§ 21-14-301. Title
This subchapter shall be known and may be cited as the “Arkansas Electronic Notary Public Act”.
§ 21-14-302. Definitions
As used in this subchapter: (1) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (2) “Electronic document” means information that is created, generated, sent, communicated, received, or stored by electronic means; (3) (A) “Electronic notarial act” means an official act by a notary public performed with respect to […]
§ 21-14-303. Appointment and commission
A notary public who is appointed and commissioned by the Secretary of State as a traditional notary public and who is in good standing with the Secretary of State is eligible to become an electronic notary public.
§ 21-14-304. Registration and application
(a) (1) (A) The Secretary of State shall require a notary public to register the capability to notarize electronically before performing an electronic notarial act. (B) The Secretary of State shall promulgate rules to enforce the requirement under subdivision (a)(1)(A) of this section. (2) A person who seeks to become an electronic notary public shall […]
§ 21-14-305. Term and renewal
(a) The commission date of the electronic notary public shall begin on the date the person passes the examination under § 21-14-304. (b) The term of the electronic notary public shall not extend past the expiration date of the surety bond for the traditional notary public commission. (c) An electronic notary public shall every two […]
§ 21-14-306. Form and manner of performing electronic notarial act
(a) An electronic notarial act shall be executed through an approved solution provider. (b) When performing an electronic notarial act, an electronic notary public shall: (1) Complete an electronic notarial certificate that shall include all information necessary in a paper-based notarization under § 21-14-107; and (2) (A) Attach his or her electronic signature and seal […]
§ 21-14-307. Physical proximity of signers of electronic documents required
(a) An electronic notary public shall not perform an electronic notarial act if the document signer does not appear in person before the electronic notary public at the time of the electronic notarial act. (b) (1) The methods for identifying a document signer for an electronic notarial act shall be the same as the methods […]
§ 21-14-308. Fees
(a) An electronic notary public may charge and collect fees that are: (1) Reasonably established by the electronic notary public; and (2) Disclosed and agreed upon by the client and principal before the electronic notarial act occurs. (b) (1) An electronic notary public who knowingly charges, demands, or receives a fee not authorized by law […]