ARIZONA Notary Public Reference Manual - AZ SOS
New WApplica ebtAvailab ionleARIZONANotary PublicReference ManualAugust 2018Arizona Secretary of State’s OfficeBusiness Services Division1700 W. Washington St., 7th FloorPhoenix, Arizona 85007
Arizona Notary Public Reference ManualAbout this publication This is the Arizona NotaryPublic Reference Manual. Ithas been previously referredto in law as the Arizona NotaryPublic Handbook.It is a publication of theDepartment of State, Office ofthe Secretary of State,Business Services Division.This manual may bereproduced for private use. Itshall not be used orreproduced for commercialpurposes. 2018 ver. 08-3-2018The office strives for accuracyin our publications. If you findan error, please contact us at(602) 542-6187.Disclaimer The Office cannot offer legaladvice or otherwise offerrecommendations ondocument preparation. TheOffice advises consultationwith an attorney in suchcases.Contact us Mailing address for allcorrespondence or filings:The Honorable Michele ReaganSecretary of State1700 W. Washington Street, Fl. 7Phoenix, AZ 85007-2808Attention: Notary SectionTelephone: (602) 542-6187Fax: (602) 542-4366IA message from Secretary of State Michele Reaganam pleased to present to you the 2018 edition of the Arizona Notary Public ReferenceManual. Our office has received a lot of positive feedback about this manual since it wasupdated several years ago. We understand there is always room for improvement, andwe’ve listened to your suggestions.Based on notary’s responses we have revised this manual once again to include even more concise explanations of Arizona Notary law and simplified the section with your duties as a publicofficial and commission.Be on Target, Key to Success, and How it Works sections give quick and helpful explanations. ThePenalty whistle immediately informs you about compliance and possible penalties a notary mayreceive under Arizona law. A dollar sign icon informs you of any fees that may be associatedwith a notary public duties. I hope you find these improvements useful to your service as anArizona notary.Arizona notaries are required to have a copy of this manual and keep it for reference purposes.If you have any questions about the information in this manual or how to apply for a notarycommission, please call (602) 542-6187.Sincerely,MICHELE REAGANArizona Secretary of StateWeb site: www.azsos.gove-mail: notary@azsos.govTHIS MANUALBELONGS TO:IF FOUND, PLEASERETURN BY CALLING:2DEFINITION OF A NOTARYAn Arizona notary public is a public officercommissioned by the Secretary of State toperform notarial acts.A Notary is an impartial witness (A.R.S. § 41328(B)). An impartial witness must have noconflict of interest.Table of ContentsA Message from Secretary of State Michele Reagan ········2Definition of a Notary ······2Chapter 1. Notary Application Process ·····3Chapter 2. Notary Commission ·················7Chapter 3. Notarial Duties ter 4. Notarial Acts ·25Chapter 5. Notarial Law and �············31Chapter 6. Sample Certificates ···············50Index ·····55Department of State, Office of the Secretary of StateBusiness Services Division
Chapter 1Key to SuccessQualifications p.4How to apply p.4Application Form p.4Notary Bonds p.5Fees Schedule p.6Processing Considerations p.6Application p.6Approval p.6Rejection p.6A notarization on adocument indicatesthat a notary publichas taken all reasonable steps toverify a signer’s identity before notarizing that person’s signature. Additionally, if the notarization performedis a jurat, the document signer alsois required to swear/affirm to thetruthfulness of the document.The BasicsNotary Application ProcessIn Arizona, a notary public is a public officercommissioned by the Secretary of State toperform notarial acts, as defined in the ArizonaRevised Statutes (see Chapter 5). A notary, in essence,serves as an impartial witness pursuant to A.R.S. § 41328(B).Government offices, businesses and the public rely onthe accuracy and integrity of notaries public. Thismeans the notary should take the required steps toauthenticate signatures and ensure that allnotarizations are properly completed and performed.Many documents require a notarization in an effort todeter fraud, to prove the authenticity of the signatureand to ensure that a signature was made willingly andnot under duress. Therefore, it’s essential that anotary accept a valid form of identification, as definedin statutes, to determine that a signer is who he orshe claims to be.Because the prevention of fraud and deception iscentral to the notary’s role, it is essential that anotary have no conflict of interest when notarizing adocument.In other words, a notary public cannot be a “party tothe transaction” or a “party to the instrument.” Thenotary may have no financial or beneficial interest inthe transaction, no matter how small.Moreover, in Arizona, notaries public are prohibitedfrom notarizing his or her own signature, as well asthe signature of any person who is related to thenotary by marriage or adoption [A.R.S. § 41-328(B)].Additionally, the notary should keep in mind thatnotarizing a document for any family member couldcall into question a notary’s impartiality in thetransaction; therefore, this practice is discouraged. 3
Chapter 1 Arizona Notary Public Reference ManualPRIMARY RESIDENCY A person can have only ONEprimary residence at any time.To be considered an Arizonaresident one of the followingconditions must be met: If the applicant lives withinArizona’s borders, claimsArizona residence as his orher primary residence fortax purposes (that is, theapplicant declares it onstate and federal taxreturns as a primaryresidence). OR If the applicant is currentlyregistered to vote inArizona.The fact that an applicant isout of the state for atemporary or transitorypurpose would not defeat ornullify Arizona residency. Onthe other hand, if an applicantis in Arizona for a temporaryor transitory purpose, Arizonawould not be a primaryresidence (A.R.S. § 41-312(E)(2)). CITIZENSHIP QualificationsThe following list includes the legal requirements to become an Arizona notary public. An applicantmust: Be an Arizona resident. (See note to the left) Be at least 18 years of age. Be able to read and write English. Be a citizen or a legal permanent resident of the United States [A.R.S. § 41 -312 (E)(2)]. (See note,left) Not have a conviction for a felony unless civil rights have been restored, or a conviction for alesser offense involving moral turpitude or of a nature that is incompatible with the duties of anotary public. HONESTY AND MISCONDUCT If you have had a professionallicense revoked or suspended for misconduct or dishonesty or anycause that substantially relates to the duties or responsibilities of anotary public, or if you have had your notary commission revoked,the Secretary may refuse to grant you a commission.How to Apply Notary ApplicantsWhether a first-time applicant, or a notary that is requesting to be re-commissioned an applicantshall:Arizona law requires anArizona notary public to be acitizen or a legal permanentresident of the United States. 1. Complete an online web-based application located on the Secretary of State’s website(www.azsos.gov). You must print the application and sign it. You cannot submit the applicationonline.MILITARY NOTARIES How it works2. Obtain a notary bond BEFORE submitting the application for processing. Fees are associated withthis requirement.Commissioned vs.non- commissionedofficersCommissioned officers in theU.S. armed forces are federally commissioned to performnotarial functions for othermembers of the armed forcesand the other member’s dependents (Attorney GeneralOpinion I97-011)Non-commissioned officers inthe U.S. armed forces mustmeet the qualifications listedin this chapter to become anArizona notary public. 3. Submit, to the Secretary of State, the signed application form, a bond with original signatures,and a processing fee. Photocopies of an application or bond are not acceptable.4. Ensure that printed name and signature on the application match the printed name and signatures on the bond.All three must be submitted together in order to be processed.FORM INSTRUCTIONSInstructions are included throughout the web-based application. If there are no errors on thesubmitted application, processing may take up to four weeks once RECEIVED by the Office of theSecretary of State.How to Apply — Continued on next page4Department of State, Office of the Secretary of StateBusiness Services Division
Arizona Notary Public Reference Manual Chapter 12. Notary BondsERRORS & OMISSIONINSURANCE How it worksWHAT THEY DOA surety bond protects those for whom the notary public performs a notarization.WHAT THEY DON’T DOA surety bond does not protect the notary public. (See Errors & Omission Insurance, right)BONDS AND THE APPLICATION PROCESSApplicants must purchase and complete a notary bond BEFORE the Secretary of State grants a commission. The bond, and filing fee must be submitted together.APPLICATION REQUIREMENTS: State law requires applicants to purchase a four-year 5,000 notary bond [A.R.S. §§ 41-312(B), 41-315 and A.A.C. R2-12-1103]. Applicants must purchase bonds in duplicate. The original bond shall be submitted to theSecretary of State with the notary application and the duplicate copy is to be retained by theapplicant as stated in the application instructions.PURCHASING A NOTARY BONDBonds are not purchased from the Secretary of State’s office. Bonds must be purchased from a licensed surety [A.R.S. § 41-315(A)]. A licensed surety means: a notary bonding company; an insurance company; OR a notary organization.These entities can be found in a phone book or online.Fees: Fees vary by each licensed surety.NOTARY BOND REQUIREMENTSUse the check boxes below to ensure that a bond meets the filing requirements.Bonds must: Display the applicant’s printed name and be signed in two places exactly as it appears on theapplication. Display effective and expiration dates and shall have the expiration date always one day less thanthe effective date four years later. Be countersigned by the bonding company’s authorized agents in two places on the bond form. Be properly notarized [A.R.S. § 41-312(B)]. Be notarized with jurat language and must not contain blank lines.Bonds cannot:This insurance protects the notary ifthe notary inadvertentlymakes an error or omitsan element when notarizing adocument.Is it required?Purchasing this insurance isnot required by the state ofArizona.How to purchaseErrors and Omission (E & O)Insurance is not purchased oravailable from the Secretary ofState’s office. E & O insurancemay be purchased by a notarythrough either insurance orbonding companies. APPLICANT PRIVACY Public Records andApplication Information An applicant’s name andbusiness address are public information. If an applicant has no business address, he or she must listanother address in thespace provided for the business address, such as ahome address or a P.O.Box. The applicant shouldremember that this will bepublic record when preparing the application. All other information on theapplication form is confidential. Only the applicant, the ap-plicant’s representative or apublic officer acting in anofficial capacity can viewthe application. The requestmust be put in writing onletterhead to our office[A.R.S. § 41-312(F)]. Be issued more than 60 days before or 60 days after the commission is initiated [A.R.S. § 41-315(B)].Also, the bond’s effective date cannot overlap the previous commission’s bond end date, even by oneday.Be onTargetApplicants should follow the step-by-step instructionsprovided on the web application. Questions? Simplycall our office for assistance at (602) 542-6187.How to Apply — Continued on next pageDepartment of State, Office of the Secretary of StateBusiness Services Division5
Chapter 1 Arizona Notary Public Reference ManualOATH OF OFFICE An Arizona notary is a publicofficial. Notaries must take anoath of office, which appearson the notary bond. The oathis prescribed by ArizonaRevised Statutes § 38-231.LIMITATIONS ONREFUNDS Once the office processes anapplication, no refunds will beissued.Refunds are not issued exceptwhen a duplicate applicationhas been filed for the samenotary commission term.In this instance a refund isprocessed only for theduplicate application. Pleaseallow several weeks for refundprocessing.Refunds are not issued forany other purpose. COMMON APPLICATIONREJECTIONS Some common reasons forrejection are: A discrepancy has been found between the nameand/or the signature onthe notary bond and thename and/or thesignature on theapplication.The bond dates areincorrect. The applicantwill need to request arider – a statement thathas the correct bonddates – for the bond fromthe notary bondingcompany.The application isincomplete, such assections were left blank,or it contains incorrectinformation.Other bond information isincorrect. 3. Office Fee ScheduleThe following fees are required to be pre-paid to the Secretary of State’s office when applying tobecome an Arizona notary. 25.00 Application fee 18.00 Notary bond filing fee 43.00 TotalChecks or money orders should be made payable to the “Secretary of State.”There are also additional costs associated when applicants obtain a notary bond, notary seal andjournal. Costs for these services vary and applicants are encouraged to research companies to securethe best price and quality of service.Other Office Fees — ServiceFeeNotarial Capacity Certificate . 18.00Duplicate Commission Certificate . 18.00Expedite Fee . 25.00Change of Mailing or Home AddressIf notification made within 30 days of change . No ChargeIf notification is NOT made within 30 days of change . 25.00 (penalty)PAYMENT OF FEES: An applicant, private or public entity, the state or any of its political subdivisionsmay pay the fees and costs to commission a notary public. Payment of fees and other associatedcosts does not constitute ownership of a notary public’s commission [A.R.S. § 41-312(C)].Processing ConsiderationsApplication ApprovalIf an applicant meets the requirements he or she shall be approved and commissioned within 30 days of application receipt date.Application DeniedIf an applicant does not meet the requirements he or she will be notified of the denial within 30 daysof application submission.Application RejectedIf an applicant has failed to produce required documents or hasan error on the application, he or she will be notified by the officeto provide the missing documents or correct the error. Notification will be mailed to the applicant’s address as submitted on thenotary application.An applicant may re-file for a Notary commission if rejected for an error. Refer to the check list returned for information and follow the instructions on how to correct the error.Be onTarget6 TO CORRECT THE ERROR, COMPLETE A NEW WEB APPLICATION.Do NOT make corrections on the rejected application. RETURNthe rejection cover sheet, original bond (with rider if applicable),the NEW WEB APPLICATION, and the filing fee listed above.Department of State, Office of the Secretary of StateBusiness Services Division
Chapter 2CommissionRights and Responsibilities pp.7-8Certificates p.8Amendments p.10Renewal p.10Resignation p.11Expiration or Notary Death p.11Surrender of Journal and Seal p.11Commission Law Violations pp.12-13Complaints p.14Notary Training p.14Key to SuccessA notary’s best defenseagainst errors isknowledge and training. The office offers free notaryworkshops at our offices in Phoenix and Tucson.Sign up for a workshop online atwww.azsos.gov.Rights and ResponsibilitiesNotary CommissionsBefore a person can begin notarizing documentsthe applicant must be appointed andcommissioned by the Secretary of State.WHEN CAN I START TO NOTARIZEDOCUMENTS?The duties of the office of an Arizona notary public canonly be performed when the applicant has ALL of thebelow items: An original notary bond and notary application onfile with the Arizona Secretary of State’s office;An original commission certificate from the ArizonaSecretary of State’s office;A notary public seal; andA notary public journal.COMMISSION DUTIESDuties are specified in A.R.S. § 41-313(A) on pages 33 &34.COMMISSION OWNERSHIPPayment of fees and other associated costs does notconstitute ownership of a notary public’s commission[A.R.S. § 41-312(C)].COMMISSIONS ARE NON TRANSFERABLECommissions cannot be transferred between persons,nor can they be transferred to another state.WORKPLACE CONSIDERATIONSLIMITATIONS: An employer of a notary public may notlimit the notary public’s services to customers or otherpersons designated by that employer[A.R.S. § 41- 312(C)(3)]. Notaries are bound by Arizonalaw.Notarizations can be performed outside the workplaceregardless of whether a private or public entity paysfor a notary public’s commission.COMMISSION TERMSAn Arizona notary public serves a four-year term.More about Rights and Responsibilities — Continued on next page7
Chapter 2 Arizona Notary Public Reference ManualA WORD ABOUTBONDING AGENTS If a bonding agent uses an out-of-state vendor to obtain anotary seal, that vendor is stillrequired to obtain a copy ofthe commission certificatebefore making a notary seal.By making Arizona notaryseals, the vendor is bound byArizona law and needs toreceive, and keep on file forfour years, a copy of thecommission certificate (A.R.S.§ 41-321).EMBOSSERS A notary public may use anembosser, sometimes referredto as a crimper, but may onlydo so in conjunction with theuse of a rubber stamp notaryseal.DUPLICATECERTIFICATES Notification: A notary wholoses or inadvertently destroysa commission certificate mayrequest a duplicate certificatefrom the Secretary of State’soffice. The notary should putthe request in writing.Fee: See page 6Failure to comply: There is norequirement topost a certificateunder the law. Anotary certificate isproof that anArizona residenthas been commissioned as anArizona notary, it thereforeshould be readily available tocustomers who request suchidentification. It is prudent thatthe notary contacts the officeas soon as possible for areplacement certificate [A.R.S.§ 41-311(2)].WORKPLACE CONSIDERATIONS ContinuedWORKPLACE TERMINATION: If a notary public’s employment is terminated or he or she leaves employment, the notary public may: Maintain his or her commission,Resign his or her commission, orLet the commission expire.If the notary public chooses to resign or let the commission expire he or she shall follow the procedures stated in this manual to surrender his or her notary seal and journal to the Secretary of State’soffice. The notary public must also send in a Notary Public Address/Name Change form to inform theSecretary of State of this change.JOURNAL POSSESSIONRegardless of whoever pays for a notary public’s commission, whetherit be the notary or his or her employer, the notary public’s seal andjournal are the property of the notary public if the journal containspublic records. The
e-mail: notary@azsos.gov THIS MANUAL BELONGS TO: Definition of a Notary IF FOUND, PLEASE RETURN BY CALLING: I A message from Secretary of State Michele Reagan am pleased to present to you the 2018 edition of the Arizona Notary Public Reference Manual. Our office has received a lot of positive feedback about this manual since it was
The Notary Reference Guide provides the applicable notary stamp and/or notary embosser for each state (see Available Item Numbers column). Please note that there are 13 specific notary stamp Item Numbers from which to choose. It is unnecessary to add an upcharge or additional fee to the customer’s notary stamp purchase.
Division of Revenue – New Jersey Notary Public Manual Page 1 NEW JERSEY NOTARY PUBLIC MANUAL (Revised January 29, 2021) Introduction The office of Notary Public is a vital public function. Notaries are called upon to perform many valuable services for New Jersey's business, legal and financial communities. Effective notary services help to
8-16-113. Title of notary public for the state of Tennessee. Any notary public fulfilling the requirements of this part shall be known as a notary public for the state of Tennessee, and the official signature of such notary public shall so indicate. 8-16-114. Seal of notary public
Feb 28, 2005 · the notary stamp of a notary who will be employed during the hours of operation of the agent service. The owner of the agent service may be the notary. A card agent must be a notary. v If verification in lieu of notarization is used, then a notary is not required for agents with an 85, 86
The notary public bond is not an insurance policy for the notary public. The bond is designed only to provide a limited source of funds for paying claims against the notary public. The notary public remains personally liable to the full extent of any damages sustained and may
Feb 23, 2017 · (Notary Public Manual, 2016, Pg. 7) a. §456-6 Liabilities; limitations on; official bond. For the official misconduct or neglect of a notary public or breach of any of the conditions of the notary’s official bond, the notary and the surety on the notary’s official bond shall be li
"Notary" or "Notary Public" means an individual appointed and commissioned to perform a notarial act by the Secretary of State (C.R.S. 24-21-502(8)). A "Notarial Officer" means a notary public or other individual authorized to perform a notarial act (C.R.S. 24-21-502(7)).
D. Writing Requirement and Waiver of Final Exam The University has a writing requirement for all graduate degrees. The M.E. degree requires the preparation and defense of a report, which might be from one of the classes on the degree plan or be the result of CVEN 685: Directed Studies.
