Notary Public Reference Manual

              ARIZONA
NO TA RY PUBLIC
REFERENCE MAN UAL
A PUBLICATION OF THE ARIZONA SECRETA RY OF STATE’S OFFICE
TABLE OF CONTENTS
Preface
....................................................................................................................................................
3
Contact Us
.............................................................................................................................................
3
Chapter 1. Applying to Become a Notary Public
.............................................................................
4
Chapter 2. Definitions
..........................................................................................................................
7
Chapter 3. Getting Down to Basics
.................................................................................................
12
Chapter 4. Notary Bond
.....................................................................................................................
14
Chapter 5. Satisfactory Evidence of Identity
..................................................................................
15
Chapter 6. How to Perform Your Notarial Duties
........................................................................
17
Chapter 7. Your Notary Journal
........................................................................................................
22
Chapter 8. Your Notary Seal
.............................................................................................................
26
Chapter 9. Fees
...................................................................................................................................
27
Chapter 10. Violations of the Law
....................................................................................................
28
Chapter 11. Apostilles and Certificates of Authentification
.........................................................
30
Chapter 12. Training Information
....................................................................................................
31
Chapter 13. Miscellaneous Provisions
..............................................................................................
32
Chapter 14. Laws Pertaining to Notaries Public
............................................................................
33
APPLICATIONS, FORMS AND CONTACT INFORMATION
Notary Public Application Instructions
...........................................................................................
47
Clerks of County Superior Courts – Contact Information
...........................................................
48
Application Form
...............................................................................................................................
49
Name/Address Change Form
...........................................................................................................
51
Index
.....................................................................................................................................................
53
Secretary of State Jan Brewer 2 Notary Public Reference Manual
PREFACE
The Arizona notary law was amended in 1996, 1997, 1999, 2000, and 2004. The 1996 amendments comprised the firstmajor revisions of the notary law in Arizona in more than 50 years. Rules, effective August 25, 2004, are included in this manual.
This manual contains:
�
A question and answer section
�
Notary laws
�
Rules
�
Instructions for completing a notary application form
�
An application form
�
Name/Address form
�
And an Index
CONTACT US
Mailing address for all correspondence or filings:
The Honorable Janice K. Brewer, Secretary of State 1700 W. Washington Street, 7th Floor Phoenix, AZ 85007-2888 Attention: Notary Section
Telephone & Fax:
(602) 542-4758 Fax: (602) 542-4366
Web site: www.azsos.gov e-mail: notary@azsos.gov
Visit our Customer Service Center:
14 N. 18th Ave. in Phoenix Across the street from the Executive Tower at the State Capitol
Our southern Arizona office is located in the Executive Offices in Tucson:
400 W. Congress, Ste. 252, Tucson, Arizona Contact our southern Arizona office at (520) 628-6583; fax (520) 628-6938
The Office of the Secretary of State is an equal opportunity employer.
Persons requiring alternate formats must contact the Secretary of State’s ADA Coordinator at (602) 542-4285 or TDD (602) 255-8683.
Notary Public Reference Manual 3 Jan Brewer, Secretary of State
CHAPTER 1. APPLYING TO BECOME A NOTARY PUBLIC
101. What is a Notary Public?
An Arizona Notary Public is a public officer commissioned by the Secretary of State to perform notarial acts. A Notary is an impartial witness. (A.R.S. §§ 38-294, 41-313(9), and 41-328(B))
102. Can anybody become a Notary Public? What are the requirements for becoming an Arizona Notary Public?
To become an Arizona Notary Public, you must meet the following requirements:
�
You must be an Arizona resident;
�
You must not have had an Arizona notary commission revoked within four years of your application;
�
You must be at least 18 years old; and
�
You must not have been convicted of a felony unless your civil rights have been restored.
If you meet these requirements, you may be eligible to become an Arizona Notary Public. When you sign your applicationform, you are attesting that you meet these requirements. If we find that you do not meet these requirements, we may refuseto issue you a Notary commission or we may revoke your Notary commission. Additionally, misstating information on anotary application may result in a denial or revocation of your commission. (A.R.S. § 41-330(A)(1))
103. You say I have to be an Arizona resident. Does that mean I have to be a citizen?
No. You can be an Arizona Notary Public if you are not a U.S. citizen but you must be an Arizona resident for taxpurposes. That means you must claim your Arizona residence as your primary residence on state and federal tax forms.(Attorney General Opinion 78-119)
104. How do I know if I’m considered an Arizona resident?
In the context of your Notary Public commission, you are considered an Arizona resident if your primary residence ordomicile is in Arizona. A person can have only one primary residence at any time. The following would indicate that Arizonais your primary residence:
�
If you live within the borders of Arizona and claim your Arizona residence as your primary residence for tax purposes (that is, you declare it on your state and federal tax returns as your primary residence); or
�
If you are currently registered to vote in Arizona.
The fact that you are out of this state for a temporary or transitory purpose would not defeat or nullify your Arizonaresidency. On the other hand, if you are in Arizona for a temporary or transitory purpose, Arizona would not be your primary residence. (A.R.S. § 41-312(E)(2))
105. What if I have two primary residences because I spend six months in Arizona and six months at my other residence?
You must claim one residence as your primary residence for tax purposes. It is that residence that will determine whetheryou qualify to be an Arizona notary public.
106. What do I need to do to become an Arizona Notary Public?
READ THIS MANUAL; fill out the application form and mail the application to the Secretary of State’s Office at the address on the form.
Make sure you enclose a check or money order for $25 made payable to SECRETARY OF STATE. You must alsopurchase a $5,000 notary bond (see the Chapter on bonds for more information) and send it to the Clerk of the SuperiorCourt in your county of residence along with a check or money order for $18 made payable to the CLERK OF THESUPERIOR COURT. You can speed up the process if you also send a copy of your bond to the Secretary of State’s Office atthe time you send us your application form. (A.R.S. §§ 41-126(A)(2), 41-312(B), 41-315, and 12-284)
107. Where do I get an application form to become an Arizona Notary Public?
You can find an application form in the back of this booklet. It is printed on perforated paper so that you can easily tearit out from the booklet. You can also request an application by calling the Secretary of State’s Office or you can complete an application form online at www.azsos.gov.
108. Okay. I’ve got an application form. Now what do I do?
PLEASE TYPE OR LEGIBLY PRINT all information so that it can be read. If any portion of your application form cannot BE read, it will be returned to you. This will delay your Notary commission.
In the box near the top of the page, check the appropriate blank for a new appointment or a reappointment. If you arecurrently commissioned you would mark “reappointment” and list the name (first, middle, last) under which you are currentlycommissioned. If you do not presently hold a notary commission but have been commissioned in the past you would alsomark “reappointment” and list the name (first, middle, last) under which you received your last commission. If you have never been commissioned as an Arizona notary you would mark “New Appointment.”
PERSONAL AND BUSINESS INFORMATION:
List the name under which you want to be commissioned. Place your last name first, followed by your first name and your middle name or initial. You do not necessarily have to be commissioned under your legal first or middle name or both; you may use initials or a nickname. However, you MUST list your legal surname (last name).
It is important that you ALWAYS be consistent with your name. Your name should be the same on the printed portion of the notary application and on the signature portion of the application, as well as on the notary bond. Additionally, the
Secretary of State Jan Brewer 4 Notary Public Reference Manual
name on your notary seal and your signature on every notarization you perform should also be identical.
On the line for your mailing address, list your address, a post office box number, mail drop, or other address. List also the city, the zip code, and the county in which the mailing address is located.
Your home address MUST be the physical location of your residence. You MAY NOT list a P.O. Box number or a mail drop or other address that is not your residence’s physical address. Make sure you list the name of the city, the zip code, and the Arizona county in which you reside. (Note: This is for your COUNTY of residence, NOT COUNTRY of residence. Please do not enter “U.S.”) If you live in a rural area without street addresses, you must describe the location of your residence. Your residence’s physical location is required because this will help prove you are an Arizona resident.
Please list your social security number as it is required for your application to be processed. A social security number is confidential and is only used for internal verification purposes such as when two or more notaries have the same name. The last four digits of your social security number is the minimum acceptable number of digits.
List your home telephone number, including the area code, even if the number is unlisted. This information is confidential and will not be released.
List your gender.
List the name of your employer’s business or if self employed your business name.
List your business address, city, and zip code.
List your business telephone.
You MUST give us your business address. If you operate your notary services from your home, then you must list your home address as your business address. If you leave the business name, address, and phone number blank, a Notary shall not perform the jurat and, if the application received in our office is missing this information, we will return it to you.
QUESTIONS SECTION:
Answer the questions by placing an X in the appropriate box.
AT THE BOTTOM OF THE FORM: Statement titled “OFFICE OF THE SECRETARY OF STATE.”
Make sure that you print your name in the blank identical to how you completed it in the Personal and Business information section above. Additionally, sign the application form after carefully reading the statement titled “OFFICE OF THE SECRETARY OF STATE.” Your signature means that you are certifying that all information on the form is correct,that you meet the requirements for being an Arizona Notary Public, and that YOU HAVE READ AND UNDERSTAND and swear to uphold the laws pertaining to Notaries Public. Your signature means that you have basically read this NotaryReference Manual and understand the duties and responsibilities of a notary. Furthermore, if you sign this application formknowing that some or all of the information is false, you may be convicted of perjury and your notary commission could berevoked.
Finally, send the completed application to the Secretary of State’s Office along with a check, made payable toSECRETARY OF STATE, in the amount of $25. It is recommended that you include a copy of your bond with yourapplication form so that the dates can be matched.
PLEASE NOTE: There should be no blanks present on your application form. If a response box does not apply to youplease mark “N/A” or “None”. Blanks on your application form result in questions regarding the non response and delays processing. If the Secretary of State’s Office receives your application and it contains BLANKS, the Office likely will RETURN the application to you without issuing you a commission. Additionally, remember to always list a business address.Leaving the business address portion of the application blank will result in the return of the application to you for completion.
IMPORTANT. PLEASE NOTE. THE SECRETARY OF STATE’S NOTARY STAFF IS NOT AUTHORIZED TO FILL OUT A NOTARY APPLICATION ON BEHALF OF A CUSTOMER. IF AN APPLICATION IS INCOMPLETE IT WILL BE SENT BACK TO THE APPLICANT FOR COMPLETION. NOTARY STAFF WILL NOT COMPLETE AN INCOMPLETE APPLICATION BY PHONE OR OTHERWISE FOR A CUSTOMER. THE NOTARY APPLICATION IS A LEGAL DOCUMENT THAT MUST BE COMPLETED BY THE APPLICANT ONLY.
109. Is all the information on my application form public information? Can it be given to someone other thanmyself upon request?
Only your name and your business address are public information. All other information on your application form isconfidential. Only the notary, the notary’s representative, or a law enforcement officer acting in an official capacity can viewyour application. (A.R.S. § 41-312(F))
110. If I live just across the border in another state but still have an Arizona address can I be an Arizona notary?
You cannot be an Arizona Notary Public because you do not live within the borders of Arizona.
111. Some states allow nonresidents to become notaries if they live outside the borders of the state but work in that state. Does Arizona allow this?
No. You must be an Arizona resident in order to be an Arizona notary public.
112. If I was convicted of a felony but have had my civil rights restored, may I become an Arizona Notary Public?
Possibly. You need to send a copy of the court papers restoring your civil rights and documentation regarding the nature of your conviction and/or offense, along with your application to the Secretary of State’s Office. Even if your civil rights have
Notary Public Reference Manual 5 Jan Brewer, Secretary of State
been restored, we may deny you a Notary commission if your felony conviction has a reasonable relationship to the functions of the office of a Notary Public.
113. How long does it take to become a Notary Public?
From the time you mail your application until you receive your commission certificate in the mail, the entire process cantake up to 4-6 weeks. Please keep in mind that the Secretary of State’s office and the 15 County Clerks of the Superior Court are all involved in the process. Each office has processes that must be followed according to Arizona law and must coordinate activities with each other to ensure accuracy.
114. Does it take as long to renew my Notary commission as it does to get a first- time Notary commission?
Yes. The timeframe for renewing a commission and obtaining a commission for the first time are exactly the same.Therefore, it is imperative that you give yourself enough time before your commission expires to submit a reappointment application.
115. How much does it cost to become an Arizona Notary Public?
�
You must pay a $25 application processing/filing fee to the Secretary of State’s Office and an $18 bond filing fee tothe Clerk of the Superior Court in your county of residence. (A.R.S. § 41-126(2) and 12-284)
�
You must also buy a $5000 bond, covering the four years of your commission. The cost of the bond varies. You may buy the bond from an insurance or bonding company. This bond protects the public if the notary notarizes a document incorrectly or illegally. (A.R.S. §§ 41-312(B) and 41-315 and A.A.C. R2-12-1103)
�
You may also wish to buy Errors and Omissions Insurance (commonly referred to as “E & O Insurance”) through your insurance or bonding company. This insurance protects the notary if the notary inadvertently makes an error or leaves something off when notarizing a document. This insurance is not required and its cost may vary.
�
You must also purchase a Notary seal and a Notary journal in which to record your notarial acts. (A.R.S. §§ 41-321 and 41-319)
�
If you failed to notify us about a change in your mailing address or about a lost or stolen journal or seal within thetime limits specified in A.R.S. § 41-323, you must also pay the $25 civil penalty per offense before we will renew your commission. (A.R.S. § 41-323)
116. After I’ve sent the Secretary of State’s Office and the Superior Court Clerk in my county the appropriate fees and then I decide I don’t want to be a Notary after all, can I get a refund?
No. No refund is available from the Secretary of State’s Office. Once an application has been processed, it is considered processed and filed. Therefore, the processing/filing fee has been used. The only exception to this occurs when a duplicate application and application fee is submitted for the same Notary commission term. In this instance, a refund will be processed for the duplicate application (but not the first one). However, please note that the refund process takes several weeks.
Please contact the County Clerk of the Superior Court in your county for information on their refund policy.
117. I am in the military. Can I become an Arizona Notary Public?
If you are a commissioned officer in the armed forces of the United States, you are federally commissioned to performnotarial functions for other members of the armed forces and their dependents. The Arizona Attorney General specified this in Opinion I97-011. People in the military other than commissioned officers wishing to become Arizona Notaries Public must meet the qualifications for Arizona Notaries Public and must apply just as if they were not in the military.
118. How long is my notary commission?
An Arizona Notary Public commission is a four-year term. This means that a commission beginning on June 1, 1999, will expire at midnight on May 31, 2003. (A.R.S. § 41-312(A))
119. How do I renew my commission?
The procedure for renewing your Notary commission is the same as if a notary is applying for the first time. You should submit your renewal application along with the $25 filing fee to the Secretary of State’s office approximately 60 days prior to the expiration of your commission. Additionally, you must buy a new notary bond that you must send to the Clerk of the Superior Court in your county of residence along with the appropriate bond filing fee. Please note: recently passed legislation (A.R.S. § 41-330 (D)) states “if a person has had a notary commission in this state revoked, the Secretary of State may refuse to appoint the person as a notary public for four years from the date of the revocation.”
120. If I forget to renew my commission in a timely manner, can I get the renewal expedited so that I don’t miss time serving as a notary?
To expedite a service the process of providing that service must, by implication, be controlled by one entity. Because the notary application procedure is processed by two separate government agencies, there is no way for a commission application to be expedited.
Secretary of State Jan Brewer 6 Notary Public Reference Manual
CHAPTER 2. DEFINITIONS
201. “Acknowledgment”
An acknowledgment is a notarial act in which a Notary certifies that a signer, whose identity is personally known to theNotary or is proven by satisfactory evidence, voluntarily signs a document for its stated purpose. The signer is not required to sign the document in the notary’s presence for an acknowledgment; the signer may pre-sign the document or may choose to sign it in your presence. Because you are attesting to the genuineness of the signature, you may not perform an acknowledgment that will be signed at a later time. Even if a document has been pre-signed, the document signer must be in the Notary’s presence at the time the Notary performs the notarization. (A.R.S. § 41-311(1))
202. “Commission” and “Commission certificate”
A commission certificate is the certificate issued by the Secretary of State’s Office to a Notary. The commission certificateis an individual’s proof that he or she has been commissioned as a Notary Public. (A.R.S. § 41-311(2)) The commissioncertificate shows the Notary’s name as it appears on the application form, the notary’s commission number, the issuance date,and the expiration date of the commission, as well as the Secretary of State’s name and signature.
203. “Copy certification”
Copy certification is a notarial act in which the Notary certifies that the Notary made a photocopy of an original documentthat is neither a public record nor publicly recordable. (A.R.S. § 41-311(3))
204. “Credible person”
A credible person is a person who personally knows the signer and who either also personally knows the Notary or whopresents satisfactory evidence of identity to the Notary. A “credible person” is also known as a “credible witness.” (A.R.S. § 41-311(b)(c))
205. “Financial or beneficial interest in the transaction”
You have financial interest in the transaction if you will gain (or lose) something of value in the transaction. You havebeneficial interest in the transaction if the document will benefit you in some way. Family members are usually considered to have either a financial or beneficial interest in a transaction even if they are not specifically named in the document.
206. “Impartial witness”
An impartial witness must have no conflict of interest. This means that, as the Notary, you cannot be a “party to thetransaction” or a “party to the instrument” and you cannot have any financial or beneficial interest in the transaction, nomatter how small. (A.R.S. § 41-328(B))
207. “Incomplete document”
An incomplete document is a document that has not been signed where a signature line is provided or where otherobvious blanks appear in the document, or that lacks a notarial certificate. (A.R.S. § 41-311(5))
208. “Jurat”
A jurat is a notarial act in which the Notary certifies that a signer, whose identity is personally known or is proven bysatisfactory evidence, has made in the Notary’s presence a voluntary signature and has taken an oath or affirmation vouchingfor the truthfulness of the signed document. Some states refer to this as an affidavit. Anytime the words “sworn to beforeme”, “subscribed and sworn to before be”, or similar words appear in notarial language in the notarial certificate, you must perform a jurat. Because a signer is swearing/affirming that the information is true, there can be no blank spaces on adocument. (A.R.S. § 41-311(6))
209. “Notarial Acts”
There are four notarial acts that a notary can perform in Arizona:
�
Acknowledgments,
�
Jurats,
�
Copy Certifications, and
�
Oaths or Affirmations.
(A.R.S. §§ 41-311(7) and 41-313(A))
210. “Notarial certificate”
A notarial certificate is the part of, or attachment to, a notarized document for completion by the Notary that bears thenotary’s signature and seal, and states the facts that are attested to by the Notary in a particular notarization. (A.R.S. § 41-311(8)) The state and county where the notarization takes place is known as the “venue” and is also considered part of the notarial certificate.
211. “Notary Public”
A Notary Public is a public officer, commissioned by the Secretary of State to perform notarial acts. A Notary isauthorized by state government to administer oaths and to attest to the authenticity of signatures. A Notary serves as animpartial witness. (A.R.S. §§ 41-311(9), 41-312, 41-328, and 38-294)
212. “Oath” or “Affirmation”
An oath or an affirmation is a notarial act or part of a notarial act in which a person made a vow in the presence of theNotary under penalty of perjury, with reference to a supreme being in the case of an oath. (A.R.S. § 41-311(10))
213. “Party to the instrument”
An instrument is the document, a signature on which you are notarizing. A party to the instrument is someone who is
Notary Public Reference Manual 7 Jan Brewer, Secretary of State
_______________________________
mentioned in the document either by name or by job title or classification or who would have some kind of beneficial or financial interest in the document. If you are a party to the instrument, then you have an interest in the transaction and are nolonger an impartial witness; therefore you could not notarize a signature.
214. “Party to the transaction”
“Party to the instrument” means the same as “Party to the transaction”.
215. “Personal knowledge of the signer by the Notary”
Personal knowledge of the signer by the Notary means that the Notary has familiarity with an individual resulting frominteractions with that person over a sufficient time to eliminate reasonable doubt that the individual has the identity claimed.
216. “Satisfactory evidence of identity”
Satisfactory evidence of identity means:
� At least one current form of identification issued by the United States government, or a state, or tribal government containing the following:
-The individual’s photograph,
-The individual’s signature, and
-The individual’s written physical description that includes height, weight, color of hair, and color of eyes.
�
Personal knowledge of the signer by the notary;
�
The oath or affirmation of a credible person who is personally known to the notary and who personally knows thesigner; or
�
The oath or affirmation of a credible person who personally knows the individual and who provides satisfactory evidence of identity (A.R.S. § 41-311(11))
�
For the purposes of a real estate conveyance or financing, a valid unexpired passport that is issued by the UnitedStates government or any other national government. A passport issued by a national government other than the United States government must be accompanied by a valid visa or other documentation issued by the United States governmentnecessary to establish an individual's legal presence in the United States.
217.What is the difference between a “Jurat” and an “acknowledgment”?
With an acknowledgment, the Notary may or may not watch the person voluntarily make the signature after the signer’sidentity is proven to the Notary by means of satisfactory evidence. Keep in mind that the signer must appear before you at the time you complete the acknowledgment.
With a jurat, the signer must also appear before you, AND you must place the signer under oath or affirmation before thesigner signs the document. Only for jurats must the signer sign the document in the Notary’s presence. Additionally, a juratmust not contain blanks.
SAMPLES OF NOTARIAL CERTIFICATES ACKNOWLEDGMENTS, JURATS, OATHS, AND AFFIRMATIONS 218. Acknowledgments
1. Acknowledgment where the Notary personally knows the document signer.
Formal wording:
State of Arizona )
)
County of ______________ )
On this ______ day of ____________________, 20____, before me personally appeared
__________________________________(name of signer), whom I know personally, and
acknowledged that he/she executed the same.
(seal) Notary Public
Informal wording:
State of Arizona )
)
County of ______________ )
On _________(date)___________, __________________________________(name of signer),
personally appeared before me, whom I know personally to be the person who signed the
above/attached document and he/she proved he/she signed it.
Secretary of State Jan Brewer 8 Notary Public Reference Manual
______
(seal) ____________________________________
Notary Public
2. Acknowledgment where a credible person proves the document signer’s identity whom the notary knows personally or whose identity was proved to the notary on the basis of satisfactory evidence of identity:
State of Arizona )
)
County of ______________ )
On this ______ day of ____________________, 20____, before me personally appeared
__________________________________(name of signer), whose identity was proved to me on the
oath of _____________________________(Name of credible person), a credible person by me duly
sworn, and acknowledged that the signer signed the above/ attached document.
(seal) _______________________________
Notary Public
3. Acknowledgment where the document signer’s identity is proven by satisfactory evidence:
State of Arizona )
)
County of ______________ )
On this ______ day of ____________________, 20____, before me personally appeared
__________________________________(name of signer), whose identity was proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed to this document, and
who acknowledged that he/she signed the above/attached document.
(seal) ____________________________________
Notary Public
219. Jurat
State of Arizona
)
)
County of ______________
)
Subscribed
and
sworn
(or
affirmed)
before
me
this
day
of
_______________________________, 20____.
(seal) ____________________________________
Notary Public
220. Copy Certification
State of Arizona )
)
County of ______________ )
I, ___________________________________, a notary public, do certify that, on the ______ day of ________________________, 20____, I personally made the above/attached copy of _________________________________ from the original, and it is a true, exact, complete, and unaltered copy.
Notary Public Reference Manual 9 Jan Brewer, Secretary of State
(seal) ____________________________________ Notary Public
SAMPLE OATHS
221. Sample Oaths
When administering an oath, you may either ask the person to repeat after you or ask the person to answer the question.You should always have the person raise his/her right hand before administering the oath or affirmation.
Sample Oaths
1. For a jurat where the signer is unknown to the notary (question to be answered):
“Do you swear or affirm that you are the person whose identification card(s) you presented to me and do you swear or affirm that the contents of this document are true and correct? If so, please state ‘I do swear’ or ‘I do affirm.’”
2. For a jurat where the signer is unknown to the notary (signer to repeat after you):
“I, _____________, swear or affirm that I am the person whose identification card(s) I presented to you and I swear or affirm that the contents of this document are true and correct.”
3. For a jurat where the notary personally knows the signer (question to be answered):
“Do you swear or affirm that the contents of this document are true and correct? If so, please state ‘I do swear’ or ‘I do affirm.’”
4. For a jurat where the notary personally knows the signer (signer to repeat after you):
“I, ________________, swear or affirm that the contents of this document are true and correct.”
5. For a credible person personally known to the notary when the notarial act is an acknowledgment (question to beanswered):
“Do you swear or affirm that the person appearing before me and who signed this document is the person he [or she] claims to be? If so, please state ‘I do swear’ or ‘I do affirm.’”
6. For a credible person personally known to the notary when the notarial act is an acknowledgment (credible person torepeat after you):
“I, _______________, swear or affirm that the person appearing before you and who signed this document is the person he [or she] claims to be.”
7. For a credible person personally known to the notary when the notarial act is a jurat (question to be answered):
“Do you swear or affirm that the person appearing before me and who signed this document in my presence is the person he [or she] claims to be? If so, please state ‘I do swear’ or ‘I do affirm.’”
8. For a credible person personally known to the notary when the notarial act is a jurat (credible person to repeat after you):
“I, __________________, swear or affirm that the person appearing before you and who signed this document in your presence is the person he [or she] claims to be.”
9. For a credible person not known to the notary when the notarial act is an acknowledgment (question to be answered):
“Do you swear or affirm that you are the person whose identification card(s) you presented to me and do you swear or affirm that the person appearing before me and who signed this document is the person he [or she] claims to be? If so, please state ‘I do swear’ or ‘I do affirm.’”
10. For a credible person not known to the notary when the notarial act is an acknowledgment (question to be answered):
“I, ________________, swear or affirm that I am the person whose identification card(s) I presented to you and I swear or affirm that the person appearing before you and who signed this document is the person he [or she] claims to be.”
11. For a credible person not known to the notary when the notarial act is a jurat (question to be answered):
“Do you swear or affirm that you are the person whose identification card(s) you presented to me and do you swear or affirm that the person appearing before me and who signed this document in my presence is the person he [or she] claims to be? If so, please state ‘I do swear’ or ‘I do affirm.’”
Secretary of State Jan Brewer 10 Notary Public Reference Manual
12. For a credible person not known to the notary when the notarial act is a jurat (credible person to repeat after you):
“I, __________________, swear or affirm that I am the person whose identification card(s) I presented to you and I swear or affirm that the person appearing before you and who signed this document in your presence is the person he [or she] claims to be.”
If you give someone an oath of office, the language for the oath is usually prescribed either by statute or by the board,commission, or other body to which the person has been appointed or elected.
Notary Public Reference Manual 11 Jan Brewer, Secretary of State
CHAPTER 3. GETTING DOWN TO BASICS
301. Why do documents need to be notarized?
Documents need to be notarized in order to prevent fraud, to prove the authenticity of the signature, and to prove thatthe signature was made willingly rather than under duress and where evidence of identification has been taken.
302. What does a notarization on a document prove?
A notarization proves that a Notary Public has taken all reasonable steps to verify a signer’s identity before notarizing thatperson’s signature. If a jurat is performed, the document signer also is required vouch for the truthfulness of the document.
303. Can I still notarize documents if I move out of the county in which I was commissioned?
Yes. Arizona notaries are commissioned in their county of residence at the time of commissioning. However, Arizona notaries may notarize throughout the entire state of Arizona. When you next renew your commission, you will becommissioned from your new county of residence. You would continue to use your seal even if the county is no longer correct because your bond is still filed at the Court Clerk’s office in that county. (A.R.S. § 41-312) Remember that if you relocate you must notify the Secretary of State’s office within 30 days or you will be assessed a $25 civil penalty.
304. What if I move out of state? Can I still notarize when I return to Arizona periodically?
A commission as an Arizona Notary is dependent on your status as an Arizona resident. If you move out of state, youwould no longer be an Arizona resident. Therefore you would automatically vacate your office. You are then required to send,by certified mail or other means providing a receipt, your notary records to the County Recorder in the county in which you were commissioned. Furthermore, you are required to destroy your seal and you must notify the Governor in writing that youare resigning your commission. (You should also notify the Secretary of State, the Clerk of the Superior Court where yournotary bond was filed, and your bonding company.) Even if you return to Arizona occasionally, once you move out of state,you no longer have your primary residence in Arizona and thus are not considered an Arizona resident. Therefore you could not perform notarial acts here.
305. Can I notarize anything before I receive my new certificate?
If you are a new Notary, you cannot perform any notarial acts until you have your seal. YOU MUST HAVE YOUR COMMISSION CERTIFICATE BEFORE YOU CAN ORDER YOUR SEAL. Therefore you cannot notarize anything until you receive your new certificate and notary seal. (A.R.S. § 41-321)
If you are renewing a commission, you may continue to notarize until midnight of the expiration date of your currentcommission. You would not be qualified to perform notarial acts under your new commission until you receive your certificatebecause you must have your certificate to order your new notary seal. (A.R.S. §§ 41-321)
Furthermore, you cannot notarize before receiving your seal because you are required by law to authenticate all officialacts with your seal. You cannot order your Notary seal until you have received your Notary commission certificate becausethe vendor making your seal must see and keep a copy of your commission certificate. (A.R.S. §§ 41- 321 and 41-313(B)(3))
306. Why am I required to have a commission certificate?
Your commission certificate is your proof that you are a Notary. The fact that you have a notary journal and a notary seal is not proof that you are a Notary. You do not have to post your commission certificate, but you must keep it handy in caseanyone ever asks you to prove that you are a Notary. (A.R.S. § 41-311(2))
307. When I receive my commission certificate, what do I do?
You will need to take a copy of your commission certificate to a stationery or office supply store or other vendor ofrubber stamps to order your Notary seal. Please note that some vendors require you to bring in your original certificate,preferring to make their own copy of it for their files. Some bonding agents and professional notary organizations may alsooffer, as a service to their customers, the opportunity to purchase your Notary seal through the agent.
If your bonding agent uses an out-of-state vendor of notary seals to obtain your notary seal, that vendor would still require a copy of your commission certificate before making your notary seal. By making Arizona notary seals, the vendor is bound by Arizona law and needs to receive, and keep on file for four years, a copy of your commission certificate before the vendorcould make the seal. (A.R.S. § 41-321)
See Chapter 8 for more information on your notary seal.
You must also purchase a notary journal. Please see Chapter 7 for more information about your notary journal.
308. So now I have my certificate, my seal, and my notary journal. Can I now notarize documents?
Yes. You are all set to perform notarial acts.
309. Can I sign my name any way I want to when notarizing a signature?
No. You must sign your name as you did on your notary application and notary bond. The names in your signature (first and last names and any initials) must match the signature on your notary bond and application. If you submitted a copy ofyour bond with your application, we would notify you about any discrepancy between names or signatures or both. If younotarize a signature using “John Q. Public” but your application and bond say “John Quincy Public,” we would not be able tocertify your notarization. When we certify your notarization, we must attest that you were duly commissioned as a notary when the notarization was performed and that the signature of the Notary on the document is indeed your signature. Thereforeusing a name that’s different from your application makes it impossible for us to attest to your signature. This could have a significant bearing if any document bearing a notarization you performed ends up in a court of law or must be sent to aforeign country. Additionally, because you performed an improper notarization your notary commission could be revoked.
Secretary of State Jan Brewer 12 Notary Public Reference Manual
310. How does a notary know when a signature must be notarized?
The document must contain a notarial certificate. (See examples in Chapter 2) If the document does not contain a notarialcertificate but the individual wants his/her signature notarized, you must ask the individual which type of notarization he/she wants. You can then type or neatly handwrite this information onto the document. The individual requesting the notarizationdetermines the type of notarial certificate.
311. Do I have to post my fees or my commission certificate?
You do not have to post your commission certificate, but you should keep it handy because it is your proof that you are anotary. However, A.R.S. § 38-412 requires notaries public to post a schedule of the fees they are allowed to charge in a conspicuous place.
312. My employer required me to be a notary. I am leaving that employment. My employer says that, because shepaid the costs for commissioning me as a notary, my commission certificate, journals, and seal belong to her. Is that correct?
No. It makes no difference who paid the fees for you to become a notary. The state of Arizona commissioned you to be anotary public. Your seal, your commission, and your journals that contain only public records remain your property. (A.R.S. § 41-312(C))
313. I want to perform notarizations on my own time after work hours. However, my employer says he won’t letme do that and said that, because he paid for my notary commission, I can only do notarizations during my work hours. Is this correct?
No. You can perform notarizations outside the workplace of your employer except during those times normallydesignated as your hours of duty for that employer. (A.R.S. § 41-312(C)(2))
314. I am a notary for my employer. I want to perform notarizations on my own time after work hours. However,my employer says that any money I receive for those notarizations belongs to him because he paid for mycommission. Is this correct?
No. As stated in #314 above, you can perform notarizations outside the workplace of your employer except during those times normally designated as your hours of duty for that employer. All fees you receive for notarial services while not on dutyremain your property. (A.R.S. § 41- 312(C)(2)) Please remember that the fees you charge and receive for notarial services onyour own time constitute earned income and must be reported on state and federal taxes.
315. My employer says that I can only perform notarizations for customers of the company. When a person walked in the office yesterday, my employer wouldn’t let me perform the notarization. Is this correct?
No. An employer of a notary may not limit the notary’s services to customers or other persons designated by that employer. (A.R.S. § 41- 312(C)(3))
316. My employer paid for me to be commissioned as a notary. I am leaving that employment. My employer says she is going to cancel my notary commission because she paid for it. Can she do that?
No. As a notary public, you continue to serve until your commission expires, you resign your commission, you die, or theSecretary of State revokes your commission. An employer may not cancel the notary bond or notary commission of any notary who is an employee and who leaves that employment. (A.R.S. § 41-312(D))
317. I work for the City of Tucson. Can the city pay for me to be commissioned as a notary public?
Yes. The state or any of its political subdivisions may pay the fees and costs for the commissioning of a notary who is anemployee of this state or any of its political subdivisions. The individual being commissioned must be required to perform notarial services in the course of the notary’s employment. (A.R.S. § 41-312(G))
318. My mother was a Notary for many years. When she died, her will specified that I receive her commissionand seal. Can I now notarize signatures?
No. Notary commissions are nontransferable. The commissions are only valid for the person named on the commission certificate.
Notary Public Reference Manual 13 Jan Brewer, Secretary of State
CHAPTER 4. NOTARY BOND
401. Do I have to buy a bond before I can become a notary?
Yes. State law requires you to buy a surety bond before you receive your commission as a notary public and the rules of the Secretary of State’s Office require the bond to be in the amount of $5,000. (A.R.S. §§ 41-312 and 41-315 and A.A.C. R2-12-1103) The bond must remain in effect for the four years of your commission. If your bond is cancelled by your bonding or insurance company before the end of your four-year commission, the Secretary of State will revoke your commission.
402. Where do I buy the bond? How much will it cost me?
You must buy a notary bond from a licensed surety. (A.R.S. § 41-315(A)) Bonds may be purchased from a notary bonding company, an insurance company, or through a national notary organizations. Because prices vary, you may want to check withseveral companies or organizations before actually buying your bond. Please note, as stated in #412, that the State of Arizonadoes not designate an “official” bonding company.
403. Do I buy the bond before or after I send my application form to the Secretary of State?
If it is the first time you are applying for a notary commission you should buy the bond after you submit the application. Approximately two weeks after you submit your application you can check our website (www.azsos.gov) for your assignedcommission dates. Once you have the dates for the term of your notary commission you can then purchase a bond thatcontains the bond dates that match your notary commission dates. You then send the bond to the Clerk of the Superior Court in your county of residence along with the bond filing fee.
However, if you are renewing a notary commission it is suggested that you purchase your notary bond before sendingyour application and then submit your notary application, your notary application filing fee, and a copy of your notary bond tothe Secretary of State’s Office. (A.R.S. §§ 41-312(B) and 41-315). You still need to send the bond itself to the Superior Courtin your county of residence along with the bond filing fee. Because you are renewing a notary commission you already knowthe dates of your next notary commission since your next commission term begins the date after your present term expires and ends four years from that date. For example, if your commission expires on May 31, 2005, your next commission begins onJune 1, 2005 and ends on May 31, 2009. Therefore you would purchase a notary bond consisting of bond dates beginning June 1, 2005 and ending May 31, 2009. On a renewal, buying the bond first and sending us a copy will facilitate the processing time.
404. How old can the bond be for the Clerk of the Court to accept it?
The bond cannot be issued more than 60 days before or 30 days after the beginning date of the commission for which the bond was purchased. If the Secretary of State’s Office discovers that your bond dates do not fall within that 90-day window, we will notify you so that you can get a rider on your bond. Remember that the issue date of a bond may not be the same asthe date the bond takes effect. The law states that the time limits apply to the date of issuance of a bond. (A.R.S. § 41-315(B))
405. What happens if you cannot use the dates on the bond?
If you send us a copy of your bond with your application we will attempt to contact you to let you know that the bonddates are incorrect. If we cannot reach you by telephone, we will send you a letter specifying that the dates on your bond are incorrect and that you need to get a rider for your bond with the correct dates (the letter will specify the dates) and file therider with the Clerk of the Superior Court. For your county Court Clerk’s procedure, contact the Clerk’s office directly.
406. What if I do not buy my bond before I send you my renewal application?
We will send your commission certificate showing the dates we used to the Clerk of the Superior Court in your county ofresidence. By law, the Clerk is to notify you that the Clerk’s office has received your certificate from the Secretary of State’sOffice. You then have 20 days to buy your bond and submit it to the Clerk’s Office along with the appropriate filing fee.
407. The bond I am required to buy protects me if I inadvertently do something wrong, doesn’t it?
No. The surety bond that you are required to buy before being commissioned as a notary protects the public for whomyou are performing the notarizations. If you wish to protect yourself, you may wish to purchase Errors and Omissions Insurance (also called E&O Insurance). E&O insurance will protect you in the event your mistake is inadvertent. Please note that, if you intentionally do something wrong when performing a notarization, nothing will protect you.
408. As a notary, am I considered to be a public official even though I am not elected? And if I am a publicofficial, do I take an oath of office?
Yes, a Notary Public is a public official. You must take an oath of office before being commissioned as a notary. (A.R.S. § 41-312)
409. Is the oath of office given verbally?
No. The oath of office appears on your notary bond. You will sign your name under the oath of office indicating that youwill abide by what it says. (A.R.S. § 38-233(B))
410. Can I sign my name any way I want on the bond or does my signature have to match something?Your signature on your notary bond MUST match the signature on your application form.
411. Does the State of Arizona designate an “official” bonding company?
No. The State of Arizona does not designate an “official” bonding company. However, one or more bonding companiesmay solicit your business and you might think, because of the wording of their material that they send to you, that a particular company has been designated as the “official” bonding company for Arizona. DO NOT be misled.
Secretary of State Jan Brewer 14 Notary Public Reference Manual
CHAPTER 5. SATISFACTORY EVIDENCE OF IDENTITY
501.What kinds of identification are satisfactory?
In Arizona, there are three ways that you can identify a signer. (A.R.S. § 41-311):
1. Personal Knowledge
You can use personal knowledge of the individual if you have known the individual for a sufficient length of time that you are assured that the individual has the identity claimed.
2. Valid Identification Card
�
You can use an identification card issued by the United States government or a state, or tribal government thatcontains the individual’s photo, signature, and written physical description. (A.R.S. § 41-311) The ID card must meet allthese requirements; you cannot use one ID card that has some of the requirements and another one that has the other requirements. The written physical description must contain, at a minimum, the individual’s height, weight, color of hair,and color of eyes. The identification card must be current.
�
For the purposes of a real estate conveyance or financing, a valid unexpired passport that is issued by the UnitedStates government or any other national government. A passport issued by a national government other than the UnitedStates government must be accompanied by a valid visa or other documentation issued by the United States government necessary to establish an individual's legal presence in the United States.
3. Credible person
�
If you do not know the signer and the signer doesn’t have an identification card as described above, you can use acredible person to identify the signer. The credible person must be someone whom you know and who knows the signer.You must place the credible person under oath and have him or her swear or affirm that the signer has the identityclaimed. The credible person must sign your journal and you must list in your journal the type of satisfactory evidence ofidentity used for the credible person, in this case personal knowledge. The signer must also sign your journal.
�
If you do not know the signer and the signer doesn’t have an identification card as described above, you can also use acredible person whom you don’t know to identify the signer. The credible person, in this instance, must present you withsatisfactory evidence of identity. You must place the credible person under oath and have him or her swear or affirm that the signer has the identity claimed. The credible person must sign your journal and you must list in your journal the typeof satisfactory evidence of identity used for the credible person, in this case an identification card. The signer must also sign your journal.
502. Is there somewhere I can learn more about detecting false IDs?
Some police departments and sheriff’s offices in Arizona offer classes. You should check with your local policedepartment or sheriff’s office to see if there is a class scheduled or whether you could arrange for an officer to come to yourplace of employment to offer this type of class.
503. If the document is pre-signed, how do I know the signer actually signed the document?
The signer must present you with satisfactory evidence of identity. If the signer is someone you know, presumably youwould recognize the person’s signature. If the signer is someone you do not know, that person must present an ID card thatcontains his/her signature. Even if the signer does not have an appropriate and acceptable ID card and uses a credible person, the signer still must sign your journal. You can then compare the signatures. If they look like they were signed by the sameperson, you can accept it and perform the acknowledgment. If they look different and you cannot be sure the same person made the signatures, you may have the signer sign the document again in your presence.
504. What is the best way to identify someone?
The best way to verify a signer’s identity is to know the person yourself (personal knowledge). An “eyewitness” report isusually the strongest form of identification. When you verify a person’s identity because of personal knowledge, you do notneed to use witnesses or identification cards.
505. If I need to notarize the signature of someone who does not have a picture identification card, what do I do?
Use a credible person to establish the identity of the person without appropriate photo identification, as explained in#501. If the person without appropriate picture identification is a minor, find out if the minor is authorized to sign thedocument. It’s also a good idea to have the signer print his/her name after the signer’s signature on the document. If there isno credible person and the person has no picture identification issued by the United States government or a state or tribal government, you must refuse the notarization. (A.R.S. § 41-311)
506. How can a credible person verify a signer’s identity?
A credible person must always know the signer. The notary must place the credible person under oath and the credibleperson must swear or affirm that the signer has the identity claimed. When using a credible person for identification purposes,both the signer and the credible person must sign your journal.
507. What is the procedure for accepting a credible person’s verification of the signer?
If you know the individual serving as the credible person and you know that individual to be truthful, then you haveestablished an unbroken chain of personal knowledge. That is, you know the credible person and the credible personpersonally knows the signer and attests to that knowledge under oath. In addition, both the credible person and the signermust be present when you perform the notarization. If the individual serving as the credible person is someone unknown toyou, then you must be willing to accept the identification card presented to you by that individual. Just as in the first instance,the credible person must know the signer personally; you must place the credible person under oath; and both the credibleperson and the signer must be present when you perform the notarization. In both instances, you must have both the signerand the credible person sign your journal.
Notary Public Reference Manual 15 Jan Brewer, Secretary of State
508. When I must check someone’s identification, what kind of identification should I ask for?
The identification you must ask for is current identification issued by the United States government or a state, or tribalgovernment. (A.R.S. § 41-311) It must include the individual’s photograph, signature and a physical description of theindividual. In addition, the physical description must be in writing and must include, at a minimum, height, weight, color orhair, and color of eyes. One card must have all requirements; you cannot use one card with two of the three requirements and one card with the third requirement. Some specific types of identification cards you could accept, provided they meet all ourstatutory requirements, are the following:
�
Driver’s license
�
Military ID
�
State-issued ID card
�
United States government or state agency ID card
�
Please note the exception for real estate conveyances addressed in #501(2).
509. Of the three ways of verifying a signer’s identity, which one is the least effective and why?
The least effective method of verifying a signer’s identity is by means of identification cards when you do not know theperson and there is no credible witness whom both you and the signer know. Phony identification cards are proliferating in today’s society. A Notary must take reasonable steps to examine the identification cards or papers when trying to verify aperson’s identity.
510. Is there anything I as a Notary should look for on identification cards? How can I know if an identification card or paper is legitimate?
You need to be alert to ways to check for falsified identification cards and other means of fraud:
� The identification cards the signer presents to you may be counterfeit if:
-The bearer presents two or more forms of identification which are unusually similar in appearance or style;
- The name of the agency issuing the card appears to be hand-typed or suspicious in any way;
- The card’s issue date and the wear and tear on the card are not consistent;
- Words are misspelled;
- Some of the textures or patterns don’t look right; or
- The person’s picture is the same on two or more different forms of identification.
�
Look at the physical description, which must specify the individual’s height, weight, color of hair, and color of eyes. Compare what is written to the physical characteristics of the person appearing before you.
�
A person may be an imposter if:
-Vital data is obscured or is unknown to the bearer;
- The person’s identification cards all appear to be new; or
-The person is unwilling to give his/her fingerprint as a mark. (A fingerprint is not required under Arizona law and youmay not refuse a notarization on this point alone.)
�
The document presented for identification may have been altered if:
-The typefaces on the same identification card vary and don’t match;
- The signature does not match the bearer’s signature on the document to be notarized;
�
Look at the photo and run your finger over the edge of it. If the photo is raised, a new photo may have been
laminated over the original one indicating a fraudulent ID.
-Smudges, erasure smears, or discolorations obscure information; or
- The identification is not normally laminated in plastic.
� Look for obvious erasures or liquid correction fluid marks. These would be indications that the ID may be fraudulent.
511. If I think the identification is not legitimate, can I refuse to perform the notarization?
Yes. If you think that the identification card is not legitimate, you have a responsibility to refuse to perform the notarization.
512. Is a credible witness the same as a credible person?
Yes. Some other states and jurisdictions use the term “credible witness”. In Arizona, the correct term is “credible person”.
Secretary of State Jan Brewer 16 Notary Public Reference Manual
CHAPTER 6. HOW TO PERFORM YOUR NOTARIAL DUTIES
601. As a Notary Public, what are my duties?
Your duties are specified in A.R.S. § 41-313. You can perform four different types of notarial acts when someone makes a reasonable request for you to do so. You are required to keep a journal of all your official acts. You are required to keep anotary seal imprinted with five specific things. And you are required to authenticate all your official acts with your official seal.Information about your journal and your seal appear in Chapters 7 and 8 respectively.
602. What are the four notarial acts?
The four notarial acts you can perform are acknowledgments, jurats, copy certifications, and oaths and affirmations. These terms are defined in Chapter 2. (A.R.S. § 41-313)
603. In some states, Notaries can perform marriages. Can I, as an Arizona Notary, perform marriages?
No. Notaries in Arizona are not allowed to perform marriage ceremonies.
604. How do I perform an acknowledgement?
For an acknowledgment, the signer must be in your presence and must present you with satisfactory evidence of identity.The signer could either bring in a document that he/she pre-signed or the signer could sign the document in your presence.The wording of the notarial certificate would be “Acknowledged before me...” Please refer to Chapter 2 for sampleacknowledgment wording to use if the document does not already contain a notarial certificate and the signer has requested an acknowledgment.
After you have verified the signer’s identity, have the signer sign the document, if it is not already signed, and your journaland, if you wish, print his/her name and address. (If the signer does not print his/her name and address, then you must do it.) Compare the signature against the signature on the document. If they look similar, complete the acknowledgment and read thenotarial certificate language. Once you have signed your name to the notarial certificate, you are attesting not only that thesignature of the signer is genuine but also that the notarial language is correct. Cross out any incorrect information, write the corrected information above it, and initial the changes. Then fill in all blanks in the notarial certificate. Sign your name. Affixyour seal. The seal generally is affixed to the left of your signature.
605. If the document is pre-signed, how do I know the signer actually signed the document?
The signer must present you satisfactory evidence of identity. If the signer is someone you know, presumably you wouldrecognize the person’s signature. If the signer is someone you do not know, that person must present an ID card that contains his/her signature. Even if the signer does not have an appropriate and acceptable ID card and uses a credible person, thesigner must still sign your journal. You can then compare the signatures. If they look similar, you can accept it and perform the acknowledgment. If they look different and you cannot be sure the same person made the signatures, you may have the signer sign the document again in your presence.
606. What kinds of identification are satisfactory?
Refer to Chapter 5 for information on satisfactory evidence of identity.
607. How do I perform a jurat?
First, look at the document. If there are any blanks in the document, you must either have the signer fill in the informationor use “n/a” as appropriate. You may not perform a jurat if the document has blanks. You must also be able to read enoughof the document to be able to describe the document in your journal. This means that, if the document is printed in a foreignlanguage, you must know enough of that foreign language to understand what type of a document it is.
Second, the signer must present you with satisfactory evidence of identity. If you must use a credible person, you musthave the credible person present you with satisfactory evidence of identity. Then you must place the credible person underoath and have him/her swear or affirm that the signer has the identity claimed.
Third, you must place the signer under oath and have the signer swear or affirm that the contents of the document are true and correct. Then the person can sign the document.
Fourth, you must have the signer sign your journal and print his/her name and address (unless you choose to print thesigner’s name and address yourself).
Fifth, if you use a credible person, the credible person must also sign your journal.
Sixth, you can fill out the notarial certificate, taking care to read it to ensure that the language is correct. Once you havesigned your name to the notarial certificate, you are attesting not only that the signature of the signer is genuine but that thenotarial language is correct. Cross out any incorrect information, write the corrected information above it, and initial thechanges. Then sign your name and affix your seal. The seal is usually placed to the left of your signature.
608. How do I perform a copy certification?
You must first determine whether the document presented to you for copy certification is an original document. If it isoriginal, then you must determine whether the document is a public record or is publicly recordable. If it is a public record or is publicly recordable, or if the document is not the original, you must refuse to perform the copy certification.
If the document is not a public record or publicly recordable, then you must physically make the photocopy. Examples ofdocuments that are publicly recordable are: marriage licenses, birth or death certificates, divorce papers, court records or realestate deeds. If you do not have access to a photocopy machine, you must refuse to perform the copy certification. You cannot make a copy certification of a certified copy.
Notary Public Reference Manual 17 Jan Brewer, Secretary of State
Make the photocopy and then write or type on the face of it the notarial language for a copy certification. Complete thenotarial certificate, sign your name, and affix your seal. (A.R. S. § 41-311(3))
609. How do I place someone under oath?
Have the person raise his/her right hand and, if the oath is being administered to the document signer, ask one of the oaths below, or an adaptation of one of these oaths.
You may place someone under oath or affirmation in two different ways, depending on whether the individual wishes to“swear” to the facts (oath) or “affirm” the facts (affirmation). The following are examples:
�
“Do you swear that you are the person whose identification was presented to me and do you swear that thestatements in this document are true and correct? If so, please state ‘I so swear’.” (Oath)
�
“Do you swear that the individual signing this document has the identity claimed? If so, please state ‘I so swear’.” (Oath of credible person)
�
“Do you affirm that you are the person whose identification was presented and do you affirm that the statements inthis document are true? If so, please state ‘I so affirm’.” (Affirmation)
�
“Do you affirm that you personally know the true identity of this individual? If so, please state ‘I so affirm’.”(Affirmation of credible person)
�
Note that, rather than figuring out ahead of time whether the person will swear or affirm, you can combine bothforms into one oath: “Do you swear or affirm that you are the person whose identification you presented to me and doyou swear or affirm that the statements in this document are true and correct? If so, please state ‘I so swear’ or ‘I so affirm’.”
610. What’s the difference between “swearing” and “affirming”?
For an oath, the person is swearing to a supreme being, for example God. If the individual does not believe in a supreme being or doesn’t want to swear to a supreme being, the person makes an affirmation.The person being placed under oath mustmake the decision about which type is appropriate. A violation of either an oath or an affirmation constitutes perjury.
611. Can I notarize documents anywhere in Arizona?
Yes. Although a Notary commission is issued to a Notary public and specifies the county in which the Notary resided atthe time the commission was issued, the Notary may perform notarizations throughout the state of Arizona.
612. On most documents, the notarial language has a space for the state and the county. What do I fill in here?
You would fill in the state as “Arizona”; the county is the Arizona county in which you are performing the notarization.This is known as the venue information.
Notaries in Arizona are commissioned in their counties of residence. However, they may perform notarizationsthroughout Arizona. Thus the county specified in the venue information may not be the same county specified on your notarial seal.
If you are commissioned in one county and move to another county, your seal is still good until next you renew yourcommission. For more information on notary seals, please refer to Chapter 8.
613. Can I notarize documents outside the state of Arizona? I am an Arizona Notary but I work across the stateline in Nevada.
You may only notarize documents within the state boundaries of Arizona. Even if an Arizona resident brings you anArizona document to notarize because you are an Arizona notary, if you are not standing or sitting within the borders ofArizona, you cannot perform the notarial act.
614. Am I required to notarize documents every time someone asks me?
You may not refuse service to somebody who makes a reasonable and lawful request for a notarization. Remember thatyou must treat all people fairly and equally. However, there may be times when you can legitimately refuse to perform a notarization. The following are examples of when you could refuse a notarization:
�
If you feel the signer is being coerced or forced into signing the document;
�
If the signer cannot produce satisfactory evidence of identity and a credible witness is not available.
�
If you feel that the signer is not in full control of his/her mental faculties and does not understand what he/she isdoing.
�
If you feel the ID card presented to you is fraudulent.
�
If the ID card presented to you is not current.
615. If I refuse a notarization, how can I be sure that the person I refused won’t try to sue me because I refusedthe notarization?
You can’t. However, in order to protect yourself, you may want to make a notation in your journal about the refusal andyour grounds for doing so. Other notaries have been protected by doing this. There is no guarantee that a journal entry wouldexonerate you but, if you don’t make a journal entry, you have no protection.
616. How do I know if the signature is being made willingly?
Engage the signer in conversation. You can ask the person some key questions. Watch for pressure being exerted byfamily members or others present to witness the notarization.
617. If I decide that the signer is being coerced into signing the document, what do I do?
Refuse to notarize the signature.
618. How can I help prevent fraud from happening after I have notarized a document?
Secretary of State Jan Brewer 18 Notary Public Reference Manual
The best way to prevent fraud from occurring after you have notarized a document is to watch for three things:
�
Blanks or gaps in the text. If you are performing a jurat, the document cannot be incomplete.
�
Unsigned signature lines or blocks; and
�
No notarial certificate on the document or an attached document.
619. What can I do when someone presents a document to me for notarization and I notice several blank lines inthe document?
If the notarial language indicates the notarization is a jurat, you MUST refuse to perform the jurat on an incompletedocument. You might have the signer fill in the blanks or write “N/A” before you perform the jurat. In the case of anacknowledgment, you could notarize a document containing blanks, but it’s still not a good idea. Blanks in a documentindicate that the document has the possibility of being altered after you notarize the signer’s signature. (A.R.S. § 41-328(A))
620. Can I notarize a signature that was placed on the document before it was brought to me for notarization?
Yes and no, depending on the type of notarial act.
For an acknowledgment, the document could be signed before it was brought to you for notarization. The signer mustappear before you at the time you perform the notarization and provide satisfactory evidence of identity. You must check thesignatures on the form of identity (if you do not personally know the person), in your journal, and on the document to try to determine if the same person made the signatures. (A.R.S. § 41- 311)
For a jurat, the person must appear before the notary and be placed under oath before signing the document, and the signer must sign the document in the notary’s presence.
621. Can a Notary perform a notarization on a document and also serve as a witness to the signing of that document?
No.
622. Can I notarize my own signature?
No. (A.R.S. § 41-328(B))
623. Can I notarize for a family member?
Arizona law states that you cannot notarize for anyone related to you by marriage or adoption. The law also states that a notary is an impartial witness. (A.R.S. § 41-328(B)) While the provision specifying that you cannot notarize for anyone related to you by marriage or adoption allows you to notarize for your brother or sister but not your brother-in-law or sister-in-law, many courts have found that a sibling relationship implies some financial or beneficial interest in transactions involving otherfamily members thereby negating an argument for impartiality. Just because the law allows you to notarize for blood relatives, it is not a recomended action. (A.R.S. § 41-328(B))
624. If I am asked to certify a document for someone, can I do so?
No. As an Arizona Notary, you acknowledge the signatures on documents but you cannot certify the validity of the document or any of its contents.
625. Can I certify a photocopy of an original document?
You may certify that a photocopy is a true and correct copy of the original only if you personally make the photocopyfrom the original document. You may not perform a copy certification on any document that is a public record or that ispublicly recordable. (A.R.S. § 41-311)
626. What kinds of documents are public records or are publicly recordable?
Some of these types of documents include:
�
Birth certificates
�
Death certificates
�
Divorce papers
�
Marriage licenses
�
Court records
�
Real estate deeds
627. Why perform a copy certification; what does it prove?
A copy certification proves that the Notary made a photocopy from the original document and thus the copy is a true and correct copy. Sometimes the party requesting the certified copy does not need the original but want to ensure that what is sentis a true and correct copy of the original.
628. Can I prepare a document for someone and then notarize it?
It is not a recommended practice. First of all, unless you are an attorney or a certified document preparer (CDP), you should not prepare documents yourself. Even if you are an attorney or a CDP, notarizing a document you prepared casts doubt on the impartiality of the notarization. The State Bar of Arizona certifies document preparers and may be contacted at 602-364-1308 for more information regarding training to be certified.
629. What is an attestation and do I have to use it?
Every time you perform a notarial act, you are attesting that the person appeared before you and that the person signedthe document. The description of what you witnessed is commonly known as an attestation or a notarial certificate and must appear on every document you notarize.
630. Can I notarize a thumb print or an “X” mark?
Yes. A “signature” or “subscription” includes any kind of mark when a person cannot write, providing that the person’s
Notary Public Reference Manual 19 Jan Brewer, Secretary of State
name is written near the mark and the mark is witnessed by a person who writes his or her own name as witness.
If a person who cannot write is either known to the Notary or can provide sufficient evidence of his identity to the Notary, the Notary can then write the person’s name near his or her mark.
Otherwise an additional witness who knows the person who cannot write would be needed to identify the person makingthe mark and the Notary would notarize both the making of the mark and the writing of that person’s name by the identifying witness.
631. Can I use a rubber stamp for my signature when I perform an acknowledgment, a jurat, or a copy certification?
No. The law says you must sign the notarial certificate, unless you have a physical handicap that would prevent you fromsigning your name. In this instance, the rubber stamp signature would have to be the one that appeared on the notary application and on the notary bond. (A.R.S. § 41-313 (B))
632. Can I use a separate sheet of paper on which I place the notarial certificate, my signature, and my seal andsimply attach it to the document?
It is best to keep the notarial certificate, your signature, and your official seal on the same page as the signatures beingwitnessed or acknowledged so that the page you have signed notarizing a signature cannot be fraudulently attached to another document. If it is necessary to use an additional page for the notarization, you may want to extend part of the originaldocument to that page so that the signatures being notarized appear above the notarial certificate. You should also describe, as completely as possible, the document to which you are attaching the separate certificate in order to prevent the possibility ofsomeone detaching the notarial certificate from that document and attaching it to another document. It is a good idea to number your pages.
633. If the document has preprinted notarial wording, I’ll be safe in using it. Right?
Not necessarily. You must always read the notarial language (notarial certificate). Sometimes the document was preparedin another state or jurisdiction using a preprinted notarial certificate that may not be legal in Arizona. When you sign thedocument as a Notary, you are held accountable for every word in the notarial certificate. If any part of the notarial certificate is incorrect, either cross out the incorrect words with ink or cross out the entire wording and type in the correct wording.Remember to initial all changes.
634. If the preprinted notarial information on the document is incorrect, can I use correction fluid to correct it?
No. Never use correction fluid or other correction products on a document. Someone to whom the document is thenpresented may not accept the document because it would appear to have been altered and the person would not know if thealteration was done before or after you notarized the document. As stated above, use a pen (not a pencil or erasable ink) tocross out incorrect wording and to write in the corrected text. Always initial your changes.
635. My employer wants me to notarize an individual’s signature on the document. The signer cannot appear before me, but my employer says he witnessed the individual signing the document. Can I notarize the document?
Not according to Arizona law. Arizona law specifies that the signer must always be in the notary’s presence before the notary can complete the notarization.
636. My employer travels frequently. When he is out of the office, we use a rubber stamp of his signature to sign documents. Can we notarize this rubber-stamped signature?
No. Your employer did not appear before you (a requirement of both an acknowledgment and a jurat). Even if youremployer was in the office, you would not be able to notarize his or her rubber- stamp signature unless the rubber-stamp was his/ her legal signature.
637. If a person comes to me as a notary and wants me to certify a document that must be sent to a foreigncountry, how do I do that?
You don’t. The Secretary of State’s Office is the only office in Arizona that is authorized to authenticate a document going to a foreign country. The name of the documents certified for foreign use are a Certificate of Authentication, (for countriesbelonging to the Hague Convention), and Apostilles. This provision is explained in A.R.S. § 41-325.
638. I am a court reporter. Do I have to get persons to whom I administer an oath or affirmation in a judicial proceeding to sign my journal?
No. A.R.S. § 41-324 specifies that you are exempt from this requirement for oaths and affirmations administered injudicial proceedings. However, you must fulfill the journal requirement for all other notarizations you perform.
639. What happens if I notarize a document that does not have notarial wording on it and I don’t type in the proper notarial wording? Can I just sign my name and affix my seal?
If you simply sign your name and affix your seal without any notarial wording, (notarial certificate) you have performed an invalid notarization. Notary law requires that all documents have a notarial certificate that states the facts that are attested toby the notary in a particular notarization. (A.R.S. § 41-311) If the proper wording does not appear and you do not add it orchange it appropriately, the notarization of that document could be declared invalid in a court of law, and the Secretary ofState could revoke your commission.
640. My husband and I are in business together and I am a notary. Can I notarize his signature on business documents?
No. State law now prohibits notarizing for a person related to you by marriage or adoption. (A.R.S. § 41-328(B))
If you have an interest in the document, either financially or beneficially, you should never notarize a signature on that
Secretary of State Jan Brewer 20 Notary Public Reference Manual
document.
641. What if I think the same person made the signatures were but later a court of law determines that the document was forged?
You should still be okay, because presumably you took reasonable care to compare the signatures on the document and inyour journal and they appeared to have been made by the same person. But make sure you closely check the identificationpresented at the time of notarization to determine if the signer matches the physical description and photo.
642. What if the date on a document I am asked to notarize is a later date than the date I perform the notarization?
The date of notarization may be different from another date on a document but it must accurately indicate the date thenotarization actually occurred.
643. A person came to me requesting that I perform an acknowledgment on a document. The document’s date was a week in the future. The signer wanted me to postdate my notarization. Should I do this?
No. Never postdate or predate a notarial certificate. It is important that the date on the notarial certificate reflects the actual date of notarization. This date may conflict with other dates on the document, but you are only responsible for assuringthat the date of the notarization is the same as the date on the notarial certificate. Another reason for never predating orpostdating a notarization is because the dates of notarization that are reflected in your journal must be in consecutive order.
644. You say I cannot refuse to perform a notarial act when a reasonable request is made. What does “reasonable” mean?
If you are a notary for a business and the business posts its hours on the door, then any request made to you during yourbusiness hours, even at one minute before closing, is a reasonable request. If you perform notarizations for your employer and also for others during your off-duty hours, then a request made to you at your home at 8 p.m. at night would be a reasonable request. If you only perform notarial acts while on duty for your employer and don’t take your journal and seal home, then a request made at 8 p.m., if that time is normally an off-duty time for you, would be an unreasonable request. Black’s Law Dictionary defines “reasonable” in part to be: “fair, proper, just, moderate, suitable under the circumstances...” However, if youare uncomfortable with a request for notarization, you are under no legal obligation to notarize.
645. Where do I place my seal?
You normally place your seal to the left of your signature in the notarial certificate.
646. What if there is no room in the notarial certificate to affix my seal?
Documents should be prepared meeting our notarial requirements. However, many of them are not so prepared. Whenyou have a document where insufficient space is left for your seal, just do the best job you can of affixing it. If you have tocover up language on the document, it is better to cover up preprinted language than it would be to partially or wholly cover a signature. Preprinted language could always be reconstructed. A signature might be lost forever.
647. I’ve known John and Jane Doe for several years. Recently, John needed his signature acknowledged on adocument. He signed it and then Jane brought it to me to notarize. Because I had known John for many years and recognized his signature, I performed the acknowledgment. Should I have done that? What if it had been a jurat?
No. Arizona notary law requires the signer to ALWAYS be present when the notarization is done. In this case the signer, John, was not present. You should not have performed the acknowledgment. If that document is part of a legal proceedingand the notarization is declared invalid, you could be fined for improperly notarizing a document, and the Secretary of State could revoke your notary commission.
Had the wording been jurat language instead of acknowledgment language, you would have also performed an impropernotarization, not only because the signer was not present, but because a jurat requires you to place the signer under oath and testify that the contents of the document are true and correct.
Notary Public Reference Manual 21 Jan Brewer, Secretary of State
CHAPTER 7. YOUR NOTARY JOURNAL
701. Do I need anything besides my certificate and my seal to perform notarial duties?
Yes. You must keep a journal. This is a requirement for all Arizona notaries, regardless of when your commission began.Stationery and office supply stores usually sell notary journals. Professional notary organizations also sell journals, however they may not meet the minimum requirements for the State of Arizona. (A.R.S. §§ 41-313 and 41-319)
702. Are there any specific requirements for the journal?
Yes. The journal must be a paper journal (with one exception, discussed in item #711 below) with the pages consecutively numbered, and the Notary must record all notarial acts in chronological order. Although the law does not require the journalto be permanently bound, the Secretary of State’s Office recommends that you use a permanently bound journal for your own protection.
Permanently bound pages are more difficult to remove from a journal than loose-leaf pages. (A.R.S. § 41-319)
703. What does a journal entry include?
Each journal entry must include at least:
�
The date of the notarial act;
�
A description of the document and type of notarial act;
�
The printed full name, address, and signature of each person for whom a notarial act is performed.
�
The type of satisfactory evidence of identity presented to the notary by each person for whom a notarial act isperformed, if other than the notary’s personal knowledge of the individual is used as satisfactory evidence;
�
A description of the identification document, its serial or identification number and its date of issuance or expiration;
�
The fee, if any, charged for the notarial act.
The Notary also must furnish, when requested, a certified copy of any record in the Notary’s journal. (A.R.S. § 41-319(A))
704. The entry must include the date of the notarial act. My journal has a place to show the time of day. Do I have to fill that in?
You are not required to list the time of day when you perform the notarization. However, if your journal has a place forthis information, you may want to list it. Indicating the time of day may help jog your memory if you are ever asked to recallthat particular notarization.
705. What do you mean by “description of the document”?
A description of the document would include the kind of document (power of attorney, car title, etc.) If the document iswritten in a foreign language, you must be able to read enough of that language to describe the document in your journal. Ifyou cannot read the language, you should refuse to perform the notarization.
706. What is the “Type of notarial act”?
The type of notarial act is one of the four notarial acts which you, as a notary, can perform. These are: acknowledgment,jurat, copy certification, and oath or affirmation.
707. The law says a description of the document OR type of notarial act. Does this mean I can pick which I wantto enter into my journal?
We recommend that you do both. The more information you put in your journal, the better off you will be. Most journals have space for both pieces of information.
708. Do I have to print the signer’s name and address in my journal?
You can, if you so desire. Or you could choose to have the signer do this at the time the signer signs his/her name.
709. What do you mean by “satisfactory evidence of identity?”
Satisfactory evidence of identity is defined in Chapter 2 and further explained in Chapter 5.
710. When I describe the identification document, do I list either the issuance date or the expiration date?
Yes. You must list at least one of those dates. However, we recommend that you list both dates. Of the two dates, themore important is the expiration date because that will tell you if the ID is current. An ID must be current to be used as a notarial ID. However, some state-issued ID cards and tribal-issued ID cards may not list an expiration date. For these types of ID cards, you will be able to list only the issuance date. Other requirements for IDs are specified in Chapter 5.
711. I work for an attorney and we always keep a copy of every notarized document. Do I still have to keep a journal?
Not necessarily. If you always know the signer personally and you always keep a copy of the notarized document, either in paper or electronic format, you would not have to make a journal entry for the notarization. However, if ever there is a personfor whom you perform a notarization whom you don’t know, you must then keep a journal entry for all notarizations. (A.R.S. § 41- 319(B))
712. I repeatedly notarize for the same people. Do I have to make a journal entry every time?
Yes, you must make a journal entry for every notarization. However, you must have the people for whom you areperforming the notarization present satisfactory evidence of identity and sign your journal once every six months. A.R.S. § 41-319(C))
713. I sometimes do several notarizations on the same kind of document for the same person at one time. Do I
Secretary of State Jan Brewer 22 Notary Public Reference Manual
have to have a separate entry for each document?
No. You may group like documents notarized at the same time for the same person together into one entry in yourjournal. (A.R.S. § 41-319(D))
714. I perform notarizations for my company and I also perform notarizations on my own time. Can I have one journal for those notarizations I perform for my company and a second journal for those notarizations I perform onmy own?
No. You can only have one journal at a time. The one exception to this is a journal that contains nonpublic records. If one or more entries in your journal are not public records, you may keep one journal that contains only entries that are publicrecords and one journal that contains only records that are not public records. (A.R.S. § 41-319(E))
715. I work for a state agency and perform notarizations that must remain confidential by state law. Therefore,my journal contains entries that are not public record. When I leave this employment, do I keep that journal or does my employer keep that journal?
Your employer will keep those journals that contain entries that are not public records. You will keep journals that containonly entries that are public records. (A.R.S. § 41-319(E))
716. What purpose does the journal serve?
The journal provides proof that you performed the notarization, no matter how long ago you may have performed thatnotarization. The journal also verifies that you took the reasonable steps necessary to identify the signer of a document.
717. There are several notaries in our office. Can we share a journal?
No. Each notary must maintain his/her own journal.
718. My boss says that my journal is not a public record. Doesn’t the law say that all notary journals are public record?
Most notary journals are public record. However, notary records that violate the attorney/client privilege or that areconfidential due to state or federal law are not public record. If you work for a business that is not an attorney’s office or that is not governed by state or federal confidentiality laws, your journal entries are public records.
If you perform notarizations that are not public record and also perform notarizations that are public record, you maykeep two journals: one that contains only the nonpublic records, and one that contains only public records.
719. Can I take my notary records with me if I leave the job that I had when I became a notary?
It depends on whether your journal contains nonpublic records. A.R.S. § 41-319(E) specifies that, a notary may keep onejournal containing only public records and one that contains only nonpublic records. Your journal containing only nonpublicrecords would stay with your employer when you left that employment, but your journal containing only public recordsremains with you.
720. How long do I have to keep my notarial records?
A notary is responsible for his/her own records and must keep them until “vacating the office” or for at least five yearsafter the most current notarization was entered while you are a notary. “Vacating the office” means you are no longer commissioned as a notary, perhaps because you did not renew your commission, you are moving out of state, or your commission was revoked. A.R.S. § 41-317(B)) If you continue to be a commissioned notary, and your most current entry is atlease five years old, your journal should be forwarded to the County Recorder’s office.
721. If someone asks, do I have to give a certified copy of any record in my journal?
If your journal records are public records, then your journal may be viewed by or copied for any member of the public.However, the individual making the request to view or have copied a record from your journal must present to you a writtenrequest that details the month and year of the notarial act, the name of the person whose signature was notarized, and the type of document or transaction. If the person cannot supply you with that information or the request is not in writing, you canrefuse to let the person see your journal or you can refuse to copy the records. (A.R.S. § 41- 319(F))
722. When I make the copy of a requested record, do I copy all entries on the page?
No, you should cover up the entries above and below the requested entry before making the copy.
723. When I show someone my journal after the person has made a proper request, do I let the person see all entries on the page?
No. As stated in #722, you should cover up all entries above and below the requested record before you show therequested record to the person.
724. How do I cover up the page? And can I do that all the time?
You can take some heavy-stock paper, such as cardboard or card stock, and cover entries above and below a requestedrecord. The cardboard or card stock should be thick enough that the information on the page doesn’t show through. You canalso use the same procedure when you have a signer sign your journal. Just because you are performing a notarization for that individual doesn’t mean that the signer has the right to see the information about other notarizations you have recentlyperformed.
725. My employer paid all the fees for me to become a notary. Now that I am leaving his employ, he told me he owns my journal, seal, and commission certificate. Is that right?
No. You, the notary, own your journal, commission certificate, bond, and seal, no matter who paid for them. The onlyexception to this is a journal containing nonpublic records which would stay with the employer when you left that
Notary Public Reference Manual 23 Jan Brewer, Secretary of State
employment. (A.R.S. § 41-312(C))
726. What do I do with my notarial records when I no longer wish to be a notary?
When an individual ceases to be a notary for any reason, (including resignation, death, revocation etc.) the notary or thenotary’s personal representative shall deliver, by certified mail or other means providing a receipt, to the County Recorder inthe county in which the notary was commissioned, the notary’s journal and other records. If this action does not occur within three months of a resignation, revocation, expiration, or appointment as personal representative, the notary or his/herrepresentative would have to forfeit to the state not less than $50 nor more than $500 to the Secretary of State’s office. (A.R.S. § 41-317)
727. Can I just send old notary journals to the County Recorder so that I don’t have to make room for them?
No. You must keep your journals and records in your possession for at least five years, unless during that five-year period you cease being an Arizona notary public. You only send the journals and records to the County Recorder (by certified mail)when you are no longer an Arizona notary public.
728. I am a notary in an office that handles confidential matters. If the documents I notarize are confidential, how can I, in good faith, turn over records to the County Recorder and have them become public record?
If you journal contains records that are not public record, as explained in previous questions, you would leave the journal with your employer with you left that employment. If your journal contains only public record entries, your journal is yourproperty and you are responsible for turning it in to the County Recorder when you cease being a notary. (A.R.S. § 41-317).
729. What if, after I have turned over my records to the county, I am asked to prove that I notarized something?
This can happen. You may wish to make a copy of your notarial records before you turn them over to the CountyRecorder. However, because the records are in the hands of the County Recorder, you could refer the requestor to the CountyRecorder who can then locate your records and make a certified copy of the appropriate record.
730. Does the County Recorder keep the notary records indefinitely?
No. The law now specifies that County Recorders are only required to keep the notary records for a maximum of 5 years. Remember, too, that you only have to keep your records back five years. Thus, notarial records are kept for a total of 10 years.
(A.R.S. § 41-317(B))
731. If my journal is lost or stolen, what do I do?
If the journal is stolen, you must notify the appropriate law enforcement agency. You must also, within 10 days of the loss or theft of your journal, deliver to the Secretary of State’s Office a signed notice of the loss or theft. This notice must be sentby certified mail or other means that provides you with a receipt. You can then purchase a new journal and start using it.
(A.R.S. § 41-323(B))
732. If my journal is lost or stolen, can I still perform notarizations?
Yes. But first you must purchase a new journal and inform the Secretary of State’s office that your journal was lost orstolen and report the loss or theft to a local law enforcement agency. We recommend that you explain in your journal whyyou are using a new seal or journal. (A.R.S. § 41-323(B)
733. How do I know if my journal contains the correct information?
As long as the journal you use contains space for all of the information required in A.R.S. § 41-319(A), then you are using a correct journal. Most journals that you can purchase contain space for the information Arizona requires plus additionalinformation. For example, California requires thumbprints for certain real estate transactions. Thus, most notary journalscontain a space for a thumbprint. However, Arizona law does not requires a thumbprint. Shown below is a sample of a journalentry. Some journals spread the blank spaces over two pages. Other journals only use one page for the entire entry. Thissample uses both pages, although both pages’ information are shown on one page here: The left side is shown first, followed by the right side.
Secretary of State Jan Brewer 24 Notary Public Reference Manual
_______________________
Left Side:
Description of Type of Notarial Printed Name & Signature # Document Act Address of Signer of Signer Acknowledgment Jurat Copy Certification D 1 D
Enter the date
Enter a descrip tion of the document being notarized. If the document is dated, list
Check the box for the type of notar ial act.
Have the signer print his or her full name and address.
Have the docu ment signer sign his or her name here.
its date on the last line
here.
Right Side:
Personal Knowledge ID Card Credible Person known to notary
T ype____________________ Issued by _______________ Serial or ID Number
Fee $______
Credible Person not known to notary
Issue Date_________________
Check the appropriate box
Fill in the information taken from the
If a credible person is used to identify the signer , after the
Specify the fee char ged,
for the identification of
identification document of either the signer or the
credible person has presented you with satisfactory evidence
if any . A maximum
the signer .
credible person.
of identity , have the credible person sign your journal on the top line here followed by his or
fee of $2.00 may be char ged for
her printed full name and address.
notarization s unless you
are
employed
by a Superior Court or a
Justice
Court.
Also list any additional
information
you wish or that may be
required by law .
If a thumbprint is
required (this is
not a requirement
of Arizona state
law), place the signer ’s right
thumbprint here. If the signer has no right thumb, use the left thumb or any other finger .
A void over -inking by making a test print on a separate piece of paper .
Notary Public Reference Manual 25 Jan Brewer, Secretary of State CHAPTER 8. YOUR NOTARY SEAL
801. Can I notarize documents before I receive my commission certificate?
No. You must first receive your certificate. You must give a copy of your commission certificate to an office supply orstationery store in order to purchase a notary seal. The office supply or stationery store (or whatever vendor your use to make your notary seal) must see your original certificate which the vendor will then photocopy; the vendor must also keep the copyof your commission on file for the four years of your Notary commission. (A.R.S. § 41-321(A))
802. What kind of seal is required, an embosser or a rubber stamp?
All Arizona Notaries must use a rubber stamp seal and imprint the seal on notarized documents in dark ink. You may use an embosser (sometimes called a crimper), but only in conjunction with the rubber stamp. (A.R.S. §§ 41-313(B) and 41-321(B))
803. What does the seal have on it?
The seal must contain the words “Notary Public”, the county in which you are commissioned, your name as it appears on your notarial application which must match the name on your commission certificate, the expiration date of your commission,and the Great Seal of Arizona. (A.R.S. § 41-313(B))
804. Does my commission expiration date have to be on the seal?
Yes, this is required. You cannot use a separate stamp with your commission expiration date on it. The stamp you use must always have your current commission’s expiration date on it. You cannot continue to use a stamp beyond the expirationdate specified on it by crossing out one date and inserting a different date. This means that you must purchase a new notarystamp each time you renew your commission. (A.R.S. § 313(B))
805. What color ink should I use with my rubber stamp seal?
You must use a dark ink as required by law. For example, dark blue, dark purple, black, dark green, or dark brown inkswould all be acceptable. Many notaries like to use a color other than black so that they can tell at a glance that it is the originalstamp. If you use black ink, a person will not be able to readily tell the original document from a photocopy. We strongly suggest that you NOT use red ink because red does not uniformly photocopy or scan well and may not be covered under thedefinition of “dark ink.” (A.R.S. § 41-313(B))
806. Where do I put my seal when notarizing a document?
We recommend that you place your seal just below the attestation and to the left, if possible. Please be careful not tostamp over signatures or other writing on the document and make sure that the seal is stamped clearly.
807. What if there isn’t room in the notarial certificate for my seal?
Do the best job you can of affixing your seal. You should never stamp over any text or signatures. However, if insufficientroom is left for you to affix your seal, it is better to stamp over preprinted language than to stamp over signatures.
808. What do I do with my Notary seal after I send my journal and records to the county recorder because I am no longer a notary?
You must destroy your seal. Make sure that you destroy it so that no one else could use it. Do not simply throw your seal in the trash or garbage. Someone else might find it and try to impersonate you. That person’s actions could cause you a lot ofneedless problems. So make sure you DESTROY YOUR SEAL.
809. What happens when I forget to put my seal on a document I have notarized?
You have performed an incomplete notarization. Arizona law requires you to place your seal on each document you notarize. If your notary seal does not appear on the document, a court of law could declare the notarization of that document to be invalid. In addition, the Secretary of State could revoke your notary commission. (A.R.S. § 41-330(A)(4))
810. If my seal is lost or stolen, what do I do?
If the seal is stolen, you must notify the appropriate law enforcement agency. You must also, within 10 days of the loss or theft of your seal, deliver to the Secretary of State’s Office a signed notice of the loss or theft; this notice must be sent by certified mail or other means that provides you with a receipt. (A.R.S. § 41-323(B))
811. If my seal is lost or stolen, can I still perform notarizations?
You must first purchase a new seal. To order a new seal, you must take a copy of your commission certificate to a rubber stamp company or office supply store or stationery store and order a new seal. We recommend that you get a new seal thatlooks different from your original seal. Then you must notify the Secretary of State’s Office, as well as the appropriate lawenforcement agency telling us what your old seal looked like and the date it was lost or stolen and what your new seal lookslike and the date you started using the new seal. That way, if we ever have to certify any document that you have notarized, we will know if it is a legitimate notarization. We recommend that you explain in your journal why you are using a different seal.
(A.R.S. §§ 41-323 and 41-321)
812. You say my seal should be a different shape. What shapes are allowed?
There are no shape requirements for notary seals. However, they cannot be more than 1-1/2 inches high and 2-1/2 inches long. (A.R.S. § 41- 321(B)).
813. Can I have more than one notary seal?
No. A notary can only have one seal. Having multiple seals provides opportunities for fraud or loss.
Secretary of State Jan Brewer 26 Notary Public Reference Manual
CHAPTER 9. FEES
901. Can I charge people to notarize their documents?
Yes. The fees that you can currently charge are no more than $2.00 and are outlined in A.A.C. R2-12- 1102. (The Arizona Administrative Code Rules has the full force and effect of law.) If you charge fees for performing notarial acts, you eithercharge the fees up to the amounts specified by rule or you perform the notarial acts for free. You are not allowed to chargemore FOR NOTARIAL ACTS than the amounts specified in A.A.C. R2-12-1102, even if you call the additional charge a “service fee” “transaction fee” or some other name. Such a practice would constitute “charging excessive fees” which is notallowed according to A.R.S. §§ 38-413 and 41-316(C). If you charge higher fees than those allowed by rule, you are liable to the party aggrieved in an amount four times the fee you unlawfully demanded and received. You would also be guilty of a class 5 felony. If your company or office tells you to charge more than is allowed by rule, please show your employer the laws andrules pertaining to Notaries Public and explain that overcharging for notarial services is a felony. Your employer may call theSecretary of State’s Office if questions about this law arise. Please note: if you charge fees for notarial acts, you must post a listof those fees in a conspicuous location. (A.R.S. §§ 41-316, 38-412, and 38-413.)
902. Can I charge some people one price and other people another price?
If you do this, the people whom you charged a higher amount could claim that you discriminated against them. It’s best to set your fees and then stick to them. Either charge the same fee for every notarization or don’t charge at all. When you treatpeople differently concerning fees, you could face a discrimination lawsuit.
903. Do I have to post my fees?
A.R.S. § 38-412 requires notaries to post in a conspicuous place a schedule of the fees they are allowed to charge.Publishing the fees in a brochure is not considered a “conspicuous” posting.
904. What happens if I charge more than the rules say I can? Can I add on a “service charge”?
If you charge more than the rules allow for a notarization, you are liable to the person whom you charged the excess feean amount four times the fee unlawfully demanded and received. In addition, you would be guilty of a Class 5 felony. (A.R.S. §§ 41-413, and 41-316(C)).
You could charge a travel mileage fee and charge per diem, however, if you must travel a distance to perform thenotarization. The travel mileage fee and the per diem that you could charge would be the amount allowed Arizona stateemployees. Currently, the mileage fee is 40.5¢ per mile. The per diem charge depends on when you leave your home base (either a business address or a home address, depending on whether you are performing the notarization for your employer or on your own time), when you return to your home base, and how long you were gone for the purpose of performing thenotarization. The rates change periodically. Check with the Secretary of State’s Office before charging a customer to ensure that you charge the correct amount.
905. What if my company or organization requires me to charge more than the maximum fees specified in A.R.S.§ 41-316?
If your company or organization requires you to charge more than is allowed by law, the company or organization isrequiring you to perform your notarial duties in violation of the law. You as the notary will be the one who must answer for your actions in court or during an investigation. You as the notary will be the one whose notary commission may be revoked.It is vitally important that you inform your superiors in your company or organization that they are telling you to violate state statute and commit a felony. You as the notary are expected to obey the notary laws.
Notary Public Reference Manual 27 Jan Brewer, Secretary of State
CHAPTER 10. VIOLATIONS OF THE LAW
1001. What happens if I commit a felony or other offense in violation of my official duties during my Notary term of office?
The Secretary of State may revoke your notary commission after you have been convicted of a felony or a violation ofyour official duties and we receive notification of your conviction. As a public official, conviction of a felony means that you must vacate your office. You must destroy your notary seal, and you must turn in your journal and other notarial records tothe County Recorder’s office in the county in which you were commissioned.
1002. Can I be held liable for anything when I perform a notarial service?
Yes. You could be held liable for misconduct considered “official misconduct.” Official misconduct includes any wrongful exercise of a power or performance of a duty. Possible examples of official misconduct by a Notary and grounds for theSecretary of State to refuse, revoke, or suspend a notary’s commission are specified in A.R.S. § 41-330 and as follows:
�
Substantial and material misstatement or omission in the application for a notary public commission that is submitted to the secretary of state.
�
Conviction of a felony unless your civil rights have been restored to, or of a lesser offense involving moral turpitudeor of a nature that is incompatible with the duties of a notary public. A conviction after a plea of no contest is deemed to be a conviction for purposes of this paragraph.
�
Revocation, suspension, restriction or denial of a professional license if that action was for misconduct, dishonesty orany cause that substantially relates to the duties or responsibilities of a notary public.
�
Failure to discharge fully and faithfully any of the duties or responsibilities required of a notary public.
�
The use of false or misleading advertising in which the notary public has represented that the notary public has duties, rights or privileges that the notary public does not possess by law.
�
Charging more than the fees authorized by statute.
�
The commission of any act involving dishonesty, fraud or deceit with the intent to substantially benefit the notary public or another person or to substantially injure another person.
�
Failure to complete the acknowledgment or jurat at the time the notary’s signature and seal are affixed to thedocument.
�
Failure to administer the oath or affirmation required at the time of performing a jurat for an individual.
�
Execution of any notarial certificate by the notary public containing a statement known by the notary public to befalse.
�
The return for insufficient funds or any other reason for nonpayment of a check issued for application fees to thesecretary of state or the bond filing fees to the clerk of the superior court in the applicant’s county of residence.
In addition, the following would be included in the above specifications:
�
Engaging in any fraudulent or deceptive conduct that is related in any way to one’s capacity as a Notary Public. Thiswould include using someone else’s Notary seal or letting someone else use your Notary seal.
�
Failing to take all reasonable steps to verify a signer’s identity.
�
Representing or implying by use of your title that you have the qualifications, powers, duties, rights, or privileges thatby law you do not possess, either in English or in a foreign language. (A.R.S. § 41-329)
�
Performing a jurat when the signer has not personally signed the document in front of the Notary or on a documentthat is incomplete.
If you are found guilty of official misconduct, a court could hold you to unlimited liability. In Arizona your Notarycommission could be revoked, perhaps permanently. In some states, the employer of a Notary Public could also be held jointly and severally liable with the Notary for damages caused by official misconduct of the Notary if the Notary was acting withinthe scope of the Notary’s employment or if the employer had actual knowledge of, or reasonably should have known of, theNotary Public’s official misconduct. (A.R.S. § 41-329(B))
1003. How long does a suspension or revocation last?
In both cases, the Secretary of State’s determination is a result of the Attorney General’s investigation of a formalcomplaint filed against a notary public. It is possible for a notary to be suspended for either a specific period of time or until certain conditions determined in the investigative process are met. However, revocations could possibly be permanent and anotary could not re-apply for a notary commission until four years have passed from the date of revocation.
1004. Could I be fined or go to prison for misconduct?
Yes. If you are prosecuted for criminal fraud, you could be fined and/or imprisoned and/or required to make restitution. If you are found civilly liable, you could face unlimited financial damages, court costs, and attorney fees.
1005. I work in an office with other people, but I’m the only notary. My boss told me to leave my notary seal in anunlocked drawer so that someone else could use it to notarize documents when I’m not there. Is this legal?
No. Notary commissions are not transferable. No one is allowed to use your Notary seal or your Notary journal exceptyou. You are the one responsible for ensuring that your seal and journal are placed in a secure location to which no one elsehas access. If you are proven to have used someone else’s notary seal, your Notary commission or the other person’s Notarycommission, or both, could be revoked. If you use another person’s Notary seal, or another person uses your Notary seal, you could face fines or jail time, depending on the court’s action.
1006. What happens if my boss tells me to notarize something which would violate our state’s Notary law?
The State of Arizona commissioned you as a Notary Public; your boss did not. You must obey the state law. You arerequired to keep a reference manual that is approved by the Secretary of State that describes the duties, authority and ethical
Secretary of State Jan Brewer 28 Notary Public Reference Manual
responsibilities of notaries public. (A.R.S. §412(4)) We suggest that your company adopt a manual of Notary policies andprocedures including the laws applicable to Notaries Public.
1007. What happens when I forget to put my seal on a document I have notarized?
You have performed an incomplete notarization. Arizona law requires you to place (affix) your seal on each document you notarize. If your notary seal does not appear on the document, a court of law could declare the notarization of that documentto be invalid. In addition, the Secretary of State could revoke your notary commission. (A.R.S. § 41-330)
1008. What happens if I notarize a document that does not have notarial wording on it and I don’t type in theproper notarial wording?
You have performed an invalid notarization. The notarial wording must appear on the document. If the notarial certificate does not appear and you do not add it or change it appropriately, the notarization of that document could be declared invalid in a court of law. And the Secretary of State could revoke your commission. (A.R.S. § 41-330)
1009. What if I notarize a document that contains blank spaces?
You cannot perform a jurat on a document that contains blank spaces or that is incomplete. There is no such limitationwhen performing acknowledgments, although the Secretary of State’s Office recommends that you never notarize a documentcontaining blank spaces, although we recommend that you do not notarize a signature on any document containing blank spaces. (A.R.S. § 41-328(A))
1010. If I assist Spanish speaking customers can I advertise as a “notario publico”?
Other than a single desk plaque, you cannot advertise your services in a foreign language unless you are an attorney or, if you are not an attorney and you advertise, either by written or verbal means, then you must post or otherwise include with theadvertisement a notice in English and the other language. The notice must be of conspicuous size, if in writing, and shall state, “I am not an attorney and cannot give legal advice about immigration or any other legal matters.”
Any notary public who violates this section of the notary law is guilty of a class 6 felony and the Secretary of State shall permanently revoke the notary’s commission. (A.R.S. § 41-329)
1011. What occurs when a complaint is filed against me?
A written complaint indicating a violation of notary law or ethics is submitted to the Secretary of State. The complaint isthen forwarded to the Attorney General’s office who investigates the complaint and recommends to the Secretary of Statewhat type of action should be taken on the alleged violations. The Secretary of State then sends a written notice to the notary of its decision.
1012. What actions can the Secretary of State take on a complaint?
The three options available to the Secretary of State are:
1. Take no action.
2.
Suspension. Pursuant to A.R.S. § 41-330(C) the Secretary of State is authorized to suspend notaries for 60 to 180 days subject to an administrative hearing.
3.
Revocation. According to recently passed A.R.S. § 41-330(D) reapplication for a revoked commission is not possibleuntil 4 years have passed since the time of revocation. As with a suspension, a revocation is subject to an administrativehearing.
In the case of a suspension or revocation a notary has 30 days within the date of notification of the suspension orrevocation to request an administrative hearing by contacting the Secretary of State by a means that will provide proof of thecommunication such as certified mail.
Notary Public Reference Manual 29 Jan Brewer, Secretary of State
CHAPTER 11. APOSTILLES AND CERTIFICATES OF
AUTHENTIFICATION
1101. If a person comes to me as a notary and wants me to certify a document that he or she needs to send to a foreign country, how do I do that?
You don’t. The Secretary of State’s Office is the only office in Arizona that is authorized to issue a certification or apostille for a notarized document going to a foreign country. (A.R.S. § 41- 325) We also issue certifications and apostilles for certain other public documents as well, including those issued by the Governor, the County Recorders, and the Registrar of Vital Records.
1102. What is an apostille?
An apostille is a certificate of authority, issued by the Secretary of State (if issued in the United States) or otherauthenticating authority (if issued in a foreign country), attached to a notarized document or a certified recorded document.Apostilles and certificates of authentication are specifically for documents going to foreign countries. For notarized documents, an apostille attached to the document indicates that the person who notarized the document was, in fact, a notarypublic at the time of the notarization. For certified recorded documents, the apostille certifies that the person who certified the document was, in fact, the official authorized to do so. The Hague Convention dictates the apostille form which is uniform among all subscribing countries. (A.R.S. § 41-326)
1103. Do documents going to every foreign country require an apostille?
No. Apostilles are used for documents going to countries that subscribe to the Hague Convention of 1961. Documentsgoing to countries that do not subscribe to the Hague Convention receive a conventional certificate issued by the Secretary of State’s office. Conventional certificates, unlike apostilles, vary in format from country to country and from jurisdiction tojurisdiction.
1104. Can an Apostille or Certificate of Authentification be used to certify or authenticate a document going to another state within the United States?
No. An apostille or certificate of authentication is only for use in a foreign country.
Secretary of State Jan Brewer 30 Notary Public Reference Manual
CHAPTER 12. TRAINING INFORMATION
1201. Does the Secretary of State’s Office provide notaries with any information about performing their duties?
Yes. Notaries Public are required to keep as reference a manual that is approved by the Secretary of State that describesthe duties, authority and ethical responsibilities of Notaries Public. A.R.S. § 41-412(4) The reference manual is available on the Internet through the Secretary of State’s home page at www.azsos.gov.
The Secretary of State’s Office also presents workshops for notaries public throughout the state. Schedules andregistration for these workshops are also available on the Internet through the Secretary of State’s home page at www.azsos.gov or by contacting the Secretary of State by phone at 602-542-4758.
The workshops cover the current notary law, pertinent sections of other laws, and any proposed legislation. Advancedregistration is required for these workshops. In addition, Office staff may present shorter programs to interested groups on anas-requested basis.
Contact the Office at (602) 542-4758 if your group would be interested in such a program.
1202. Is there any other training offered to notaries public?
From time to time, groups and organizations come into Arizona to present general notary information at workshops orseminars.
The Secretary of State does not require that groups or organizations presenting workshops/seminars notify our office, although several do extend that courtesy.
Please note: these groups and organizations are private entities and do not represent the Arizona Secretary of State’sOffice.
1203. What education is required in the state of Arizona?
Arizona law does not require training for Notaries Public. However, current legislation does require notaries to “keep as a reference a manual that is approved by the Secretary of State that describes the duties, authority and ethical responsibilities of notaries public.” (A.R.S. § 41-312)
Additionally, the Secretary of State’s Office offers workshops for Notaries. The schedule for workshops is available onlineat www.azsos.gov. Pre-registration is required for these workshops. The Office does not charge a registration fee; however,you may have to pay for parking fees, depending on the location.
Notary Public Reference Manual 31 Jan Brewer, Secretary of State
CHAPTER 13. MISCELLANEOUS PROVISIONS
Name Changes
1301. What if I receive a Notary commission under one name and then get married before my commission expires? Can I use my new married name?
If you get married and change your name at that time, you can use your new married name. Just sign your married name and below that signature, sign the name under which you were commissioned. If your name is changed by any means otherthan marriage, you must apply for a new