Arkansas Enacts Provisions Regarding Electronic Notary Public Act
The state of Arkansas has recently enacted House Bill 1479, which creates the Arkansas Electronic Notary Public Act. These provisions will become effective on August 18, 2017.
The bill begins with the issue of eligibility. It explains that in order to become certified as an “electronic notary public,” one must first be appointed and commissioned as a traditional notary public by the Secretary of State. In addition, the traditional notary public must remain in good standing.
The bill then discusses the application process, explaining that before performing any electronic notarial acts, a notary public must register his or her ability to perform electronic notarial acts with the Secretary of State. The application process includes five elements: an application stating intent to become an electronic notary public, proof that the notary has never committed a felony, a $20 filing fee, a training course, and, finally, an examination that the notary public must pass.
Next the bill explains the term of an electronic notary public’s commission, as well as the renewal process. It states that the term of the electronic notary public’s commission will begin on the date that the exam is passed, and will continue until the expiration of the surety bond for the traditional notary public commission. The bill also requires that every two years, an electronic notary public must complete an approved refresher training course and must send evidence of the completed the course to the Secretary of State.
When performing an electronic notarial act, the notary is required by the bill to complete an “electronic notarial certificate” including the same information that is currently required for paper-based notarizations. The notary is also required to attach an electronic signature and tamper-evident seal that is unique, capable of independent verification, and attached to the document in a tamper-evident way. In addition, an electronic notary public may only perform an electronic notarial act if the document signer appears before him or her in person at the time of the electronic notarial act.
Finally, an electronic notary public may collect reasonable fees that he or she may establish, if the fees are disclosed and agreed upon prior to the actual electronic notarial act.
Zachary Pearlstein, JD, is a Regulatory Compliance Director with CLA's Mortgage Advisory Division. He joined CLA on January 1, 2014, as part of its acquisition of Bankers Advisory, Inc. Zachary oversees Mortgage Advisory's regulatory compliance team, which focuses on federal and state compliance, fair lending, and the Home Mortgage Disclosure Act (HMDA). He is a graduate of Brandeis University and earned his juris doctor at Suffolk University Law School. He is admitted to the Massachusetts Bar.
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