(a) An electronic notary public may perform an online notarial act through a solution provider by means of communication technology under this subchapter if: (1) The online notary public is physically located within this state but regardless of whether or not the principal is a remotely located individual at the time of the online notarial act;(2) The online notary public: (A) Is able to verify the principal's identity according to subsection (b) of this section;(B) Is able to reasonably confirm that a record before the notary public is the same record on which the principal made a statement or on which the principal executed a signature; and(C) Creates an audiovisual recording of the performance of the online notarial act or designates an individual to do this on behalf of the online notary public;(3) For a remotely located individual located outside the United States, an online notary public confirms that the record: (A) Is to 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(B) Involves property located in the territorial jurisdiction of the United States or involves icial or court, governmental entity, or other entity subject to the jurisdiction of the United States; or(B) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and(4) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located.(b)(1) In performing an online notarial act, a notary public shall verify the identity of a person creating an electronic signature at the time that the electronic signature is taken by using communication technology that meets the requirements of this subchapter.(2) Identity may be verified by: (A) A notary public's personal knowledge of the person creating the electronic signature;(B) Satisfactory evidence of the identity of the principal from a credible witness; or(C) Each of the following: (i) Remote presentation by the person creating the electronic signature of a government-issued identification credential, including without limitation a passport or a state-issued driver's license, that contains the signature and a photograph of the person;(ii) Credential analysis; ment-issued identification credential, including without limitation a passport or a state-issued driver's license, that contains the signature and a photograph of the person;(ii) Credential analysis; and(iii) Identity proofing.(c) A notary public shall take reasonable steps to ensure that the communication technology used in an online notarial act is secure from unauthorized interception.(d) The electronic notarial certificate for an online notarial act shall include a notation that the notarization is an online notarization.Added by Act 2021, No. 1047,§ 7, eff. 4/29/2021.
Arkansas Legal Code