Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 SENATE BILL 14
4
5 By: Senator D. Sullivan
6 By: Representative Gonzales
7
8 For An Act To Be Entitled
9 AN ACT TO REGULATE THE WITNESSING OF CERTAIN
10 DOCUMENTS BY A NOTARY PUBLIC UNDER CERTAIN
11 CIRCUMSTANCES; TO DECLARE AN EMERGENCY; AND FOR OTHER
12 PURPOSES.
13
14
15 Subtitle
16 TO REGULATE THE WITNESSING OF CERTAIN
17 DOCUMENTS BY A NOTARY PUBLIC UNDER
18 CERTAIN CIRCUMSTANCES; AND TO DECLARE AN
19 EMERGENCY.
20
21
22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
24 SECTION 1. Arkansas Code 21-14-107(f)(2), concerning the signature
25 and seal of a notary public, is amended to read as follows:
26 (2)(A) A Except as provided in subdivision (f)(2)(B) of this
27 section, a notarial certificate is incomplete if:
28 (A)(i) The information within the notarial
29 certificate is known or believed by the notary public to be false;
30 (B)(ii) A notary public affixes an official
31 signature or seal on a the notarial certificate that is incomplete under
32 subsection (a) or subsection (b) of this section;
33 (C)(iii) An official signature or seal on a the
34 notarial certificate is known to be executed at a time when the principal or
35 signer was not present; or
36 (D)(iv) A The signed or sealed notarial certificate
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1 is executed with the understanding that the notarial certificate will be
2 completed or attached to a document outside of the presence of the notary
3 public.
4 (B)(i) If the Governor declares a disaster emergency under
5 the Arkansas Emergency Services Act of 1973, 12-75-101 et seq.:
6 (a) A notarial certificate is complete if an
7 official signature or seal on the notarial certificate is executed at a time
8 when the principal or signer is not present in person but is otherwise
9 present remotely through real-time audio and visual means; and
10 (b) A signed or sealed notarial certificate is
11 allowed to be executed with the understanding that the notarial certificate
12 will be completed or attached to a document outside of the physical presence
13 of the notary public if the notary public is present via real-time audio and
14 visual means.
15 (ii) The procedures described under subdivision
16 (f)(2)(B)(i) of this section expire thirty (30) days after the emergency
17 declaration unless:
18 (a) The Governor finds that the threat or
19 danger has passed and terminates the state of emergency by executive order or
20 proclamation under the Arkansas Emergency Services Act of 1973, 12-75-101
21 et seq., before the expiration of the thirty-day period following the
22 adoption of the rules; or
23 (b) An extension of the thirty-day period is
24 approved by passage of:
25 (1) A concurrent resolution of the
26 General Assembly, if the General Assembly is in regular, fiscal, or
27 extraordinary session; or
28 (2) A resolution of the Legislative
29 Council, if the General Assembly is not in regular, fiscal, or extraordinary
30 session.
31 (iii) As used in this subdivision (f)(2)(B):
32 (a) "Notary public" means a notary public who
33 is:
34 (1) An attorney licensed by the State of
35 Arkansas;
36 (2) A title agent licensed by the State
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1 of Arkansas;
2 (3) Supervised by an attorney or a title
3 agent licensed by the State of Arkansas; or
4 (4) Employed by a financial institution
5 registered or insured with the State Bank Department, the State Securities
6 Department, or the National Credit Union Administration;
7 (b)(1) "Real-time audio and visual means"
8 means technology by which all parties can see and hear the other parties
9 simultaneously.
10 (2) "Real-time audio and visual means"
11 includes without limitation videoconference technology; and
12 (c) "Videoconference technology" means Skype,
13 Zoom, FaceTime, and other similar technologies.
14
15 SECTION 2. Arkansas Code Title 21, Chapter 14, Subchapter 1, is
16 amended to add an additional section to read as follows:
17 21-14-115. Notary public Public emergency exceptions.
18 (a) As used in this section:
19 (1) "Notary public" means a notary public who is:
20 (A) An attorney licensed by the State of Arkansas;
21 (B) A title agent licensed by the State of Arkansas;
22 (C) Supervised by either an attorney or a title agent
23 licensed by the State of Arkansas; or
24 (D) Employed by a financial institution registered or
25 insured with the State Bank Department, the State Securities Department, or
26 the National Credit Union Administration;
27 (2)(A) "Real-time audio and visual means" means technology by
28 which all parties can see and hear the other parties simultaneously.
29 (B) "Real-time audio and visual means" includes without
30 limitation videoconference technology; and
31 (3) "Videoconference technology" means Skype, Zoom, FaceTime,
32 and other similar technologies.
33 (b)(1) If the Governor declares a disaster emergency under the
34 Arkansas Emergency Services Act of 1973, 12-75-101 et seq.:
35 (A) A notary public may notarize signatures, including
36 acknowledgments and jurats, virtually through real-time audio and visual
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1 means, provided that the notary public and the signer are both physically
2 located in the State of Arkansas at the time of signing and the signing of
3 documents is visually seen by the person that confirms it;
4 (B)(i) An individual who witnesses or signs a document
5 through real-time audio and visual means may be considered either in the
6 presence of or as an in-person witness if the presence and identity of the
7 witnesses are validated at the time of signing by a notary public.
8 (ii) The identity and physical presence of witnesses
9 and signers in this state shall be validated at the time of execution of the
10 documents to be witnessed; and
11 (C)(i) If two (2) or more individuals sign a document
12 simultaneously in different locations, the individuals shall necessarily sign
13 separate signature pages, and all documents executed under this section shall
14 be executed in counterparts.
15 (ii) Absent an express prohibition in a document
16 against signing in counterparts, all legal documents, including without
17 limitation deeds, last wills and testaments, durable powers of attorney, and
18 healthcare proxies, may be signed in counterparts.
19 (2) The procedures described under subdivision (b)(1) of this
20 section expire thirty (30) days after the emergency declaration unless:
21 (A) The Governor finds that the threat or danger has
22 passed and terminates the state of emergency by executive order or
23 proclamation under the Arkansas Emergency Services Act of 1973, 12-75-101
24 et seq., before the expiration of the thirty-day period following the
25 adoption of the rules; or
26 (B) An extension of the thirty-day period is approved by
27 passage of:
28 (i) A concurrent resolution of the General Assembly,
29 if the General Assembly is in regular, fiscal, or extraordinary session; or
30 (ii) A resolution of the Legislative Council, if the
31 General Assembly is not in regular, fiscal, or extraordinary session.
32
33 SECTION 3. Arkansas Code 21-14-202 is amended to read as follows:
34 21-14-202. Use of facsimile signatures and seals authorized Filing
35 required Public emergency exceptions.
36 (a) Any Except as provided in subsection (b) of this section, a notary
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1 public may affix a notary certificate bearing the notary public's facsimile
2 signature and facsimile seal in lieu of the notary public's manual signature
3 and rubber or embossed seal in blue or black ink on a commercial document,
4 after filing with the Secretary of State:
5 (1) The notary public's manual signature certified by the notary
6 public under oath;
7 (2) A general description of the types of commercial documents
8 to be notarized by facsimile signature and seal;
9 (3) The name and manual signature of any other person or persons
10 signing the commercial documents by manual or facsimile signature; and
11 (4) The written consent of any other person or persons signing
12 the commercial documents to the use of the notary public's facsimile
13 signature and facsimile seal on the commercial documents.
14 (b)(1) If the Governor declares a disaster emergency under the
15 Arkansas Emergency Services Act of 1973, 12-75-101 et seq., a notary public
16 does not have to file with the Secretary of State his or her signatures,
17 general descriptions of potential commercial documents to be notarized via
18 facsimile signature, the names of persons signing documents via facsimile
19 signature, or the written consent of such persons if the notary public
20 determines the commercial documents would be best notarized via facsimile
21 signature.
22 (2) The procedures described under subdivision (b)(1) of this
23 section expire thirty (30) days after the emergency declaration unless:
24 (A) The Governor finds that the threat or danger has
25 passed and terminates the state of emergency by executive order or
26 proclamation under the Arkansas Emergency Services Act of 1973, 12-75-101
27 et seq., before the expiration of the thirty-day period following the
28 adoption of the rules; or
29 (B) An extension of the thirty-day period is approved by
30 passage of:
31 (i) A concurrent resolution of the General Assembly,
32 if the General Assembly is in regular, fiscal, or extraordinary session; or
33 (ii) A resolution of the Legislative Council, if the
34 General Assembly is not in regular, fiscal, or extraordinary session.
35 (3) As used in this subsection, "notary public" means a notary
36 public who is:
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1 (A) An attorney licensed by the State of Arkansas;
2 (B) A title agent licensed by the State of Arkansas;
3 (C) Supervised by either an attorney or a title agent
4 licensed by the State of Arkansas; or
5 (D) Employed by a financial institution registered or
6 insured with the State Bank Department, the State Securities Department, or
7 the National Credit Union Administration.
8
9 SECTION 4. Arkansas Code 21-14-306, concerning the form and manner
10 of performing an electronic notarial act, is amended to add an additional
11 subsection to read as follows:
12 (f)(1) If the Governor declares a disaster emergency under the
13 Arkansas Emergency Services Act of 1973, 12-75-101 et seq., an electronic
14 notary public is not required if the notary public has sufficient physical
15 proximity to allow for the use of and reliance on an electronic device,
16 including without limitation a telephone, computer, video camera, or
17 facsimile machine, and otherwise registers with a separate commission to
18 perform electronic notarial acts under the laws of this state.
19 (2) The procedures described under subdivision (f)(1) of this
20 section expire thirty (30) days after the emergency declaration unless:
21 (A) The Governor finds that the threat or danger has
22 passed and terminates the state of emergency by executive order or
23 proclamation under the Arkansas Emergency Services Act of 1973, 12-75-101
24 et seq., before the expiration of the thirty-day period following the
25 adoption of the rules; or
26 (B) An extension of the thirty-day period is approved by
27 passage of:
28 (i) A concurrent resolution of the General Assembly,
29 if the General Assembly is in regular, fiscal, or extraordinary session; or
30 (ii) A resolution of the Legislative Council, if the
31 General Assembly is not in regular, fiscal, or extraordinary session.
32 (3) As used in this subsection, "notary public" means a notary
33 public who is:
34 (A) An attorney licensed by the State of Arkansas;
35 (B) A title agent licensed by the State of Arkansas;
36 (C) Supervised by either an attorney or a title agent
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1 licensed by the State of Arkansas; or
2 (D) Employed by a financial institution registered or
3 insured with the State Bank Department, the State Securities Department, or
4 the National Credit Union Administration.
5
6 SECTION 5. Arkansas Code 21-14-307 is amended to read as follows:
7 21-14-307. Physical proximity of signers of electronic documents
8 required Public emergency exceptions.
9 (a) An Except as provided in subsection (c) of this section, an
10 electronic notary public shall not perform an electronic notarial act if the
11 document signer does not appear in person before the electronic notary public
12 at the time of the electronic notarial act.
13 (b)(1) The methods for identifying a document signer for an electronic
14 notarial act shall be the same as the methods required for a paper-based
15 notarization under this chapter.
16 (2) The electronic notary public shall not under any
17 circumstances base identification merely upon familiarity with the electronic
18 signature of the signer or an electronic verification process that
19 authenticates the electronic signature of the signer when the signer is not
20 in the physical presence of the electronic notary public.
21 (c)(1) If the Governor declares a disaster emergency under the
22 Arkansas Emergency Services Act of 1973, 12-75-101 et seq., an electronic
23 notary public is not required if the notary public has sufficient physical
24 proximity to allow an electronic notary public to perform and witness
25 electronic notarial acts when the document signer or witness does not appear
26 in person before the electronic notary public at the time of the electronic
27 notarial act, but is otherwise present via real-time audio and visual means.
28 (2) The procedures described under subdivision (c)(1) of this
29 section expire thirty (30) days after the emergency declaration unless:
30 (A) The Governor finds that the threat or danger has
31 passed and terminates the state of emergency by executive order or
32 proclamation under the Arkansas Emergency Services Act of 1973, 12-75-101
33 et seq., before the expiration of the thirty-day period following the
34 adoption of the rules; or
35 (B) An extension of the thirty-day period is approved by
36 passage of:
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1 (i) A concurrent resolution of the General Assembly,
2 if the General Assembly is in regular, fiscal, or extraordinary session; or
3 (ii) A resolution of the Legislative Coun