Arkansas Code of 1987 (2023) › Title 21 - PUBLIC OFFICERS AND EMPLOYEES (§§ 21-1-101 — 21-15-113) › Chapter 14 - NOTARIES PUBLIC (§§ 21-14-101 — 21-14-314) › Subchapter 3 - THE ELECTRONIC NOTARY PUBLIC ACT (§§ 21-14-301 — 21-14-314) › Section 21-14-302 - Definitions

As used in this subchapter:
(1)
"Communication technology" means an electronic device or process that:
(A)
Allows an online notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
(B)
If applicable, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment;
(2)
"Credential analysis" means a process or service operating according to criteria approved by the Secretary of State through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources;
(3)
"Credible witness" means an individual appearing before an online notary public by means of communication technology who identifies the principal and:
(A)
Is personally known to the online notary public; or
(B)
Can be identified by the online notary public on the basis of remote presentation by the individual of a government-issued identification credential, including without limitation a passport or state-issued driver's license, that contains the signature and a photograph of the individual;
(4)
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(5)
"Electronic document" means information that is created, generated, sent, communicated, received, or stored by electronic means;
(6)
(A)
"Electronic notarial act" means an official act by a notary public performed with respect to an electronic document and using electronic means authorized by the Secretary of State.
(B)
"Electronic notarial act" includes:
(i)
Taking an acknowledgment;
(ii)
Administering an oath or affirmation;
(iii)
Taking a verification on oath or affirmation;
(iv)
Witnessing or attesting a signature;
(v)
Certifying or attesting a copy; and
(vi)
Noting a protest of a negotiable instrument;
(7)
"Electronic notarial certificate" means the portion of a notarized electronic document that:
(A)
Is completed by the notary public;
(B)
Bears the following of the notary public:
(i)
Signature or official electronic seal;
(ii)
Official title;
(iii)
Commission number;
(iv)
Commission expiration date; and
(v)
All required information regarding the date and place of the electronic notarial act; and
(C)
States the facts attested to or certified by the notary public in an electronic notarization;
(8)
"Electronic notary public" means a notary public who has registered with the Secretary of State and possesses the capability of performing electronic notarial acts and online notarial acts;
(9)
"Electronic notary seal" or "official electronic seal" means information within a notarized document that includes:
(A)
The following information about the notary public:
(i)
Name;
(ii)
Jurisdiction of appointment;
(iii)
Commission number; and
(iv)
Commission expiration date; and
(B)
Information that generally corresponds to dates in notary public seals utilized on paper documents under §
21-14-107
;
(10)
"Electronic signature" means an electronic sound, symbol, or process attached to an electronic document and executed or adopted by a person with the intent to sign the electronic document;
(11)
"Foreign state" means a jurisdiction other than the United States, a state, or a federally recognized Indian tribe;
(12)
"Identity proofing" means a process or service operating according to criteria approved by the Secretary of State through which a third person affirms the identity of an individual through review of personal information from public and proprietary data sources;
(13)
"Non-repudiation" means the inability of the signer of an electronic document to deny his or her electronic signature without a factual basis;
(14)
"Notary public electronic signature" means the forms of electronic signatures that have been approved by the Secretary of State as an acceptable means for an electronic notary to affix his or her official signature to an electronic record that is being notarized;
(15)
(A)
"Online notarial act" means a notarial act performed by means of communication technology.
(B)
"Online notarial act" includes:
(i)
Taking an acknowledgment;
(ii)
Administering an oath or affirmation;
(iii)
Taking a verification on oath or affirmation;
(iv)
Witnessing or attesting a signature; and
(v)
Certifying or attesting a copy;
(16)
"Online notary public" means an electronic notary public who has been authorized by the Secretary of State to perform online notarial acts;
(17)
"Outside the United States" means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory, insular possession, or other location subject to the jurisdiction of the United States;
(18)
"Physical proximity" means the principal and the notary public are physically close enough to see, hear, communicate, and give identification credentials to each other without reliance on an electronic device such as a telephone, computer, video camera, or facsimile machine;
(19)
"Principal" means an individual:
(A)
Whose electronic signature is notarized through an online notarization; or
(B)
Taking an oath or affirmation from the online notary public but not in the capacity of a witness for the online notarization;
(20)
"Registration" or "register" means a separate commission to perform electronic notarial acts under the laws of this state;
(21)
"Remote presentation" means a transmission to the online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to:
(A)
Identify the individual seeking the online notary public's services; and
(B)
Perform credential analysis;
(22)
"Remotely located individual" means an individual who is not within physical proximity to a notary public;
(23)
"Solution provider" means a business entity that has submitted an application, meets standards, and has been approved by the Secretary of State to offer electronic notarial acts or online notarial acts or solutions to duly commissioned electronic notaries public;
(24)
"Tamper-evident" means any changes to an electronic document that display evidence of the change;
(25)
"Traditional notary public" means a person commissioned by the Secretary of State to perform notarial acts under this chapter; and
(26)
"Unique to the electronic notary public" or "under the sole control" means the device or system the notary uses to sign and seal the document that is accessible only by the notary, attributed to the notary, and not any other person or entity.
Amended by Act 2021, No. 1047,§ 4, eff. 4/29/2021.
Amended by Act 2021, No. 1047,§ 3, eff. 4/29/2021.
Amended by Act 2021, No. 1047,§ 2, eff. 4/29/2021.
Added by Act 2017, No. 306,§ 1, eff. 8/1/2017.