Arizona - U.S. Notary Reference
Last Update: October 2, 2025
QUICK FACTS
Notary Jurisdiction
Statewide (ARS 41-258.A).
Notary Term Length
Four years (ARS 41-269.E).
Notary Bond
$5,000, with surety approved by the Secretary of State (ARS 41-269.D and AAC R2-12-1103).
Notary Seal
Required (ARS 41-264.B).
Notary Journal
Required for paper notarial acts and permitted for in-person electronic and remote notarial acts (ARS 41-319).
ADMINISTRATION AND RULES
Commissioning and Regulating Official
Arizona’s Secretary of State appoints, regulates and maintains records on the state’s Notaries (ARS 41-269.E and 41-271).
Contact Information
Address
Phoenix Office
Office of Secretary of State
Business Services Division
Notary Section
1700 West Washington Street, 7th Floor
Phoenix, AZ 85007-2808Tucson Office
Arizona State Complex Building
400 West Congress
First Floor, Suite 141
Tucson, AZ 85701
Phone: 602-542-6187 (Phoenix)
520-628-6583 (Tucson)Website: https://azsos.gov/business/notary
Laws, Rules and Guidelines
Laws
Arizona Revised Statutes: Most Notary laws are in the Arizona Revised Statutes (ARS), Title 41, Chapter 2, Article 1 (“Revised Uniform Law on Notarial Acts”) and 2 (“Notaries Public”), and Title 33, Chapter 4, Article 6 (“Acknowledgments”).
Citations: Citations to the Statutes in this chapter follow this convention: ARS, title, section, and any paragraph and subparagraph within the section, if any, separated by periods. Example: ARS 41-271.A.2.
Rules
Arizona Administrative Code: Rules regulating Notaries are in the Arizona Administrative Code (AAC), Title 2, Chapter 12, Article 11 (“Notary Public Bonds and Fees”), Article 12 (“Electronic Notary”) and Article 13 (“Remote Online Notarization”).
Citations: Citations to the Code in this chapter follow this convention: AAC, R, title, chapter, section, and any paragraph and subparagraph within the section, if any, separated by periods. Example: AAC R2-12-1103.A.
Guidelines: Additional guidelines for Notaries Public may be found in the “Notary Public Reference Manual” (RM) (April 2025) issued by the Secretary of State and available on the website.
COMMISSION AND APPOINTMENT
Commission Process
Qualifications: An applicant for a commission as an Arizona Notary Public must (ARS 41-269.B; RM):
(a) be at least eighteen years of age,
(b) be a citizen or a legal permanent resident of the United States,
(c) either be a resident of Arizona state for income tax purposes and claim his or her Arizona residence as the primary residence on state and federal tax returns, or be registered to vote in Arizona,
(d) be able to read and write English, and
(d) not be disqualified to receive a commission under ARS 41-271.
In addition, the Secretary of State may reject an application if it contains a fraudulent, dishonest or deceitful misstatement or omission (ARS 41-271.A.2).Course: Not required, although “[i]f the secretary of state requires an examination under subsection A of this section, the secretary of state or an entity approved by the secretary of state may offer a course of study to applicants who do not hold commissions as notaries public in this state, applicants who are renewing commissions as notaries public or notaries public with suspended commissions” (ARS 41-270.B).
Reference Manual: Every Notary must “[k]eep as a reference a manual that is approved by the secretary of state and that describes the duties, authority and ethical responsibilities of a notary public” (ARS 41-269.B.7). This manual must be read before applying for a Notary commission. The “Arizona Notary Public Reference Manual” may be downloaded from the Secretary of State’s website.
Exam: Required effective July 1, 2025.
Statutory Provision: “The secretary of state may require an applicant for a commission as a notary public who does not hold a commission in this state, an applicant who is renewing a commission as a notary public or a notary public with a suspended commission to pass an examination administered by the secretary of state or an entity approved by the secretary of state” (ARS 41-270.A).
Provider: The exam is available at any Prometric test site and remote exam options are available (RM)
Passing Score: The exam is 40 multiple-choice questions, and a passing score is 80% (RM).
Validity: The exam score is valid for 90 days after achieving the passing score (RM)
Retakes: Applicants who fail must wait 30 days before retaking exam. Applicants who fail three times must wait 1 year before retaking the exam.
Fee: $46.75 paid to Prometric.
Application
Pass Examination First: The “Arizona Notary Public Reference Manual” states that an applicant for a Notary commission must take and pass the examination (effective July 1, 2025) before submitting the application.
Online Application: Effective June 22, 2015, all applicants for an Arizona Notary commission must apply online. The initial phase of the application process consists of questions about the applicant. Using this information, the system will generate PDF files of the application and bond form, which applicants must then print out (website, “Become a New Arizona Notary Public”). The applicant must provide a physical home address on the application.
“Old” Applications: The “Arizona Notary Public Reference Manual” states: “Notary applications cannot be older than 90 days. Applicants with applications older than 90 days must generate a NEW application.”
Fee: Applicants also must submit a total fee of $43, which includes processing the application and filing the bond and oath of office (ARS 41-126.A.2; 41-126.A.11).
ARS 41-126.B.2 provides that the Secretary of State may charge $25 to expedite the processing of a Notary Public application and the Secretary offered this service in the past. Currently, however, the Secretary does not offer expedited Notary commission application processing.Bond and Oath: Before submitting the application, applicants are required to obtain a $5,000 bond from a state licensed surety. The bond form (see “Bond,” below) includes the required oath of office, which applicants must sign and swear to in front of a Notary Public or other oath-administering official. The name and signature on the bond form must exactly match the name and signature on the commission application. Applicants must then submit their completed application, notarized oath and $5,000 bond to the Secretary of State. All documents submitted must be originals; photocopies of an application or bond form are not acceptable (AAC R2-12-1103.A-B; RM).
Processing Time: Once all materials and fees have been received and processed, the Secretary of State issues the commission certificate (ARS 41-269.E). The standard time for processing an application and filing the oath and bond is four weeks (website).
Background Screening: Not required.
Privacy: “An applicant’s name and business address are public information. If an applicant has no business address, he or she must list another address in the space provided for the business address, such as a home address or a P.O. Box. The applicant should remember that this will be public record when preparing the application. All other information on the application form is confidential. Only the applicant, the applicant’s representative or a public officer acting in an official capacity can view the application. The request must be put in writing on letterhead to our office [A.R.S. § 41-269(A)]” (RM).
Nonresidents: Persons who do not have a primary residence in Arizona for income tax purposes do not qualify for a Notary commission in the state (ARS 41-312.B.3).
Reappointment: There is no automatic renewal process for a commission. Notaries wishing to renew their commission must go online to initiate the renewal process (website, “Renew My Notary Commission”).
“Notaries public may submit a renewal application, new bond and filing fees to the Secretary of State’s office up to 60 days prior to the expiration of a commission. Notaries public may continue to notarize until 11:59 pm of the expiration date of a current commission” (RM).
“Notaries renewing their commissions after July 1, 2025 must take and pass the Arizona Notary exam prior to filing a renewal application” (RM).No Immunity or Benefit: “A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by the laws of this state on public officials or employees” (ARS 41-269.F).
Registration to Perform In-Person Electronic and Remote Notarial Acts
In-Person Electronic Notarial Acts
Application for Registration: Arizona Administrative Code R2-12-1203.A covers the requirements to register to receive authorization to perform in-person electronic notarial acts. An applicant must complete and submit an application form to the Secretary of State online. The application must include a description of the technologies or devices that the applicant intends to use to perform remote online notarizations, as well as certain other information, as specified.
Term of Registration: “The term of the commission for electronic notarization shall be the same as the term of the notary’s existing notary commission” (AAC R2-12-1203.H).
Adding Vendors: “If, during the term of a notary public’s commission, the notary public intends to use the technologies of another vendor or person than those identified under subsection (A)(3) and (4), then an additional application or amendment identifying such other vendors or other persons must be submitted to the Secretary of State as provided in this section” (AAC R2-12-1203.C).
Renewal Registration: “The renewal of the commission of a notary public who has previously received authorization to perform electronic notarizations does not constitute renewal of such authorization to perform electronic notarizations. Applicant shall submit another application as provided under [AAC R2-12 1203] subsection (A) and must receive authorization from the Secretary of State in order to continue to perform electronic notarizations” (AAC R2-12-1203.I).
Technology Updates: “Nothing herein shall be construed to prohibit a notary public from receiving, installing, or using hardware and/or software updates to the technologies that the notary public identified under [AAC R2-12-1203] subsection (A) if the hardware and/or software update does not result in technologies that are materially different from the technologies that the notary public identified previously” (AAC R2-12-1203.J).
Remote Notarial Acts
Requirement: “Before a notary public performs the notary public’s initial notarial act under this section, the notary public must notify the secretary of state that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the secretary of state has established standards under subsection G of this section and section 41-275 for approval of communication technology or identity proofing, the communication technology and identity proofing must conform to the standards” (ARS 41-263.F).
Application for Registration: Arizona Administrative Code R2-12-1304 covers the requirements to register to receive authorization to perform remote online notarizations. An applicant must complete and submit an application form to the Secretary of State online. The application must include a description of the technologies or devices that the applicant intends to use to perform remote online notarizations, as well as certain other information, as specified.
“A notary public of this state may perform remote online notarizations during the term of the notary public’s commission if:
“1. The notary public has received written authorization from the Secretary of State to perform remote online notarizations under this Article; and
“2. The Secretary of State has not terminated or revoked such authorization” (AAC R2-12-1302).
“A notary public who is authorized to perform remote online notarizations under subsection (A) may also perform electronic notarizations under Article 12” (AAC R2-12-1302.B).Renewal of Registration: “The renewal of the commission of a notary public who has previously received authorization to perform remote online notarizations does not constitute renewal of such authorization. Applicant shall submit another application as provided under subsection (A) and must receive authorization from the Secretary of State in order to continue to perform remote online notarizations” (AAC R2-12-1304.I).
Additional and Updated Technologies: “If, during the term of a notary public’s commission, the notary public intends to use the technologies of another vendor or person than those identified under subsection (A)(3) and (4), then an additional application or amendment identifying such other vendors or other persons must be submitted to the Secretary of State as provided in this section” (AAC R2-12-1304.C).
Term: “The term of the commission to perform remote online notarization shall be the same as the term of the notary’s existing notary commission” (AAC R2-12-1304.H).
Technology Updates: “Nothing herein shall be construed to prohibit a notary public from receiving, installing, or using hardware and/or software updates to the technologies that the notary public identified under subsection (A) if the hardware and/or software update does not result in technologies that are materially different from the technologies that the notary public identified previously” (AAC R2-12-1304.J).
Online Search
The Arizona Secretary of State’s website (https://apps.azsos.gov/apps/notary/search/) allows the state’s roster of Notaries to be searched by commission number, first and last name, business name, business zip code, county of residence, or commission expiration date.
Jurisdiction
“Any of the following may perform a notarial act in this state … [a] notary public of this state” (ARS 41-258.A.1).
Term Length
“The secretary of state may appoint notaries public in each county to hold office for four years …” (ARS 41-269.E).
Bond
Requirement: “Before issuance of a commission as a notary public, the applicant for a commission shall submit to the secretary of state an assurance in the form of a surety bond in the amount of $5,000. The assurance must be issued by a surety or other entity licensed or authorized to do business in this state. The assurance must cover acts performed during the term of the notary public’s commission and must be in the form prescribed by the secretary of state. If a notary public violates any law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance. The surety or issuing entity shall give thirty days’ notice to the secretary of state before canceling the assurance. The surety or issuing entity shall notify the secretary of state not later than thirty days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the secretary of state. An employer may not cancel the assurance of any notary public who is an employee and who leaves such employment” (ARS 41-269.D).
The bond must be effective for four years, beginning exactly on the effective date of the Notary’s commission. The bond’s effective date may not overlap the expiration date of any previous bond, even by one day. Finally the bond must not be issued more than 60 days before or 60 days after the Notary commission is initiated (AAC R2-12-1103.A; RM).Duplicate Bond: “Applicants must purchase bonds in duplicate. The original bond shall be submitted to the Secretary of State with the notary application and the duplicate copy is to be retained by the applicant as stated in the application instructions” (RM).
Employers May Not Cancel Bond: “An employer may not cancel the assurance of any notary public who is an employee and who leaves such employment” (ARS 41-269.D).
Changes of Status
Address Change: “Within thirty days after the change of a notary public’s mailing, business or residential address, the notary public shall deliver to the secretary of state, by certified mail or other means providing a receipt, a signed notice of the change that provides both the old and new addresses” (ARS 41-323.A). For any Notary’s failure to comply, the Secretary of State may impose a civil penalty of $25 (ARS 41-323.C). Address changes may be reported on the Secretary’s website.
Name Change: “A notary public who has a change of surname may continue to use the official stamp and commission in the notary public’s prior name until that commission expires. The notary public shall sign the changed surname on the line that is designated for the notary public’s signature on the notarial certificate. Immediately below that signature, the notary public shall sign the name under which the notary was commissioned. The notary public shall notify the secretary of state’s office within thirty days after the notary public’s change of surname. Failure to notify the secretary of state of this change of surname is evidence of the notary public’s failure to fully and faithfully discharge the duties of a notary public” (ARS 41-327). Name changes may be reported on the Secretary’s website.
Notaries who wish to change their name without waiting for their current commission to expire may do so by applying for a new commission. “If choosing this option, notary must first resign the current commission, then reapply using the renewal option. Follow the instructions below under ‘Commission Renewal’ to apply for a commission under your new name. Proof from the bonding company that the previous bond has been cancelled must also be included” (RM).Resignation: “A notary shall submit the notary’s resignation in writing to the secretary of state” (ARS 41-317.A).
Upon resignation, Notaries have three months to deliver their seals and any journals that contain public records to the Secretary of State. Delivery must be made by certified mail or some other means that provides a receipt. Notaries who fail to comply may be fined between $50 and $500 by the Secretary (ARS 41-317.B). Notaries may begin the resignation process on the Secretary’s website.In-Person Electronic Notarial Act Requirements: “Upon resignation, revocation, or expiration of the notary public’s commission, the notary public’s electronic seal (including any coding, disk, digital certificate, card, software, or password that enables the notary public to attach or logically associate the electronic seal to an electronic record) shall be destroyed or disabled to prohibit its use by any other person” (AAC R2-12-1206.C).
NOTARIAL ACTS
Authorized Acts
Notarial Acts: Notaries Public may perform the following notarial acts (ARS 41-251.6):
Take acknowledgments;
Administer oaths and affirmations;
Take verifications on oath or affirmation;
Witness or attest signatures;
Perform copy certifications; and
Note protests of negotiable instruments.
In-Person Electronic and Remote Notarial Acts: Notaries Public who have registered with the Secretary of State the intent to perform technology-based notarial acts may perform in-person electronic and remote notarial acts.
Acknowledgments
Definitions
Acknowledgment: “‘Acknowledgment' means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (ARS 41-251.1).
In a Representative Capacity: “'In a representative capacity' means acting as any of the following:
“(a) An authorized officer, agent, partner, trustee or other representative for a person other than an individual.
“(b) A public officer, personal representative, guardian or other representative, in the capacity stated in a record.
“(c) An agent or attorney-in-fact for a principal.
“(d) An authorized representative of another in any other capacity” (ARS 41-251[5]).
Requirements
Identity of Principal: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed …” (ARS 41-253.A).
Signature of Principal: “A notarial officer who takes an acknowledgment of a record shall determine … that the signature on the record is the signature of the individual” (ARS 41-253.A).
According to the “Arizona Notary Public Reference Manual”:
“The signer acknowledges his or her signature; the notary verifies the signer’s acknowledgment;
“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 the notary’s presence.
“Because the notary is attesting to the genuineness of the signature, the notary 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” (RM).Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (ARS 41-251.1):
Signature: The individual must acknowledge that “the individual signed a record for the purpose stated in the record….”
Representative Capacity and Authority: If the individual has or is signing the record in a representative capacity, the individual must declare “that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.”
Oaths and Affirmations
Definition: “An oath means the signer or credible person is swearing to a supreme being (for example: God)” (RM).
Requirements: “A notary should ask the signer or credible person to … [r]aise his or her right hand. If for any reason a right hand cannot be raised, then the signer shall raise their left hand. If for any reason a left hand also cannot be raised, then the oath or affirmation should be given as follows:
“Ask the signer or credible person to either:
”1. Repeat the oath statement as stated in the sample oaths; OR
”2. Answer the question as stated in the sample oaths” (RM).
Verifications on Oath or Affirmation
Definition: “‘Verification on oath or affirmation' means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (ARS 41-251.16).
Requirements
Identity of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine … [f]rom personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed …” (ARS 41.253.B.1).
Signature of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine … that the signature on the statement verified is the signature of the individual” (ARS 41.253.B.1).
Complete Record: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine … [t]hat the record that contains the statement verified is complete to the best of the notarial officer’s knowledge” (ARS 41.253.B.2).
“Because a signer is swearing or affirming that the information is true, the record must be complete to the best of the notary’s knowledge [A.R.S. § 41-253(B)]. There should be no blank spaces in the document” (RM).Oath/Affirmation: The short form certificate of notarial act for a verification on oath or affirmation states, “Signed and sworn to (or affirmed) before me …” (ARS 41-265.3) indicating that the Notary Public performing the verification must administer an oath or affirmation to the principal.
Witness Signature: The short form certificate of notarial act for a verification on oath or affirmation (ARS 41-265.3) states, “Signed and sworn to (or affirmed) before me …” (ARS 41-265.3) indicating that the Notary Public performing the verification must personally witness the principal sign the record.
Signature Witnessings and Attestations
Definition: “A witnessed or attested signature [is] the notary's statement that person signing the document signed the document in your presence. The signor does not make an oath or affirmation and nor do they acknowledge their signature” (RM).
Requirements
Identity of Principal: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed” (ARS 41-253.C).
Witness Signature: The short form certificate of notarial act for a signature witnessing (ARS 41-265.4) states, “Signed (or attested) before me …” indicating that the Notary Public performing the signature witnessing must personally witness the principal sign the record and take the oath or affirmation.
Secretary of State Guidance: The “Arizona Notary Public Reference Manual” clarifies that a document requiring a witnessed or attested signature may be signed outside the Notary Public’s physical presence: If the document was pre-signed, the notary should compare the journal signature against the signature on the document. If the document has not yet been signed, upon verifying the signer’s identity, the notary should have the signer sign the document” (RM).
Acknowledgments vs. Signature Witnessing or Attestation: “The process for acknowledgement vs. witnessing or attesting a signature is exceedingly similar. Be sure to the correct certificate for the notarization the customer wishes to have” (RM).
Copy Certifications
Requirements: “A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item. Except as required under section 41-319, a notarial officer may not certify or attest a copy of a public record of this state” (ARS 253.D).
According to the “Arizona Notary Public Reference Manual,” the Notary must have access to a copy machine so he or she may personally make the photocopy, as Notaries may not certify a copy provided by a requestor. The Notary must verify that the document presented is an original document, as Notaries may not certify a copy of a copy or of a certified copy. Finally, the Notary must confirm that the document presented is not a public record or a publicly recordable document, examples of which include marriage and divorce records, birth and death certificates, court records and real property deeds.Paper-Printout Copy Certifications: “A notarial officer may certify that a tangible copy of an electronic record is an accurate copy of the electronic record” (ARS 41-252.C).
Protests
Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (ARS 47-3505.B).
Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in section 47-3505, subsection B” (ARS 41-253.E).
“[A protest] may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (ARS 47-3505.B).Secretary of State Guidance: “It is rare for a person to protest a negotiable instrument…. It is a best practice that a notary who is employed by a financial institution operating within the scope of their employment note a protest of a negotiable instrument” (RM).
In-Person Electronic Notarial Acts
Definition: “'Electronic notarization' or ‘electronic notarial act’ means a notarial act performed with respect to an electronic record in accordance with this Article while the signer is in the physical presence of the notary public” (AAC R2-12-1201.5).
Remote Notarial Acts
Definition: “'Remote online notarization' or ‘remote online notarial act’ means a notarial act performed by means of communication technology” (AAC R2-12-1301.16).
STANDARDS OF PRACTICE
Personal Appearance
Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer” (ARS 41-254.A).
“If a notarial act involves a translator under section 41-253, subsection F, the translator shall appear personally before the notary public” (ARS 41-254.B).Remote Notarial Acts: “A remotely located individual may comply with section 41-254 by using communication technology to appear before a notary public” (ARS 41-263.A).
Identification
Notarial Acts: A Notary Public must either have personal knowledge or satisfactory evidence of the identity of a person for whom an acknowledgment, verification on oath or affirmation, or signature witnessing is performed. As described below, satisfactory evidence consists of documentary identification or the oath or affirmation of a credible witness.
Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (ARS 41-255.A).
Documentary Identification
General Rules: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the officer can identify the individual:
“1. by means of:
“(a) An unexpired United States passport or a state-issued driver license or nonoperating identification license.
“(b) An unexpired identification card issued by any branch of the United States armed forces.
“(c) Another form of unexpired government identification issued by the United States, a state or a tribal government to an individual that contains the signature or a photograph and physical description of the individual and that is satisfactory to the notarial officer.
“(d) An inmate identification card issued by the state department of corrections or federal bureau of prisons, if the inmate is in state or federal custody.
“(e) An inmate identification card issued by a county sheriff, if the inmate is in the custody of the county sheriff” (ARS 41-255.B.1).Real Estate: “In addition to subsection B of this section, for the purposes of a real estate conveyance or financing, a notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the notarial officer can identify the individual by means of either of the following:
“1. An unexpired passport issued by a national government other than the United States government that is accompanied by an unexpired visa or other documentation issued by the United States government and that is necessary to establish the individual’s legal presence in the United States.
“2. An unexpired identification card that is deemed acceptable by the United States department of homeland security to establish the individual’s legal presence in the United States and that is accompanied by supporting documents as required by the United States department of homeland security” (ARS 41-255.C).
Specifically in reference to the types of ID that are acceptable solely for the purposes of a real estate conveyance or financing, the “Arizona Notary Public Reference Manual” adds the following: “Although subject to change, examples might include:
”Passports without visas from qualified individuals who are visiting from countries participating in the Visa Waiver Program. Visit http://www.state.gov for a list of such countries.
”Identification accepted from certain visitors from Canada and Mexico under the Western Hemisphere Travel Initiative. (www.cbp.gov/travel/uscitizens/western-hemisphere-travel-initiative) for more information.”Consular Identification Cards: The “Arizona Notary Public Reference Manual” lists a consular identification cared issued by a foreign government as satisfactory evidence of identity. A consular ID must be unexpired and contains the customer’s signature and photograph, date of birth,and date of issue and expiration. In addition, the “Manual” provides that the “issuing agency must use biometric identity verification techniques including fingerprint identification and retina scans.”
Additional Information or Credentials: A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the notarial officer of the individual’s identity” (ARS 41-255.D).
Fraudulent Identification: “It is recommended that Arizona notaries public learn how to detect fraudulent and false identification presented to them” (RM).
“The Arizona Department of Liquor Licenses and Control has guidelines on how to check IDs. They suggest not using ambient lighting but to have on hand: a flashlight, black UV light (to check security features), and a magnifying glass (to check security features)” (RM).
Electronic Identification
Authorization: “A notary may notarize a document if the signer provides proof of identify via the official mobile I.D. app issued by the jurisdiction” (RM).
Description: Several states, including Arizona, have issued “mobile driver’s licenses and state IDs” that are in electronic form. The state authority issuing driver’s licenses and state IDs requires a holder to apply for the electronic version of their license or ID and, depending on the state, either add it to the wallet app of the holder’s iPhone or Android phone or download the authority’s official app through the Apple App or Google Play store. The mobile driver’s license is “provisioned” to the official app. The Arizona Secretary of State states that this “official mobile I.D. app issued by the jurisdiction” is the only way to access the person’s mobile driver’s license or ID (you can’t view a photo of an ID saved to a person’s camera roll). Typically the way this is done is by the holder “sharing” their ID with a Notary either by placing their phone near the holder’s phone or by the holder sharing a QR code the Notary can scan to view the holder’s mobile ID on their device. The holder can determine the information from their ID to share. Once the Notary views the mobile ID, it is erased from the Notary’s device. Mobile driver’s licenses are comply with a specific international technical specification adopted by the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC).
Credible Witness: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the officer can identify the individual … [b]y verification on oath or affirmation of a credible witness personally appearing before the notarial officer and known to the notarial officer or whom the notarial officer can identify on the basis of satisfactory evidence of identity pursuant to paragraph 1 of this subsection” (ARS 41-255.B.2).
“There are two types of credible persons:
”1. The first is someone whom the notary knows and who knows the signer. Satisfactory evidence of identity of the credible person in this case is personal knowledge. The credible person is then placed under oath to swear or affirm that the signer has the identity claimed.
”2. The second is someone whom the notary does not know personally but who personally knows the signer. The credible person must present the notary with an ID card that meets the requirements listed on page 17 [of the ‘Arizona Notary Public Reference Manual’]” (RM).
Remote Notarial Acts: A Notary Public must either have personal knowledge or satisfactory evidence of the identity of a remotely located individual for whom an acknowledgment, verification on oath or affirmation, or signature witnessing is performed. As described below, satisfactory evidence consists the oath or affirmation of a credible witness or at least two different types of identity proofing.
Personal Knowledge: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … [t]he notary public has … [p]ersonal knowledge under section 41-255, subsection A of the remotely located individual’s identity” (ARS 41-263.B.1[a]).
Credible Witness: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … [t]he notary public has … [s]atisfactory evidence of the identity of the individual by oath or affirmation from a credible witness appearing before and identified by the notary public under section 41-255, subsection B or this section” (ARS 41-263.B.1[b]).
“a. To be a credible witness, the witness must have personal knowledge of the remotely located individual.
“b. The notary public must have personal knowledge of the credible witness or verify the identity of the credible witness by multi-factor authentication in accordance with subsections (A), (B) and (C).
“c. A credible witness may be outside the physical presence of the notary public or remotely located individual if the notary public, credible witness, and remotely located individual can communicate by using communication technology” (AAC R2-12-1305.D.2).Identity Proofing: “A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if … [t]he notary public has … [s]atisfactory evidence of the identity of the remotely located individual by using at least two different types of identity proofing” (ARS 41-263.B.1[c]).
“'Identity proofing' means a process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (ARS 41-263.I.3; see also AAC R2-12-1301.10).
“[I]dentity proofing must be performed by a reputable third party who has provided evidence to the notary public of the ability to satisfy the requirements of [AAC R2-12-1301 through R2-12-1308]” (AAC R2-12-1305.A).
“Identity proofing must be performed by means of a dynamic knowledge-based authentication assessment” (AAC R2-12-1305.C). “'Dynamic knowledge-based authentication assessment' means an identity assessment of an individual that is based on a set of questions formulated from public or private data sources for which the individual has not provided a prior answer” (AAC R2-12-1301.4).
The assessment is successful if it meets the following requirements:
“1. The remotely located individual must answer a quiz consisting of a minimum of five questions related to the individual’s personal history or identity formulated from public or private data sources;
“2. Each question must have a minimum of five possible answer choices;
“3. At least 80% of the questions must be answered correctly;
“4. All questions must be answered within two minutes;
“5. If the remotely located individual fails the first attempt, the individual may retake the quiz one time within 24 hours;
“6. During a retake of the quiz, a minimum of 40% of the prior questions must be replaced;
“7. If the remotely located individual fails the second attempt, the individual is not allowed to retry with the same online notary public within 24 hours of the second failed attempt; and
“8. The notary public must not be able to see or record the questions or answers” (AAC R2-12-1305.C).
“'Credential analysis' means a process or service that meets the standards established under R2-12-1305 through which a third person affirms the validity of an identification credential through review of public or private data sources” (AAC R2-12-1301.3).
“Credential analysis … must be performed by a reputable third party who has provided evidence to the notary public of the ability to satisfy the requirements of [AAC R2-12-1301 through R2-12-1308]” (AAC R2-12-1305.A).
“Credential analysis must use public or private data sources to confirm the validity of the identification credential that is the subject of remote presentation by a remotely located individual and shall, at a minimum:
“1. Use automated software processes to aid the notary public in verifying the identity of each remotely located individual;
“2. Require the identification credential to pass an authenticity test, consistent with sound commercial practices, that uses appropriate technologies to confirm the integrity of visual, physical, or cryptographic security features and to confirm that the identification credential is not fraudulent or inappropriately modified;
“3. Use information held or published by the issuing source or an authoritative source, as available and consistent with sound commercial practices, to confirm the validity of personal details and identification credential details; and
“4. Enable the notary public to visually compare for consistency the information and photograph on the identification credential and the remotely located individual as viewed by the notary public in real time through communication technology” (AAC R2-12-1305.B).
Interruption of Identification Process: “If a remotely located individual must exit the workflow prior to completion of the identity verification process, the individual must restart the identity verification process from the beginning” (AAC R2-12-1306.C).
Attorneys in Fact
“If an individual claims to have Power of Attorney (POA) for another and presents a document for notarization in which the individual wants to sign on behalf of the person whose POA he or she claims to have, it is suggested that the notary request to see a copy of the POA. Verify that the POA grants the authority to execute the type of document that is being presented for notarization.
“The signer is required to present satisfactory evidence of identity confirming that he or she is the individual he or she claims to be.
“The individual should then sign his or her name. Next to that, he or she should print 'signing on behalf of (name of individual whose POA he or she has)’” (RM).
Refusal of Services
Specific Grounds
Competence: “A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that … [t]he individual executing the record is competent or has the capacity to execute the record….” (ARS 41-256.A.1).
Willingness: “A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that … [t]he individual’s signature is knowingly and voluntarily made” (ARS 41-256.A.2).
General Grounds: ”A notarial officer may refuse to perform a notarial act unless refusal is prohibited by any law other than this article“ (ARS 41-256.B).
Comprehension and Willingness: “The “Arizona Notary Public Reference Manual” includes a list of steps that are to be “verified and completed on each and every notarization.” The steps include verifying that the signer comprehends the underlying transaction represented by the document and is proceeding willingly. “The notary has the right to refuse the notarization if he or she feels this is not the case” (RM).
Signature by Mark
Definition: “‘Signature’ or ‘subscription’ includes a mark, if a person cannot write, with the person’s name written near it and witnessed by a person who writes the person’s own name as witness” (ARS 1-215.37).
Mark Is Signature: Although this statute of general construction states that a mark used as a signature would require the person’s name written near it and be witnessed by another individual, the definitions of “sign” and “signature” in the Revised Uniform Law on Notarial Acts indicate that one can sign or make a signature using a “tangible symbol” (ARS 41-251.12 and 13). Put simply, a signature may be a mark that does not require an additional witness or other requirements for signing.
Secretary of State Guidance: The Secretary of State adopts this position in the “Notary Public Reference Manual”: “A notary can notarize a thumb print or an ‘X’ mark as a ‘signature’ or ‘subscription’, even when the signer is able to write and is not disabled. The signer’s name does not need to be written near the mark nor do they need a witness to observe the signing.” (RM).
Signature by Proxy
“If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert “signature affixed by (name of other individual) at the direction of (name of individual)” or words of similar import” (ARS 41-257).
Disqualifying Interest
Personal: “A notarial officer may not perform a notarial act with respect to a record to which the officer … is a party or in which [the officer] has a direct beneficial interest” (ARS 41.252.B).
Spouse: “A notarial officer may not perform a notarial act with respect to a record to which … the officer’s spouse is a party or in which [the spouse] has a direct beneficial interest” (ARS 41-322.B).
Other Relatives: “A notary is an impartial witness. Just because the law allows a notary public to notarize for other family members, it is not a recommended action. Many courts have found that a sibling or other family member relationship implies some type of financial or beneficial interest in transactions thereby negating an argument for impartiality” (RM).
Exceptions: Stockholders, directors, officers or employees of a corporation may notarize a document affecting the corporation, unless the Notary is, individually or as a corporate representative, a party to the document (ARS 41-320).
Officers, directors and members of cooperatives may take acknowledgment of documents involving the cooperative (ARS 10-2082).
Incomplete Documents
Jurats Specifically: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine … [t]hat the record that contains the statement verified is complete to the best of the notarial officer’s knowledge” (ARS 41-253.B.2).
Secretary of State Guidance: “A document that contains blank spaces is improperly notarized. A jurat [verification on oath or affirmation] cannot be performed on a document that contains blank spaces or that is incomplete. There is no such limitation when performing acknowledgments, although the Secretary of State’s office recommends that a notary public not notarize a document containing obvious blank spaces” (RM).
“An incomplete document is a document that has not been signed where a signature line is provided or where other obvious blanks appear in the document, or that lacks a notarial certificate. The notary cannot perform a notarial act on a document that is missing pages or that contains fields that should be filled in. If missing pages cannot be presented to the notary, or if the signer does not know how to fill in the blank fields in the document, the notarization cannot be completed” (RM).No Notarial Certificate: “A document lacking a notarial certificate is considered an ‘incomplete document’ and is grounds for revocation” (RM).
Foreign Languages and Documents
Direct Communication or Translator: “A notary public who performs a notarial act for an individual shall communicate with the individual through either of the following:
“1. Directly in a language that both the notary public and the individual understand.
“2. Indirectly through a translator who communicates directly with the notary public and the individual in languages that the translator understands” (ARS 41-253.F).
“It is not a requirement that the notary public provide customers with a translator. It may be in their best interest to have a translator who they trust to translate correctly. A translator may need to be present to verbally translate oaths or affirmations or to explain a document to a signer if they are unable to read the document prior to having their signature notarized” (RM).Foreign-Language Documents: “A notary MAY perform a notarial act on a document that is in a foreign language that the notary does not understand so long as the notarial certificate is worded and completed using only letters, characters and a language that is read, written and understood by the notary public” (RM).
Unauthorized Practice of Law
No Authority: “A commission as a notary public does not authorize an individual to:
“1. Assist persons in drafting legal records, give legal advice or otherwise practice law.
“2. Act as an immigration consultant or an expert on immigration matters.
“3. Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters.
“4. Receive compensation for performing any of the activities listed in this subsection” (ARS 273.A).
Advertising
Deceptive Advertising: “A notary public may not engage in false or deceptive advertising” (ARS 273.B).
Use of ‘Notario’: “A notary public, other than an attorney licensed to practice law in this state, may not use the term ‘notario’ or ‘notario publico’” (ARS 273.C).
Mandatory Notice: “A notary public, other than an attorney who is licensed to practice law in this state, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the internet, the notary public shall include the following statement, or an alternative statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: “I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.” If the form of advertisement or representation is not broadcast media, print media or the internet and does not allow inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed” (ARS 273.D).
Withholding Records
“Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public” (ARS 41-273.E).
Notary Employees
“A notary public is a public officer commissioned by this state and all of the following apply without regard to whether the notary public’s employer or any other person has paid the fees and costs for the commissioning of the notary public, including costs for a stamping device or journal:
“1. A notary public’s stamping device, commission and any journal that contains only public record entries remain the property of the notary public.
“2. A notary public may perform notarial acts outside the workplace of the notary’s employer except during those times normally designated as the notary public’s hours of duty for that employer. All fees received by a notary public for notarial services provided while not on duty remain the property of the notary public.
3. An employer of a notary public may not limit the notary public’s services to customers or other persons designated by the employer” (ARS 41-269.G).
“An employer may not cancel the assurance [notary bond] or notary commission of any notary public who is an employee and who leaves such employment” (ARS 41-269.D).
Impersonating a Notary
“Any person who knowingly acts as or otherwise intentionally impersonates a notary public while not lawfully appointed and commissioned to perform notarial acts is guilty of impersonating a public servant pursuant to section 13-2406” (ARS 41-333). A violation is designated by ARS 13-2406 as a class 1 misdemeanor — the highest and most serious class of misdemeanors.
In-Person Electronic Notarial Acts
Applicable Law
Arizona Electronic Transactions Act: Effective July 18, 2000, the state adopted the Arizona Electronic Transactions Act (ARS 44-7001 through 44-7051), recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, that requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (ARS 44-7011).
Uniform Real Property Electronic Recording Act: Arizona has adopted the Uniform Real Property Electronic Recording Act, effective January 1, 2006, including the following requirement on electronic notarization: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature” (ARS 11 487.02.C).
Arizona Administrative Code Title 2, Chapter 12, Article 12: In December 2019, the Secretary of State adopted rules for electronic notarization, which are summarized below.
Technology Systems
Approval of System Providers: Not required. “Please note that … you may use any vendor that meets the requirements set forth in the Notary Rules” (website, “Remote & eNotary”).
List of System Providers: The Secretary of State provides a list of system providers Arizona Notaries may use, but cautions that it is not a complete list and that Notaries may use any system that complies with Arizona rules at the Secretary’s website at https://azsos.gov/business/notary-public/remote-enotary.
Authorization: “A notary public of this state may perform electronic notarizations during the term of the notary public’s commission if:
“1. The notary public has received written authorization from the Secretary of State to perform either:
“a. Electronic notarizations under this Article; or
“b. Remote online notarizations; and
“2. The Secretary of State has not terminated or revoked such authorization” (AAC R2-12-1202).Tamper-Evident Technology
Selection by Notary: “A notary public shall select one or more tamper-evident technologies to perform electronic notarizations” (AAC R2-12-1204.A).
X.509 Digital Certificate: “The tamper-evident technology shall consist of a digital certificate complying with the X.509 standard adopted by the International Telecommunication Union or a similar industry-standard technology” (AAC R2-12-1204.A).
Electronic Signature and Seal: “In performance of an electronic notarization, a notary public shall attach or logically associate the notary public’s electronic signature and electronic seal to an electronic record that is the subject of a notarial act by use of the digital certificate” (AAC R2-12-1204.B).
Valid Digital Certificate: “A notary public may not perform an electronic notarization if the digital certificate:
“1. Has expired;
“2. Has been revoked or terminated by the issuing or registering authority;
“3. Is invalid; or
“4. Is incapable of authentication” (AAC R2-12-1204.C).Renewal of Digital Certificate: “Renewal of the notary’s digital certificate is separate from the registration process with the Secretary of State and shall be obtained from a qualified certificate authority capable of supplying certificates that comply with this section. Renewal of the certificate with the certificate authority is the responsibility of the notary” (AAC R2-12-1204.D).
Theft or Vandalism of Electronic Seal, Signature, Digital Certificate: “A notary public shall immediately notify an appropriate law enforcement agency and the Secretary of State on actual knowledge of the theft or vandalism of the notary public’s electronic signature, electronic seal, or digital certificate. A notary public shall immediately notify the Secretary of State on actual knowledge of the unauthorized use by another person of the notary public’s electronic signature, electronic seal, or digital certificate” (AAC R2-12-1206.D).
Journal: For the requirement of a Notary to keep a journal of all electronic notarial acts, see “Records of Notarial Acts,” below.
Secure Electronic Signature, Time Stamp Token: “If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, that requirement is satisfied if all of the following are true:
”1. A secure electronic signature of the individual who is authorized to perform those acts and all other information that is required to be included pursuant to any other applicable law are applied to a secure electronic record.
”2. The secure electronic record has a time stamp token that is both:
(a) Created by a party recognized by the secretary of state.
(b) In a form that is accepted by the secretary of state to do all of the following:
(i) Reasonably verify the validity of the signing party’s secure electronic signature.
(ii) Reasonably establish the time of signing.
”3. The secure electronic record cannot be altered without invalidating the time stamp token” (ARS 44-7034).
Remote Notarial Acts
Applicable Law
Arizona Revised Statutes Title 41, Section 263). Effective July 1, 2022, Arizona adopted the Revised Uniform Law on Notarial Acts provisions relating to notarizations for remotely located individuals. Those provisions are summarized below.
Arizona Administrative Code Title 2, Chapter 12, Article 13 (“Remote Online Notarization”). The Arizona Administrative Code contains additional rules to implement remote online notarization. Those rules are summarized below.