Arkansas Amends Provisions Regarding Notarial Acts
by: Matthew Dailey
The Arkansas Secretary of State amended its provisions regarding notarial acts in the state. Under a 2013 Bill, Reg. 116.00.13 introduces the implementing of a system allowing for the electronic notarization of documents by a notary specifically commissioned to electronically notarize documents in the State of Arkansas. These provisions became effective on November 15, 2013.
Any notary public in good standing may apply for commission as an electronic notary public. The notary public has to complete an Electronic Notary Application form, submit a $20 application fee, and complete a training class along with passing an exam approved by the Secretary of State. Electronic notaries have to complete a refresher training course every two years of their commission
An electronic notary is commissioned for a term of ten years. A notary already commissioned on the effective date of these rules receives a commission that expires on the same date as the traditional commission if the notary applies. The notary may submit an application for renewal no more than thirty calendar days before the expiration of the notary’s electronic commission.
After an applicant has been commissioned as an electronic notary, the applicant must establish a key pair for the individual electronic notary. The key pair must be used for creating and verifying a digital signature that has a unique property so that the public key can verify the digital signature that the private key creates. The signer’s public key will be capable of verification by the person receiving the electronic transmission.
When the electronic notary public creates his or her key pair, they will enter the Secretary of State’s Office’s public key as a trusted certificate. As each electronic notary’s public key is created, it shall be uploaded into the Secretary of State’s e-notary key verification system.
When the electronic notary public creates his or her electronic key pair, in the “Notes” or “Comments” section of the key creation window, the notary shall enter the following information:
1) The notary’s name, exactly as it appears in the traditional notary public commission;
2) The name of the county where the notary public’s bond is filed;
3) The phrase “Arkansas Electronic Notary Public”;
4) The date upon which the notary public’s electronic commission expires; and
5) The notary public’s commission number issued by the Secretary of State’s Office.
The electronic notary will be issued a device on which to save his or her private key. The device issued by the Secretary of State must remain in the electronic notary’s exclusive control. If an electronic notary public resigns, or his or her commission is revoked, the electronic notary shall return the device bearing the electronic private key to the Secretary of State’s Office.
It is important to note that physical presence is required for all electronic notary acts.
A document can be signed and electronically notarized in one of three ways:
1) If the signer has an electronic signature and wishes to use that signature on a document, the notary may electronically notarize the electronic signature.
2) The signer may physically sign the document, which the notary may then scan into a computer and electronically notarize, or
3) The signer may enter a handwritten signature on equipment designed to capture a signature, and the notary may electronically notarize the electronically-captured signature.
A document that contains an electronic signature has to contain a computer-based certificate that identifies the issuing entity and the subscriber, the subscriber’s public key and digital signature of the issuing entity. The electronic notary of a digitally signed document must be listed in the certificate, accept the certificate, and lawfully hold the private key that corresponds to the public key that is listed on the certificate.
When the electronic notary public sends the electronically notarized document to its intended recipient, the electronic notary shall include a link to the Secretary of State’s e-notary key verification system.
The rules about changes in the notary’s information or denial of a notary public for traditional notaries remain the same.
About the Author
Matthew Daily, J.D. is Regulatory Compliance Consultant at Bankers Advisory, Inc. He is a graduate of Stonehill College and earned his Juris Doctor at the New England School of Law. He is admitted to the Massachusetts Bar. Matthew can be reached at matthew@bankersadvisory.com
Anna DeSimone founded Bankers Advisory in 1986 and is a nationally recognized authority in residential mortgage lending. She has received numerous industry awards and has authored more than 40 best practices guides and hundreds of articles.
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