ARIZONA Notary Public Reference Manual

1 ARIZONA Notary Public Reference Manual ARIZONA Secretary of State s Office Business services Division 1700 W. Washington St., 7th Floor Phoenix, ARIZONA 85007 New Web Application Available August 2018 2 ARIZONA Notary Public Reference Manual Department of State, Office of the Secretary of State Business services Division 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.

2 This Manual may be reproduced for private use. It shall not be used or reproduced for commercial purposes. 2018 ver. 08-3-2018 The office strives for accuracy in our publications. If you find an error, please contact us at (602) 542-6187. Disclaimer >> The Office cannot offer legal advice or otherwise offer recommendations on document preparation. The Office advises consultation with an attorney in such cases. Contact us >> Mailing address for all correspondence or filings: The Honorable Michele Reagan Secretary of State 1700 W. Washington Street, Fl. 7 Phoenix, AZ 85007-2808 Attention: Notary Section Telephone: (602) 542-6187 Fax: (602) 542-4366 Web site: e-mail: THIS Manual BELONGS TO: IF FOUND, PLEASE RETURN BY CALLING: A message from Secretary of State Michele Reagan I am pleased to present to you the 2018 edition of the ARIZONA Notary Public Reference Manual .

3 Our office has received a lot of positive feedback about this Manual since it was updated several years ago. We understand there is always room for improvement, and we ve listened to your suggestions. Based on Notary s responses we have revised this Manual once again to include even more con-cise explanations of ARIZONA Notary law and simplified the section with your duties as a Public official and commission. Be on Target, Key to Success, and How it Works sections give quick and helpful explanations. The Penalty whistle immediately informs you about compliance and possible penalties a Notary may receive under ARIZONA law.

4 A dollar sign icon informs you of any fees that may be associated with a Notary Public duties. I hope you find these improvements useful to your service as an ARIZONA 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 Notary commission, please call (602) 542-6187. Sincerely, MICHELE REAGAN ARIZONA Secretary of State DEFINITION OF A Notary An ARIZONA Notary Public is a Public officer commissioned by the Secretary of State to perform notarial acts.

5 A Notary is an impartial witness ( 41-328(B)). An impartial witness must have no conflict of interest. Table of Contents 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 Chapter 3.

6 Notarial Duties 15 Chapter 4. Notarial Acts 25 Chapter 5. Notarial Law and Rules 31 Chapter 6. Sample Certificates 50 Index 55 3 Qualifications How to apply Application Form Notary Bonds Fees Schedule Processing Considerations Application Approval Rejection Notary Application Process The Basics I n ARIZONA .

7 A Notary Public is a Public officer commissioned by the Secretary of State to perform notarial acts, as defined in the ARIZONA Revised Statutes (see Chapter 5). A Notary , in essence, serves as an impartial witness pursuant to 41- 328(B). Government offices, businesses and the Public rely on the accuracy and integrity of notaries Public . This means the Notary should take the required steps to authenticate signatures and ensure that all notarizations are properly completed and performed. Many documents require a notarization in an effort to deter fraud, to prove the authenticity of the signature and to ensure that a signature was made willingly and not under duress.

8 Therefore, it s essential that a Notary accept a valid form of identification, as defined in statutes, to determine that a signer is who he or she claims to be. Because the prevention of fraud and deception is central to the Notary s role, it is essential that a Notary have no conflict of interest when notarizing a document. In other words, a Notary Public cannot be a party to the transaction or a party to the instrument. The Notary may have no financial or beneficial interest in the transaction, no matter how small. Moreover, in ARIZONA , notaries Public are prohibited from notarizing his or her own signature, as well as the signature of any person who is related to the Notary by marriage or adoption [ 41-328(B)].

9 Additionally, the Notary should keep in mind that notarizing a document for any family member could call into question a Notary s impartiality in the transaction; therefore, this practice is discouraged. A notarization on a document indicates that a Notary Public has taken all reasonable steps to verify a signer s identity before nota-rizing that person s signature. Addi-tionally, if the notarization performed is a jurat, the document signer also is required to swear/affirm to the truthfulness of the document. Key to Success Chapter 1 4 Chapter 1 ~ ARIZONA Notary Public Reference Manual 4 Department of State, Office of the Secretary of State Business services Division PRIMARY RESIDENCY >> A person can have only ONE primary residence at any time.

10 To be considered an ARIZONA resident one of the following conditions must be met: If the applicant lives within ARIZONA s borders, claims ARIZONA residence as his or her primary residence for tax purposes (that is, the applicant declares it on state and federal tax returns as a primary residence). OR If the applicant is currently registered to vote in ARIZONA . The fact that an applicant is out of the state for a temporary or transitory purpose would not defeat or nullify ARIZONA residency. On the other hand, if an applicant is in ARIZONA for a temporary or transitory purpose, ARIZONA would not be a primary residence ( 41-312(E)(2)).