Ariz. Admin. Code § 2-12-1308

Current through Register Vol. 30, No. 16, April 19, 2024

Section R2-12-1308 - Record Retention and Depositories

A. A notary public must retain the electronic journal required and any audio-visual recording of the performance of each remote online notarial act in a computer or other electronic storage device that protects the journal and recording against unauthorized access by password or cryptographic process. The recording must be created in an industry-standard, audiovisual file format and must not include images of any electronic record that was the subject of the remote online notarization.

B. An electronic journal must be retained for at least five years after the last remote online notarial act chronicled in the journal. An audio-visual recording must be retained for at least five years after the recording is made.

C. A notary public must take reasonable steps to ensure that a backup of the electronic journal and audio-visual recording exists and is secure from unauthorized use.

D. On the death or adjudication of incompetency of a current or former notary public, the notary public's personal representative or guardian or any other person knowingly in possession of an electronic journal or audio-visual recording must:

1. Comply with the retention requirements of this section;

2. Transmit the journal and recording to one or more depositories under subsection (E); or

3. Transmit the journal and recording in an industry-standard readable data storage device to the Secretary of State at: Secretary of State, Attn: Notary Department, 1700 W. Washington Street, Floor 7, Phoenix, AZ 85007-2808.

E. A notary public, guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public may, by written contract, engage a third person to act as a depository to provide the storage required by this section. A third person under contract under this section shall be deemed a depository. The contract must:

1. Enable the notary public, guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public to comply with the retention requirements of this section even if the contract is terminated; or

2. Provide that the information will be transferred to the notary public, guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public if the contract is terminated.

Ariz. Admin. Code § R2-12-1308

Adopted by final rulemaking at 26 A.A.R. 537, effective 3/19/2020. Amended by final rulemaking at 28 A.A.R. 719, effective 3/24/2022.