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ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature First Regular Session |
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SB 1115: revised uniform law; notarial act
Sponsor: Senator Ugenti-Rita, LD 23
Committee on Government & Elections
Overview
Makes numerous modifications to statute relating to notaries public and notarial acts.
History
Notaries public are required to perform a number of notarial acts, including the following: 1) taking acknowledgements and giving certificates of the acknowledgements endorsed on or attached to the instrument; 2) administering oaths and affirmations; and 3) performing jurats and copy certification.
Notaries public also must do the following: 1) keep, maintain and protect, as a public record, a journal of all official acts performed by the notary; 2) provide and keep the official seal, the name of the county where the notary is commissioned, the name of the notary as it appears on the notarial application, the great seal of the state of Arizona, the notarial commission number and the expiration date of the notarial commission; 3) authenticate, with the official seal, all official acts on every certificate or acknowledgment signed and sealed by the notary; and 4) respond to requests for information and comply with investigations that are initiated by the Secretary of State (SOS) or Attorney General (A.R.S. § 41-313).
Provisions
Authority to Perform Notarial Acts
1. Authorizes a notarial officer to perform a notarial act. (Sec. 10)
2. Prohibits a notarial officer from performing a notarial act with respect to a record where the officer or the officer's spouse is a party or in which either has a direct beneficial interest and states that a notarial act performed in this respect is voidable. (Sec. 10)
3. Allows a notarial officer to certify that a tangible copy of an electronic record is an accurate copy of the electronic record. (Sec. 10)
Requirements for Certain Notarial Acts
4. Requires a notarial officer taking an acknowledgment of a record to determine, based on personal knowledge or satisfactory evidence of the identity of the person, that the person has the identity claimed and that the signature is the person's signature. (Sec. 10)
5. States that a notarial officer taking a verification of a statement on oath or affirmation must determine the following:
a) The person appearing before the officer and making the verification has the identity claimed and the signature on the statement verified is the signature of that person; and
b) The record containing the statement verified is complete. (Sec. 10)
6. Mandates a notarial officer witnessing or attesting to a signature to determine, from personal knowledge or satisfactory evidence of the identity of the person, that the person appearing before the officer and signing the record has the identity claimed. (Sec. 10)
7. Maintains that a notarial officer who certifies or attests a copy of a record or copied item must determine that the copy is a full, true and accurate transcription or reproduction of the item. (Sec. 10)
8. Prohibits a notarial officer from certifying or attesting a copy of a public record of this state. (Sec. 10)
9. States that a notarial officer who makes or notes a protest of a negotiable instrument must determine the matters regarding current law relating to evidence of dishonor. (Sec. 10)
10. Instructs a notarial officer performing a notarial act for a person to communicate with the person either directly in a language that both parties understand or indirectly through a translator who communicates with both parties in a language the translator understands. (Sec. 10)
Personal Appearance Required
11. Stipulates that if a notarial act relates to a statement made in or a signature executed on a record, the person making the statement or executing the signature must personally appear before the notarial officer. (Sec. 10)
12. Requires a translator to personally appear before the notary public if a notarial act involves a translator. (Sec. 10)
Identification of Individual
13. Asserts that a notarial officer has personal knowledge of the identity of a person appearing before the officer if the person is personally known to the officer through dealings sufficient to provide reasonable certainty that the person has the identity claimed. (Sec. 10)
14. Outlines the means a notarial officer can have satisfactory evidence of the identity of a person appearing before the officer. (Sec. 10)
15. Grants that a notarial officer may require a person to provide additional information or identification credentials necessary for assuring the officer of the identity of the person. (Sec. 10)
Refusal to Perform Notarial Acts
16. Allows a notarial officer to refuse to perform a notarial act if the officer is not satisfied that either the person executing the record is competent or has the capacity to execute the record or the signature of the person is knowingly and voluntarily made. (Sec. 10)
17. Enables a notarial officer to refuse to perform a notarial act unless refusal is prohibited by any other law. (Sec. 10)
Signature if Individual is Unable to Sign
18. Stipulates that if a person is unable to sign a record, the person may direct a person other than the notarial officer to sign the name of the person on the record. (Sec. 10)
19. Provides a prompt the notarial officer must include if the person is unable to sign. (Sec. 10)
Notarial Acts in this State
20. Allows a notarial act to be performed in this state by any of the following:
a) A notary public of this state;
b) A judge, clerk or deputy clerk of a court of record of this state;
c) A person licensed to practice law in this state; or
d) Any person authorized to perform the specific act by Arizona law. (Sec. 10)
21. States that the signature and title of a person performing a notarial act in Arizona are prima facie evidence that the signature is genuine, and that the person holds the designated title. (Sec. 10)
22. Stipulates that the signature and title of those allowed to perform notarial acts establishes the authority of the officer to perform the notarial act. (Sec. 10)
Notarial Acts in Another State
23. Asserts that a notarial act performed in another state has the same effect under the laws of Arizona as if performed by a notarial officer of this state if performed by any of the following:
a) A notary public of that state;
b) A judge, clerk or deputy clerk of a court of that state; or
c) Any other individual authorized by the laws of that state to perform the notarial act. (Sec. 10)
24. States that the signature and title of a person performing a notarial act in another state are prima facie evidence that the signature is genuine, and that the person holds the designated title. (Sec. 10)
Notarial Act Under Authority of Federally Recognized Indian Tribes
25. Maintains that a notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state if the act performed in the jurisdiction of the tribe is performed by any of the following:
a) A notary public of the tribe;
b) A judge, clerk or deputy clerk of a court of the tribe; or
c) Any other individual authorized by the laws of the tribe to perform the notarial act. (Sec. 10)
26. States that the signature and title of a person performing a notarial act under the authority of and in the jurisdiction of a tribe are prima facie evidence that the signature is genuine, and that the person holds the designated title. (Sec. 10)
Notarial Act Under Federal Authority
27. Establishes that a notarial act performed under federal law has the same effect under this state's law as if performed by a state notarial officer if the act performed under federal law is performed by any of the following:
a) A judge, clerk or deputy clerk of a court;
b) A person in military service or performing duties under authority of military service who is, under federal law, authorized to perform notarial acts;
c) A person designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or
d) Any other person authorized by federal law to perform the notarial act. (Sec. 10)
28. States that the signature and title of a person acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine, and that the person holds the designated title. (Sec. 10)
Foreign Notarial Act
29. Ensures that a notarial act performed under the following has the same effect under this state's laws as if performed by a state notarial officer:
a) The authority and in the jurisdiction of a foreign state or constituent unit of the foreign state; or
b) The authority of a multinational or international governmental organization. (Sec. 10)
30. Maintains that if the title of officer and indication of authority to perform notarial acts in a foreign state appear in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established. (Sec. 10)
31. Grants that the signature and official stamp of a person holding an above-mentioned office are prima facie evidence that the signature is genuine, and the person holds the designated title. (Sec. 10)
32. Specifies that an apostille in the form prescribed by the Hague Convention of October 5, 1961 and issued by a foreign state party to the convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. (Sec. 10)
33. States that a consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office. (Sec. 10)
Notarial Act Performed for Remotely Located Individual
34. Permits a remotely located person to comply with a required personal appearance by using communication technology to appear before a notary public. (Sec. 10)
35. Allows a state notary public to perform a notarial act using communication technology for a remotely located individual if the following apply:
a) The notary public has any of the following:
i. Personal knowledge of the remotely located person's identity;
ii. Satisfactory evidence of the identity of the person by oath or affirmation from a credible witness appearing before and identified by the notary public; or
iii. Satisfactory evidence of the identity of the remotely located person through the use of at least two different types of identity proofing;
b) The notary public is reasonably able to confirm that a record before the notary public is the same record the remotely located person made a statement or on which the person made a signature;
c) The notary public, or person acting on behalf of the notary public, creates an audiovisual of the performance of the notarial act; and
d) Both of the following apply for a remotely located person located outside the US:
i. The record either will be filed with or relates to a matter before a public official or court, governmental entity or other entity subject to the jurisdiction of the United States, or involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; or
ii. The notary public does not have actual knowledge that the act of making the statement or signing the record is prohibited by the foreign state in which the remotely located person is located. (Sec. 10)
36. Directs the notarial act to include the statutorily prescribed certificate of notarial act and short form certificate if performed using communication technology. (Sec. 10)
37. Prescribes when a short form certificate for a notarial act is sufficient. (Sec. 10)
38. Requires a notary public, guardian, conservator or agent of a notary public or a personal representative of a deceased notary public to retain the audiovisual recording or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording for at least five years. (Sec. 10)
39. States that before a notary public performs the initial notarial act, the notary public is required to notify the SOS that the notary public will be performing notarial acts with respect to remotely located people and identify the technologies the notary public intends to use. (Sec. 10)
40. Provides that if the SOS has established standards for approval of communication technology or identity proofing, the practices must conform to the standards. (Sec. 10)
41. Requires, by July 1, 2022, the SOS to adopt rules for the performance of notarial acts for remotely located people. (Sec. 10)
42. Allows the rules adopted by the SOS to do the following:
a) Prescribe the means of performing a notarial act involving a remotely located person using communication technology;
b) Establish communication technology and identity proofing standards;
c) Establish requirements or procedures to approve providers of communication technology and the process of identity proofing; and
d) Establish standards and a period for the retention of an audiovisual recording. (Sec. 10)
43. Instructs the SOS to consider the following before adopting, amending or repealing a rule governing performance of a notarial act with respect to a remotely located person:
a) The most recent standards regarding the performance of a notarial act in respect to a remotely located person adopted by national standard-setting organizations and the recommendations of the National Association of Secretaries of State;
b) Standards, practices and customs of other jurisdictions that have laws similar to this Act; and
c) Views of governmental officials and entities and other interested people. (Sec. 10)
Certificate of Notarial Act
44. States that a notarial act must be evidenced by a certificate. (Sec. 10)
45. Requires the following of a certificate:
a) Be executed at the same time as the performance of the notarial act;
b) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the SOS;
c) Identify the jurisdiction in which the notarial act is performed;
d) Contain the title of office of the notarial officer;
e) Indicate the date of expiration of the officer's commission if the notarial officer is a notary public; and
f) Be worded and completed using only letters, characters and a language that are read, written and understood by the notary public. (Sec. 10)
46. Stipulates that an official stamp must be affixed to the certificate if a notarial act regarding a tangible record is performed by a notary public. (Sec. 10)
47. Allows an official stamp to be affixed to the certificate if the following apply:
a) The notarial act is performed regarding a tangible record by a notarial officer other than a notary public; and
b) The certificate has the information specified in this Act. (Sec. 10)
48. Permits an official stamp to be attached to or logically associated with a certificate if the following apply:
a) The notarial act regarding an electronic record is performed by a notarial officer; and
b) The certificate has the information specified in this Act. (Sec. 10)
49. Provides that a notarial act certificate is sufficient if it meets the requirements of this Act and any of the following apply to the certificate:
a) It is in a short form;
b) It is in a form allowed by state law;
c) It is in a form allowed by the law applicable in the jurisdiction where the act was performed; or
d) It sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act. (Sec. 10)
50. Establishes that by executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with requirements and made the determinations specified. (Sec. 10)
51. Prohibits a notarial officer from affixing the notarial officer's signature to or logically associating it with a certificate until the notarial act has been performed. (Sec. 10)
52. Requires a certificate to be part of or securely attached to the record if a notarial act is performed regarding a tangible record. (Sec. 10)
53. States that if a notarial certificate is attached to the record using a separate sheet of paper, the attachment must contain a description of the record that includes, at the minimum, the following:
a) The title or type of record;
b) The date of the record;
c) The number of pages of the record; and
d) Any additional signers of the record aside from the ones named in the notarial certificate. (Sec. 10)
54. Stipulates that if a notarial act is performed regarding an electronic record, the certificate must be affixed to or logically associated with the electronic record. (Sec. 10)
55. States if the SOS establishes standards for attaching, affixing or logically associating the certificate, the process is required to conform to those standards. (Sec. 10)
Short Form Certificates
56. Provides a short form certificate describing language to be used and stipulates that the language in the provided short form certificate is sufficient for the purposes indicated. (Sec. 10)
Official Stamp
57. Requires the official stamp of a notary public to include the following:
a) The words 'notary public';
b) The name of the county the notary public is commissioned in;
c) The notary public's name as it appears on the commission;
d) The commission's expiration date; and
e) Other information required by the SOS. (Sec. 10)
58. Mandates an official stamp of a notary public be capable of being copied together with the record it is affixed to, attached to or logically associated with. (Sec. 10)
59. Outlines the requirements of the official stamp of a notary public. (Sec. 10)
60. Prohibits a notary public from affixing or attaching the official stamp over the notary public's signature or over any other signature on the record that is the subject of the notarial act. (Sec. 10)
61. Classifies the official stamp of a notary public as an official seal of office for the purposes of the laws of this state. (Sec. 10)
Stamping Device
62. States that it is the responsibility of a notary public to keep their stamping device secure and not allow another person to use it to perform a notarial act. (Sec. 10)
63. Stipulates that on resignation from, revocation of or expiration of the notary public's commission, the notary public must disable any electronic stamping device by destroying, erasing or securing it against use in a manner that makes it unable to be used. (Sec. 10)
64. Maintains that on the death or adjudication of incompetency of a notary public, the personal representative, guardian or any other person knowingly in possession of any electronic stamping device of a notary public must render it unusable by destroying, erasing or securing it against use in a manner that makes it unable to be used. (Sec. 10)
65. Prohibits a vendor of stamping devices from providing a stamping device to a person unless the person presents a copy of the person's commission and requires the vendor to keep the copy for four years. (Sec. 10)
66. Allows a notary public to do the following:
a) Possess only one physical stamping device for use with notarial acts performed regarding tangible records;
b) Possess an embosser in addition to a physical stamping device; and
c) Use an embosser only in conjunction with the notary public's physical stamping device. (Sec. 10)
67. Specifies that an embosser or an impression made by the embosser is not an official seal of office for the purposes of the laws of this state. (Sec. 10)
68. Classifies a violation of the prohibited vendor actions as a class 6 felony. (Sec. 10)
69. Makes a notary public's violation of the aforementioned provisions a class 3 misdemeanor. (Sec. 10)
Performance of Notarial Act on Electronic Record
70. Allows a notary public to select one or more tamper-evident technologies to perform notarial acts for electronic records. (Sec. 10)
71. Prohibits a person from requiring a notary public to perform a notarial act for an electronic record with technology the notary public has not selected. (Sec. 10)
72. States that before a notary public performs the initial notarial act for an electronic record, the notary public must notify the SOS that the notary public will be performing the act with respect to electronic records and identify the technology intended for use. (Sec. 10)
73. Requires the technology to conform to standards the SOS may have put forth for approval of technology. (Sec. 10)
74. Mandates the SOS to approve the technology use if it conforms to the standards. (Sec. 10)
75. Stipulates that if the notarial officer executing the notarial certificate certifies that the tangible copy is an accurate copy of the electronic record, a county recorder must accept for recording a tangible copy of an electronic record containing a notarial certificate as satisfying any requirement that a record accepted for recording be an original. (Sec. 10)
Commission as Notary Public
76. Allows a qualified applicant to apply to the SOS for a commission as a notary public. (Sec. 10)
77. Requires the applicant to comply with and provide the information required by rules established by the SOS and pay any application fee. (Sec. 10)
78. Mandates that aside from the applicant's name and business address, all information on an application is confidential and is prohibited from being disclosed to any person other than the following:
a) The applicant;
b) The applicant's guardian or personal representative; or
c) An employee or officer of the federal, state or local government acting in an official capacity. (Sec. 10)
79. Instructs the SOS to use the information only for carrying out the purposes of this Act. (Sec. 10)
80. Requires that an applicant for a commission as a notary public have the following qualifications:
a) Be at least 18;
b) Be a citizen or permanent legal resident of the United States;
c) Be a resident of this state for income tax purposes and claim the person's residence in this state as the person's primary residence on state and federal tax returns;
d) Be able to read, write and understand English;
e) Not be disqualified from receiving a commission;
f) Have passed an examination if required by the SOS; and
g) Keep, as a reference, a manual that is approved by the SOS describing the duties, authority and ethnical responsibilities of a notary public. (Sec. 10)
81. Directs an applicant for a notary public commission to execute an oath of office and submit it to the SOS before a commission is issued. (Sec. 10)
82. Asserts that an applicant for a notary public commission must submit an assurance to the SOS and outlines such requirements. (Sec. 10)
83. Establishes that a commission to act as a notary public authorizes the notary public to perform notarial acts but does not provide the notary public any immunity or benefit conferred by the laws of this state on public officials or employees. (Sec. 10)
84. Stipulates that a notary public is a public officer commissioned by this state for a term of four years, and all of the following apply without regard to whether the notary public's employer or any other person has paid the fees and costs for commissioning of the notary public, including costs for a stamping device or journal:
a) A notary public's stamping device, commission and any journal containing only public record entries remain the property of the notary public;
b) A notary public can perform acts outside the workplace of the notary's employer except during times normally designated as the notary public's hours of duty for that employer; all fees received by a notary public for notarial services provided while not on duty remain the property of the notary public; and
c) The employer of a notary public is prohibited from limiting the notary public's services to customers or other people designated by the employer. (Sec. 10)
85. Allows this state or any of its political subdivisions to pay the fees and costs for the commissioning of a notary public who is an employee of this state or of its political subdivisions and who performs notarial acts during the notary public's employment or for the convenience of public employees. (Sec. 10)
Examination of Notary Public
86. Allows the SOS to require the following applicants for a commission as a notary public to pass an examination administered by the SOS or an entity approved by the SOS:
a) An applicant who does not hold a commission in this state;
b) An applicant who is renewing a commission as a notary public; or
c) A notary public with a suspended commission. (Sec. 10)
87. Prescribes the requirements for the course of study and examination. (Sec. 10)
88. Enables the SOS to prescribe and assess a fee for administering a course of study and examination. (Sec. 10)
89. Mandates that the SOS deposit the fees collected in the notary education fund. (Sec. 10)
Grounds to Deny Commission of Notary Public
90. Allows the SOS to deny, refuse to renew, revoke, suspend or impose a condition on a commission as notary public for any act or omission demonstrating a lack of honesty, integrity, competence or reliability of an individual to act as a notary public. (Sec. 10)
91. Entitles an applicant or notary public to timely notice and a hearing if the SOS denies, refuses to renew, revokes, suspends or imposes conditions on a commission as a notary public. (Sec. 10)
92. Makes the denial of an application or revocation or suspension of a commission an appealable agency action. (Sec. 10)
93. Prohibits an applicant from submitting a new application for consideration while the appeal is pending if an applicant appeals the denial of an application. (Sec. 10)
94. States that if a person's commission as a notary public in this state is revoked, the individual may not submit a new application for commission for one year after the date of revocation. (Sec. 10)
95. Maintains that the authority of the SOS to deny, refuse to renew, suspend, revoke or impose conditions on a commission as a notary public does not prevent a person from seeking and obtaining other criminal or civil remedies provided by law. (Sec. 10)
Database
96. Directs the SOS to maintain an electronic database of notaries public where a person may verify the authority of a notary public to perform notarial acts. (Sec. 10)
97. Authorizes the electronic database to indicate whether a notary public has notified the SOS that the person will be performing notarial acts on electronic records or for remotely located individuals. (Sec. 10)
Prohibited Acts
98. States that a commission as a notary public does not authorize a person to do any of the following:
a) Assist in drafting legal records, give legal advice or otherwise practice law;
b) Act as an immigration consultant or an expert on immigration matters;
c) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
d) Receive compensation for performing any other activities listed. (Sec. 10)
99. Prohibits a notary public from engaging in false or deceptive advertising. (Sec. 10)
100. Includes that a notary public, aside from an attorney licensed to practice law in this state, cannot use the term 'notario' or 'notario publico'. (Sec. 10)
101. Mandates that a notary public, other than an attorney licensed to practice law in this state, cannot advertise or represent that the notary public can assist people in drafting legal records, give legal advice or otherwise practice law. (Sec. 10)
102. Stipulates that if a notary public who is not a licensed attorney in this state advertises or represents that the notary public offers notarial services, whether orally or in a record, the notary public must include a statement stating the notary public is not an attorney and cannot draft legal records, give advice on legal matters including immigration or charge fees for those activities. (Sec. 10)
103. Provides that if the form of advertisement or representation is not broadcast media, print media or the internet and does not allow inclusion of the statement required because of size, it must be prominently displayed or provided at the place of performance of the notarial act before the notarial act is performed. (Sec. 10)
104. Prohibits a notary public, unless otherwise allowed by law, from withholding access to or possession of an original record given by a person seeking performance of a notarial act by a notary public. (Sec. 10)
105. Directs the SOS to impose a civil penalty of at most $1,000 and permanently revoke the commission of a notary public if the notary public, aside from a licensed attorney of this state, performs a prohibited act or performs the unauthorized practice of immigration and nationality law. (Sec. 10)
106. Adds that a notary public is guilty of a class 6 felony for a violation of the provisions relating to advertisement or representation and the SOS must revoke the commission of the notary public permanently. (Sec. 10)
Validity of Notarial Acts
107. Maintains that unless otherwise provided, the failure of a notarial officer to perform a duty or meet a requirement does not invalidate a notarial act performed by the officer. (Sec. 10)
108. Stipulates that the validity of a notarial act does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on the laws of this state or the United States. (Sec. 10)
109. Adds that this Act does not validate a purported notarial act performed by a person who does not have the authority to perform notarial acts. (Sec. 10)
Rules
110. Asserts that the SOS may adopt rules to implement the provisions of this Act. (Sec. 10)
111. Requires the SOS to adopt rules regarding the performance of notarial acts with respect to electronic records by July 1, 2022. (Sec. 10)
112. Stipulates that the rules adopted for performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. (Sec. 10)
113. States that the rules may do the following:
a) Prescribe the manner of performing notarial acts regarding tangible and electronic records;
b) Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;
c) Include provisions to ensure integrity in the creation, transmittal, storage or authentication of electronic records or signatures;
d) Prescribe the process of granting, renewing, conditioning, denying, suspending or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public;
e) Include provisions to prevent fraud or mistake in the performance of notarial acts;
f) Establish the process for approving and accepting surety bonds and other forms of assurance; and
g) Provide for the administration of the examination and the course of study. (Sec. 10)
114. Mandates that the SOS must consider, so far as is consistent with this Act, the following in adopting, amending or repealing rules about notarial acts with respect to electronic records;
a) Most recent standards regarding electronic records made known by national bodies, such as the National Association of Secretaries of State;
b) Standards, practices and customs of other jurisdictions that substantially enact this article; and
c) The views of governmental officials and entities and other interested people. (Sec. 10)
Notary Public Commission in Effect
115. Establishes that a commission as a notary public in effect on the effective date of this Act continues until its expiration date. (Sec. 10)
116. Requires a notary public performing notarial acts or renewing a commission as a notary public after the effective date of this Act to comply with this Act. (Sec. 10)
117. Maintains that an authorization issued by the SOS to perform electronic notarization or remote online notarizations in effect on the effective date of this Act continues until its expiration date. (Sec. 10)
118. Stipulates that a notary public who notifies the SOS that the notary public will be performing notarial acts with respect to electronic records or with respect to remotely located individuals on or after the effective date of this article is subject to and shall comply with this Act. (Sec. 10)
Relation to Electronic Signatures in Global and National Commerce Act
119. Asserts that this Act modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act but does not modify, limit or supersede 15 United States Code Section 7001(c) or authorize electronic delivery of any of the notices described in 15 United States Code Section 7003(b). (Sec. 10)
Miscellaneous
120. Stipulates that a deed, conveyance or instrument affecting real property where any failure to perform a duty or meet a requirement in the taking of the acknowledgment and that has been recorded by the county recorder will be considered duly acknowledged upon the date of its recording.
a) Removes the time period requirement for the recording of such documents. (Sec. 5, 6)
121. Repeals statute relating to the uniform recognition of acknowledgments act. (Sec. 7)
122. Requires a notary public to keep a paper journal to chronicle all notarial acts performed regarding tangible records. (Sec. 14)
123. Instructs a notary public to keep either a paper journal or one or more electronic journals to chronicle all notarial acts performed regarding electronic records. (Sec. 14)
124. Requires a paper journal entry to include the signature of each individual for whom a notarial act is performed. (Sec. 14)
125. Provides that if a notary public has personal knowledge of the identity of a signer, the notary public must retain a paper or electronic copy of the notarized documents for each notarial act in lieu of making a journal entry or the notary must make a journal entry pursuant to statutorily prescribed requirements. (Sec. 14)
126. Makes a notarial act performed in violation of statute related to competency of bank and corporation notaries voidable. (Sec. 15)
127. Stipulates that statute related to the signing of referendum and initiative petitions is not governed by statute related to electronic transactions in trade and commerce. (Sec. 23)
128. Modifies and repeals several current definitions. (Sec. 1, 2, 9)
129. Adds definitions for pertinent terms. (Sec. 9, 10)
130. Makes technical and conforming changes. (Sec. 1-6, 8, 9, 11-24)
131. Contains an effective date of July 1, 2022. (Sec. 25)
132. Contains a Proposition 105 clause. (Sec. 26)
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SB 1115
Initials SJ Page 0 Government & Elections
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