jbelmont

California
2991 Posts

Posted - 11/03/2010 :  01:42:01 AM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
Arizona notaries can perform e-notarizations!
Become an "Electric" arizona notary public! They should make a T-shirt for this.
I'm an electric notary and I'm sizzling!

According to Arizona electronic transactions act ARS 44-7001 through 44-7051
An Arizona notary public may do electronic notary acts when required by law.

Here are the conditions:
(1) The electronic document is signed pursuant to ARS 44-7001 through 44-7051 or section 44-132 if in the presence of a notary.

(2) The notary confirms that the electronic signature on the electronic document is confirmed to be the signer's real signature.

(3) The Arizona notary signs the e-document with an electronic signature that conforms to law.

(4) The Arizona notary's full name and Arizona notary commission # must appear on the electronic form.

(5) The words electric notary public, State of Arizona, and My commission expires on ( date ) must appear on the electronic document as well.

(6) The AZ notary's principal contact address must appear on the electric document as well.

(7) The notary's email or other electonic address must appear as well.

(8) The signer must use a time stamp token when signing the document, however, such a device doesn't exist. However, modern computers are probably
capable of time-stamping electonic signatures.

(9) The office of electric notary is completely different from being a regular Arizona notary. You must apply and have a $25,000 bond to be an electric Arizona notary public.

(10) The notary must keep an electronic journal as well and record each notary act in it.

(11) An electronic notary certificate must accompany all electronic notarizations.

(12) A person can appear before an electronic notary for acknowledgments, oaths, affirmations and jurats.

(13) An electronic notary may charge no more than $25 per acknowledgment and no more than $50 for creating an notary service electronic certificate

(14) Being notarized WITHOUT appearing before the electric Arizona notary.
A signer can sign an electric document before seeing the notary, and THEN see a notary, be positively identified, and sign the journal.

A signer can get electric notarizations for TWO YEARS AFTER being identified and notarized an electric notary with a notary service electronic certificate.

I've never heard of anyone becoming an electronic notary, but at least the laws are in place. I think the laws were 20 years ahead of their time. But, being ahead of time is better than being behind the times. My personal advice is -- just don't get electricuted.

Visit our AZ notary info page at:
http://www.123notary.com/arizona_notary/
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