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ARIZONA Notary Public Reference Manual

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ARIZONA Notary Public Reference Manual New Web Application Available ARIZONA Notary Public Reference Manual August 2018 Arizona Secretary of State’s Office Business Services Division 1700 W. Washington St., 7th Floor Phoenix, Arizona 85007 Arizona Notary Public Reference Manual About this publication >> This is the Arizona Notary Public Reference Manual. It has been previously referred to in law as the Arizona Notary Public Handbook. It is a publication of the Department of State, Office of the Secretary of State, Business Services Division. This manual may be reproduced for private use. It A message from Secretary of State Michele Reagan shall not be used or reproduced for commercial am pleased to present to you the 2018 edition of the Arizona Notary Public Reference purposes. Manual. Our office has received a lot of positive feedback about this manual since it was © 2018 ver. 08-3-2018 I updated several years ago. We understand there is always room for improvement, and we’ve listened to your suggestions. The office strives for accuracy in our publications. If you find Based on notary’s responses we have revised this manual once again to include even more con- an error, please contact us at (602) 542-6187. cise explanations of Arizona Notary law and simplified the section with your duties as a public Disclaimer >> official and commission. The Office cannot offer legal Be on Target, Key to Success, and How it Works sections give quick and helpful explanations. The advice or otherwise offer recommendations on Penalty whistle immediately informs you about compliance and possible penalties a notary may document preparation. The receive under Arizona law. A dollar sign icon informs you of any fees that may be associated Office advises consultation with an attorney in such with a notary public duties. I hope you find these improvements useful to your service as an cases. Arizona notary. Contact us >> Arizona notaries are required to have a copy of this manual and keep it for reference purposes. Mailing address for all correspondence or filings: If you have any questions about the information in this manual or how to apply for a notary commission, please call (602) 542-6187. The Honorable Michele Reagan Secretary of State Sincerely, 1700 W. Washington Street, Fl. 7 DEFINITION OF A NOTARY Phoenix, AZ 85007-2808 An Arizona notary public is a public officer Attention: Notary Section commissioned by the Secretary of State to Telephone: (602) 542-6187 MICHELE REAGAN perform notarial acts. Fax: (602) 542-4366 Arizona Secretary of State A Notary is an impartial witness (A.R.S. § 41- Web site: www.azsos.gov 328(B)). An impartial witness must have no e-mail: [email protected] conflict of interest. THIS MANUAL Table of Contents BELONGS TO: A Message from Secretary of State Michele Reagan ·························································· 2 Definition of a Notary ·········································································································· 2 Chapter 1. Notary Application Process ················································································ 3 Chapter 2. Notary Commission ···························································································· 7 IF FOUND, PLEASE Chapter 3. Notarial Duties ································································································· 15 RETURN BY CALLING: Chapter 4. Notarial Acts ····································································································· 25 Chapter 5. Notarial Law and Rules····················································································· 31 Chapter 6. Sample Certificates ·························································································· 50 Index ·································································································································· 55 Department of State, Office of the Secretary of State 2 Business Services Division Chapter 1 Key to Success Qualifications p.4 How to apply p.4 A notarization on a Application Form p.4 document indicates Notary Bonds p.5 that a notary public Fees Schedule p.6 has taken all reasonable steps to Processing Considerations p.6 verify a signer’s identity before nota- Application p.6 rizing that person’s signature. Addi- Approval p.6 tionally, if the notarization performed Rejection p.6 is a jurat, the document signer also is required to swear/affirm to the truthfulness of the document. The Basics Notary Application Process n Arizona, a notary public is a public officer Because the prevention of fraud and deception is commissioned by the Secretary of State to central to the notary’s role, it is essential that a perform notarial acts, as defined in the Arizona I notary have no conflict of interest when notarizing a Revised Statutes (see Chapter 5). A notary, in essence, document. serves as an impartial witness pursuant to A.R.S. § 41- 328(B). In other words, a notary public cannot be a “party to the transaction” or a “party to the instrument.” The Government offices, businesses and the public rely on notary may have no financial or beneficial interest in the accuracy and integrity of notaries public. This the transaction, no matter how small. means the notary should take the required steps to authenticate signatures and ensure that all Moreover, in Arizona, notaries public are prohibited notarizations are properly completed and performed. from notarizing his or her own signature, as well as the signature of any person who is related to the Many documents require a notarization in an effort to notary by marriage or adoption [A.R.S. § 41-328(B)]. deter fraud, to prove the authenticity of the signature and to ensure that a signature was made willingly and Additionally, the notary should keep in mind that not under duress. Therefore, it’s essential that a notarizing a document for any family member could notary accept a valid form of identification, as defined call into question a notary’s impartiality in the in statutes, to determine that a signer is who he or transaction; therefore, this practice is discouraged. she claims to be. 3 Chapter 1 ~ Arizona Notary Public Reference Manual PRIMARY RESIDENCY >> A person can have only ONE Qualifications primary residence at any time. The following list includes the legal requirements to become an Arizona notary public. An applicant To be considered an Arizona resident one of the following must: conditions must be met: Be an Arizona resident. (See note to the left) If the applicant lives within Be at least 18 years of age. Arizona’s borders, claims Arizona residence as his or Be able to read and write English. her primary residence for tax purposes (that is, the Be a citizen or a legal permanent resident of the United States [A.R.S. § 41 -312 (E)(2)]. (See note, applicant declares it on left) state and federal tax returns as a primary Not have a conviction for a felony unless civil rights have been restored, or a conviction for a residence). OR lesser offense involving moral turpitude or of a nature that is incompatible with the duties of a If the applicant is currently notary public. registered to vote in Arizona. HONESTY AND MISCONDUCT If you have had a professional The fact that an applicant is license revoked or suspended for misconduct or dishonesty or any out of the state for a cause that substantially relates to the duties or responsibilities of a temporary or transitory notary public, or if you have had your notary commission revoked, purpose would not defeat or the Secretary may refuse to grant you a commission. nullify Arizona residency. On the other hand, if an applicant is in Arizona for a temporary How to Apply ~ Notary Applicants or transitory purpose, Arizona would not be a primary residence (A.R.S. § 41-312(E) Whether a first-time applicant, or a notary that is requesting to be re-commissioned an applicant (2)). shall: CITIZENSHIP >> Arizona law requires an 1. Complete an online web-based application located on the Secretary of State’s website Arizona notary public to be a (www.azsos.gov). You must print the application and sign it. You cannot submit the application citizen or a legal permanent resident of the United States. online. MILITARY NOTARIES>> 2. Obtain a notary bond BEFORE submitting the application for processing. Fees are associated with How it works this requirement. Commissioned vs. non- commissioned officers 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. Commissioned officers in the U.S. armed forces are federal- ly commissioned to perform 4. Ensure that printed name and signature on the application match the printed name and signa- notarial functions for other tures on the bond. members of the armed forces and the other member’s de- pendents (Attorney General All three must be submitted together in order to be processed. Opinion I97-011) Non-commissioned officers in FORM INSTRUCTIONS the U.S. armed forces must meet the qualifications listed Instructions are included throughout the web-based application. If there are no errors on the in this chapter to become an submitted application, processing may take up to four weeks once RECEIVED by the Office of the Arizona notary public. Secretary of State. How to Apply — Continued on next page Department of State, Office of the Secretary of State 4 Business Services Division Arizona Notary Public Reference Manual ~ Chapter 1 2. Notary Bonds ERRORS
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