Definitions

R2-12-1201. Definitions The following definitions shall apply to this Article unless context otherwise requires: 1. “Apostille” means a certificate that authenticates the seals and signatures of officials on public documents issued by public authorities for use in foreign countries that are members of the 1961 Hague Convention Treaty. 2. “Certificate Authority” means an entity that issues digital certificates for use in performing electronic notarizations. 3. “Commission” means the same as defined in A.R.S. § 41- 251(2). 4. “Electronic” means the same as defined in A.R.S. § 41- 251(3). 5. “Electronic notarization” or “electronic notarial act” means a notarial act performed with respect to an electronic record in accordance with this Article while the signer is in the physical presence of the notary public. 6. “Electronic notary public” means a notary public authorized to perform electronic notarial acts. 7. “Electronic record” means information that is created, generated, sent, communicated, received or stored by electronic means. 8. “Electronic seal” means an electronic image that contains information attached to or logically associated with an electronic record and that contains the words “notary pub- public”, the name of the county in which the notary Supp. Administrative Code 2 A.A.C. 12 THE SECRETARY OF STATE Charge per notarial act Public may vary from “no charge” up to $10. Charge the Following Fees: § 38-412 per notary public signature per page certified per notarial act Note 137, effective March 5, 2018 (Supp. 18-1). lic is commissioned, the notary public’s name as it appears on the notarial commission, the commission number and the expiration date of the notarial commission. 9. “Electronic signature” means the same as defined A.R.S. § 41-251(4). 10. “Non-repudiation” means the signer of an electronic document shall not deny their electronic signature without factual basis. 11. “Notarial act” means the same as defined in A.R.S. § 41- 251(6). 12. “Notary public” or “notary” means the same as defined in A.R.S. § 41-251(8). 13. “Person” means the same as defined in A.R.S. § 41- 251(10). 14. “Qualified Certificate Authority” means a trusted entity that issues digital certificates in compliance with the requirements of R2-12-1204. 15. “Tamper-evident technology” means a set of applications, programs, hardware, software, or other technologies designed to enable a notary public to perform notarial acts with respect to electronic records and to display evidence of any changes made to an electronic record. Historical Note New Section made by final rulemaking at 9 A.A.R. 2085, effective August 1, 2003 (Supp. 03-2). Section R2-12- 1201 renumbered to R2-12-1202; new Section R2-12- 1201 made by final rulemaking at 26 A.A.R. 106, with an immediate effective date of December 30, 2019 (Supp. 19-4). Amended by final rulemaking at 28 A.A.R. 719 (April 8, 2022), effective March 24, 2022 (Supp. 22-1).