Arizona - U.S. Notary Reference

Last Update: November 18, 2024

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).

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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

1. Address

   1. Phoenix Office
      Office of Secretary of State
      Business Services Division
      Notary Section
      1700 West Washington Street, 7th Floor
      Phoenix, AZ 85007-2808

   2. Tucson Office
      Arizona State Complex Building
      400 West Congress
      First Floor, Suite 141
      Tucson, AZ 85701

2. Phone: 602-542-6187 (Phoenix)
   520-628-6583 (Tucson)

3. Website: https://azsos.gov/business/notary

Laws, Rules and Guidelines

1. Laws: 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”).

2. Rules: 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”).

3. Guidelines: Additional guidelines for Notaries Public may be found in the “Notary Public Reference Manual” (RM) (January 2024) issued by the Secretary of State and available on the website.

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Commission Process

1. 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).

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).

3. 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.

4. Exam: Not required.

5. Application

   1. 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.

   2. 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.

   3. 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).

   4. 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).

6. Background Screening: Not required.

7. 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).

8. 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).

9. 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).

10. 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

1. In-Person Electronic Notarial Acts

   1. 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.

   2. 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).

   3. 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).

   4. 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).

   5. 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).

2. Remote Notarial Acts

   1. 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).

   2. 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).

   3. 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).

   4. 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).

   5. 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).

   6. 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

Through the Arizona Secretary of State’s website, the state’s roster of Notaries may be searched by commission number, first and last name, business name, business zip code, county of residence, or commission expiration date (website, “Notary Search”).

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

1. 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).

2. 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).

Changes of Status

1. 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.

2. 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).

3. 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.

4. 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).

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Authorized Acts

1. Notarial Acts: Notaries Public may perform the following notarial acts (ARS 41-251.6):

   1. Take acknowledgments;

   2. Administer oaths and affirmations;

   3. Take verifications on oath or affirmation;

   4. Witness or attest signatures;

   5. Perform copy certifications; and

   6. Note protests of negotiable instruments.

2. 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

1. Definitions

   1. 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).

   2. 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]).

2. Requirements

   1. 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).

   2. 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).

Oaths and Affirmations

1. Definition: “An oath means the signer or credible person is swearing to a supreme being (for example: God)” (RM).

2. 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

1. 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).
   “A jurat is a notarial act in which the notary certifies that a signer, whose identity is proven by satisfactory evidence, has:
   “Made in the notary’s presence a voluntary signature; and has
   “Taken an oath or affirmation vouching for the truthfulness of the signed document. Some states refer to this type of notarization as an affidavit” (RM).

2. Requirements

   1. 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).

   2. 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).

   3. 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).

   4. Witness Signature, Oath: 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 …” indicating that the Notary Public performing the verification must personally witness the principal sign the record and take the oath or affirmation.

Signature Witnessings and Attestations

Requirements

1. 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).

2. 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.

Copy Certifications

1. 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.

2. 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

1. 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).

2. 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).

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).

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Personal Appearance

1. 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).

2. 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

1. 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.

   1. 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).

   2. Documentary Identification

      1. 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).

      2. 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.”

      3. 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.”

      4. 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).

      5. 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).

   3. 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).

2. 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.

   1. 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]).

   2. 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).

   3. 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]).

      1. “'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).

         1. “[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).

         2. “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).

         3. 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).

      2. “'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).

         1. “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).

         2. “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).

   4. 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

1. Specific Grounds: “A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that either:
   “1. The individual executing the record is competent or has the capacity to execute the record.
   “2. The 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).

3. 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).

4. Reasonable Requests: “If a reasonable request is made, a notary public shall notarize a document under the guidelines in this manual. Black’s Law Dictionary defines “reasonable” in part to be: ‘fair, proper, just, moderate, suitable under the circumstances…’” (RM).
   “A notary public cannot refuse a notarization of a document if a reasonable request is made. However, a notary can refuse a notarization if the document or the signer does not meet other requirements listed in this manual” (RM).
   “A reasonable request includes one that is made during a notary’s normal business hours, that is, the hours posted on the door of the business. Note: Even if the request is made one minute before closing, it is considered a reasonable request” (RM).

Signature by Mark

“‘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).

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.

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).

In short, the specific definitions of “sign” and “signature” in the Notary statutes (ARS 41-251) apply more specifically to Notaries than the provision in ARS 1-215.37.

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

1. 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).

2. 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).

3. 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).

4. 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

“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. A document lacking a notarial certificate is considered an “incomplete document” and is grounds for revocation” (RM).

Foreign Languages and Documents

1. Language Comprehension: Notaries may only perform the notarial acts prescribed in their notarial duties if the signer signs in a language that the notary public understands, and 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).

2. 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).

3. 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

1. Deceptive Advertising: “A notary public may not engage in false or deceptive advertising” (ARS 273.B).

2. 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).

3. 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

1. Applicable Law

   1. 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).

   2. 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).

   3. 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.

2. Technology Systems

   1. 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”).

   2. 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.

3. 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).

4. Tamper-Evident Technology

   1. X.509 Digital Certificate: A notary public shall select one or more tamper-evident technologies to perform electronic notarizations. 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).
      “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).
      “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).

   2. 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).

5. 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).

6. Journal: For the requirement of a Notary to keep a journal of all electronic notarial acts, see “Records of Notarial Acts,” below.

7. 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

1. Applicable Law

   1. 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.

   2. 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.

2. Technology Systems: “If the technology identified in the application under [AAC R2-12-1304] subsection (A) conforms to the standards adopted under this Article and the applicant satisfies the requirements of this section, the Secretary of State shall approve the use of the technology and issue to the notary public written authorization to perform electronic notarizations” (AAC R2-12-1304.D).

   1. 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”).

   2. 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.

3. Confirmation of Record: “A notary public or notarial officer located in this state may perform a notarial act using communication technology for a remotely located individual if … The notary public is able reasonably to confirm that a record before the notary public is the same record in which the remotely located individual made a statement or on which the individual executed a signature” (ARS 41-263.B.2; see also AAC R2-12-1306.A).

4. Remotely Located Individual Outside the U.S.: “A notary public or notarial officer located in this state may perform a notarial act using communication technology for a remotely located individual if … For a remotely located individual located outside the United States, both of the following apply:
   “(a) The record either:
   “(i) Is to be filed with or relates to a matter before a public official or court, governmental entity or other entity subject to the jurisdiction of the United States.
   “(ii) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States.
   “(b) The notary public has no actual knowledge that the act of making the statement or signing the record is prohibited by the foreign state in which the remotely located individual is located” (ARS 41-263.B.4).

5. Communication Technology

   1. Definition: “'Communication technology' means an electronic device or process that:
      “(a) Allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound.
      “(b) When necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing or speech impairment” (ARS 41-263.I.1).

   2. Clarity of Communication: “Communication technology must provide for synchronous audio-video feeds of sufficient video resolution and audio clarity to enable the notary public and remotely located individual to see and speak with each other” (AAC R2-12-1306.A).

   3. Security of Communication: “Communication technology must provide reasonable security measures to prevent unauthorized access to:
      “1. The live transmission of the audio-visual feeds;
      “2. The methods used to perform identify verification; and
      “3. The electronic record that is the subject of the remote online notarization” (AAC R2-12-1306.B).

6. Electronic Journal: For the requirements of keeping an electronic journal of remote online notarizations, see “Records of Notarial Acts,” below.

7. Audiovisual Recording: For the requirements of keeping a recording of the audio and video of remote online notarizations, see “Records of Notarial Acts,” below.

8. Certificate Forms: For the requirements and sample certificate forms for a remote online notarization, see “Certificate of Notarial Act,” below.

Validity of Notarial Acts

“Except as otherwise provided in section 41-252, subsection B and section 41-320, subsection B, the failure of a notarial officer to perform a duty or meet a requirement specified in this article does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this article does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on the laws of this state other than this article or the laws of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts” (ARS 41-274).

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Certificate Requirements

1. General Requirement: “A notarial act must be evidenced by a certificate” (ARS 41-264.A).

2. Specific Requirements: “The certificate must:
   “1. Be executed contemporaneously with the performance of the notarial act.
   “2. Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the secretary of state.
   “3. Identify the jurisdiction in which the notarial act is performed.
   “4. Contain the title of office of the notarial officer.
   “5. If the notarial officer is a notary public, indicate the date of expiration of the notarial officer’s commission.
   “6. Be worded and completed using only letters, characters and a language that are read, written and understood by the notary public” (ARS 41-264.A).

3. Tangible Records: “If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsection A, paragraphs 2, 3 and 4 of this section, an official stamp may be affixed to the certificate” (ARS 41-264.B).

4. Electronic Records: “If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsection A, paragraphs 2, 3, 4 and 5 of this section, an official stamp may be attached to or logically associated with the certificate” (ARS 41-264.B).

5. Remote Notarial Acts: The notarial certificate for a remote online notarization must indicate that the notarial act was a remote online notarization performed by means of communication technology. A statement in substantially the following form is sufficient: “This notarial act involved the use of communication technology” (ARS 41-263.D.2).

Certificate Forms

Arizona has adopted the Revised Uniform Law on Notarial Acts short-form certificates (ARS 41-265). These forms, as well as forms for remote notarial acts and other forms authorized by the Secretary of State, appear below.

Sufficiency of Certificate

1. Notarial Acts: “A certificate of a notarial act is sufficient if it meets the requirements of subsections A and B of this section and any of the following:
   “1. It is in a short form set forth in section 41-265.
   “2. It is in a form otherwise allowed by the laws of this state.
   “3. It is in a form allowed by the laws applicable in the jurisdiction in which the notarial act was performed.
   “4. It sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in sections 41-253, 41-254 and 41-255 or the laws of this state other than this article” (ARS 41-264.C).

2. Remote Notarial Acts: “A short form certificate provided in section 41-265 for a notarial act subject to this section is sufficient if either of the following applies:
   “1. The form of certificate complies with rules adopted under subsection G, paragraph 1 of this section.
   “2. The certificate is in the form provided in section 41-265 and contains a statement substantially as follows: ‘This notarial act involved the use of communication technology’” (ARS 41-263.D).

Security of Certificate

1. Tangible Records: “If a notarial act is performed regarding a tangible record, a certificate must be part of or securely attached to the record. If the notarial certificate is attached to the record using a separate sheet of paper, the attachment must contain a description of the record that includes at a minimum the title or type of record, the date of the record, the number of pages of the record and any additional signers of the record other than those named in the notarial certificate” (ARS 41-264.F).

2. Electronic Records: “If a notarial act is performed regarding an electronic record, the certificate must be affixed to or logically associated with the electronic record” (ARS 41-264.F).

3. Rulemaking: “If the secretary of state has established standards pursuant to section 41-275 for attaching, affixing or logically associating the certificate, the process must conform to the standards” (ARS 41-264.F).

Executing a Certificate

“By executing a certificate of a notarial act, a notarial officer certifies that the notarial officer has complied with the requirements and made the determinations specified in sections 41-252, 41-253 and 41-254” (ARS 41-264.D).

“A notarial officer may not affix the notarial officer’s signature to or logically associate it with a certificate until the notarial act has been performed” (ARS 41-269.E).

Correcting a Certificate

“If any part of the notarial certificate is incorrect, the notary public should either cross out and initial the incorrect words with ink or cross out the entire wording and type or write in the correct wording. Do not attempt to erase or use correction fluid or tape. All changes must be initialed” (RM).

False Certificate

“A person who acknowledges, certifies, notarizes, procures or offers to be filed, registered or recorded in a public office in this state an instrument he knows to be false or forged, which, if genuine, could be filed, registered or recorded under any law of this state or the United States, or in compliance with established procedure is guilty of a class 6 felony” (ARS 39-161).

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Definitions

1. Official Stamp: “'Official stamp' means a physical image that is affixed to a tangible record or an electronic image that is attached to or logically associated with an electronic record” (ARS 41-251.9).

2. Stamping Device: “'Stamping device' means either of the following:
   “(a) A physical device that is capable of affixing to a tangible record an official stamp.
   “(b) An electronic device or process that is capable of attaching to or logically associating with an electronic record an official stamp” (ARS 41-251.14)

3. Electronic Seal: “'Electronic seal' means an electronic image that contains information attached to or logically associated with an electronic record and that contains the words ‘notary public’, the name of the county in which the notary public is commissioned, the notary public’s name as it appears on the notarial commission, the commission number and the expiration date of the notarial commission” (AAC R2-12-1301.8).

Official Stamp Requirement

1. Notarial Acts

   1. Notaries Public: Required. An Arizona Notary must authenticate all official acts with a seal of office (ARS 41-264.B).

   2. Other Notarial Officers: Permitted.
      “If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsection A, paragraphs 2, 3 and 4 of this section, an official stamp may be affixed to the certificate” (ARS 41-264.B).

   3. One Stamp Only for Tangible Records: “A notary public may possess only one physical stamping device for use with notarial acts performed regarding tangible records.” (ARS 41-267.C).

2. In-Person Electronic Notarial Acts

   1. Notaries Public: Permitted.
      “If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsection A, paragraphs 2, 3, 4 and 5 of this section, an official stamp may be attached to or logically associated with the certificate” (ARS 41-264.B).

   2. Other Notarial Officers: Permitted (ARS 41-264.B).

3. Remote Notarial Acts

   1. Notaries Public: Permitted (ARS 41-264.B).

   2. Other Notarial Officers: Notarial officers other than Notaries Public are not authorized to perform remote notarial acts under Arizona law.

4. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature” (ARS 11-487.02.C).”

Official Stamp Is a “Seal”

“The official stamp of a notary public is an official seal of office for the purposes of the laws of this state” (ARS 41-266.D).

Official Stamp Format

1. Notarial Acts

   1. Inked Rubber Stamp: The Arizona Notary’s official stamp must be a rubber stamp (RM) that is “capable of being copied together with the record to which it is affixed or attached or with which it is logically associated” (ARS 41-266.2). A valid seal must “[h]ave dark ink. These colors include black, dark blue, dark purple, dark green or dark brown. Red ink or ink not viewable on all copy or fax machines is unacceptable” (RM).

   2. Embosser: “A notary public may possess an embosser in addition to the notary public’s physical stamping device. A notary public may use an embosser only in conjunction with the notary public’s physical stamping device. An embosser or an impression made by the embosser is not an official seal of office for the purposes of the laws of this state” (ARS 41-267.C).

   3. Shape and Size: “A notary public’s official stamp may be any shape. The physical image of an official stamp created by a physical stamping device must be not more than one and one-half inches high and two and one-half inches wide” (ARS 41-266.B).

   4. Components: The Notary’s official stamp must imprint the following (ARS 41-266.A.1, B; RM):

      1. Name of Notary exactly as it appears on the commission;

      2. “Notary Public”;

      3. Name of county in which commissioned;

      4. Great Seal of the State of Arizona;

      5. Notary commission ID number;

      6. Expiration date of commission.

2. In-Person Electronic and Remote Notarial Acts

   1. Image of Official Stamp: The following statute indicates that the Notary’s electronic seal must be an “image” of the Notary’s official stamp: “The electronic image of an official stamp created by an electronic stamping device must be legible when reproduced together with the record with which it is logically associated” (ARS 41-266.B).

   2. Elements: The definition of “electronic seal” indicates the elements that must be incorporated in the electronic seal: “'Electronic seal' means an electronic image that contains information attached to or logically associated with an electronic record and that contains the words ‘notary public’, the name of the county in which the notary public is commissioned, the notary public’s name as it appears on the notarial commission, the commission number and the expiration date of the notarial commission” (AAC R2-12-1301.8).

Examples

The below typical, actual-size examples of official Notary stamping devices and Electronic Notary seals (shaded) which are allowed by Arizona law. Formats other than these may also be permitted.

Open

(Traditional Seals)

Open

(Electronic Seal)

Placement of Official Stamp

“It is recommended that the notary seal be placed just below the notarial certificate and to the left, if possible. The notary should not stamp over signatures or other writing, if possible. However, if there is insufficient space on a document to affix the notary seal, it is better to stamp over preprinted language than to stamp over signatures” (RM).

“While a notary might be inclined to affix his or her seal to all pages in a packet [of documents], the seal should only be affixed on the page with the notarial certificate. If the notary wants, he or she may use an embossing seal on the additional pages or simply initial the attached pages in order to indicate that those pages were part of the packet presented to them, but they should not affix their notary seal to the pages without a notarial certificate” (RM).

Illegible Official Stamp

“If the seal is illegible, the notary should strike through and initial it and affix his or her seal again” (RM).

Obtaining a Stamping Device

“A vendor of stamping devices may not provide a stamping device to an individual unless the individual presents a copy of the individual’s commission. The vendor must retain the copy for four years” (ARS 41-267.B). It is a class 6 felony for a Notary seal vendor not to comply with any of the preceding requirements (ARS 41-267.D).

Security of Official Stamp

“A notary public is responsible for the security of the notary public’s stamping device” (ARS 41-267.A).

Official Stamp Use by Others

“A notary public … may not allow another individual to use the device to perform a notarial act” (ARS 41-267.A).

Loss or Theft of Stamping Device

1. Notice: “Within ten days after the loss, theft or compromise of … [a] stamping device, the notary public shall deliver to the secretary of state, by certified mail or other means providing a receipt, a signed notice of the loss, theft or compromise. The notary also shall inform the appropriate law enforcement agency in the case of theft” (ARS 41-323.B). For any Notary’s failure to comply, the Secretary of State may impose a civil penalty of $1,000 (ARS 41-323.C). The loss or theft of a seal may be reported on the Secretary’s website.

2. Replacement Seal: “A lost or stolen notary public seal … can be replaced. The shape and ink color of the replacement seal shall be different than the original seal” (RM).
   “Once the new seal is received, describe the replacement seal in writing and include the date when it will begin to be used in a letter to the law enforcement agency to which the theft report was filed; and send a copy of this letter to the Secretary of State” (RM). The Secretary of State also recommends documenting the description and date of the usage of the new seal in the Notary’s journal.

Disposition of Stamping Device

1. Commission Resignation, Revocation, Expiration: “On resignation from, or the revocation or expiration of, the notary public’s commission, the notary public shall disable any electronic stamping device by destroying, erasing or securing it against use in a manner that renders it unusable” (ARS 41-267.A).

2. Death of Notary: “On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of any electronic stamping device shall render it unusable by destroying, erasing or securing it against use in a manner that renders it unusable” (ARS 41-267.A).

3. Electronic Seal and Signature: “A. A notary public shall use the same unique electronic seal for all electronic notarizations performed during an applicable commission period.
   “B. An electronic seal shall substantially conform to the following design: a rectangular or circular seal with the notary public’s name as it appears on the commission, the great seal of the State of Arizona, the words “Notary Public,” “State of Arizona,” and “My commission expires on (date),” the name of the county in which the notary public is commissioned, and the commission number.
   “C. When affixed to an electronic record, an electronic seal shall be clear, legible, and photographically reproducible. An electronic seal is not required to be within a minimum or maximum size when photographically reproduced on an electronic record.” (AAC R2-12-1205).

Signature of Notary

1. Tangible Signature: “When performing a notarization, a notary public must sign his or her name exactly as it appears on the notary application and notary bond” (RM).

2. Electronic Signature: “A notary public’s electronic signature and electronic seal shall remain within the exclusive control of the notary public, including control by means of use of a password or other secure method of authentication” (AAC R2-12-1206.A).
   “A notary public shall not disclose any access information used to affix the notary public’s electronic signature or electronic seal to electronic records, except:
   “1. When requested by the Secretary of State or a law enforcement officer;
   “2. When required by court order or subpoena; or
   “3. Pursuant to an agreement to facilitate electronic notarizations with a vendor or other technology provider identified in an application submitted under this Article” (AAC R2-12-1206.A).
   “A notary public may not allow any other individual to use his or her electronic signature or electronic seal to perform a notarial act” (AAC R2-12-1206.B).

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Records Requirement

1. Journal

   1. Notarial Acts: Required.
      “A notary public shall keep a paper journal to chronicle all notarial acts performed regarding tangible records” (ARS 41-319.A).

   2. In-Person Electronic Notarial Acts: Required.
      “A notary public shall keep either a paper journal or one or more electronic journals to chronicle all notarial acts performed regarding electronic records” (ARS 41-319.A).
      “An electronic notary public shall keep a journal of all electronic notarial acts in bound paper form with the same form as required in A.R.S. § 41-319” (AAC R2-12-1207).

   3. Remote Notarial Acts: Required (ARS 41-319.A).

2. Recording of Remote Notarial Acts: Required.
   “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, or a person acting on behalf of the notary public, creates an audiovisual recording of the performance of the notarial act” (ARS 41-263.B.3).

3. Backup Remote Notarial Act Records: “A notary public must take reasonable steps to ensure that a backup of the electronic journal and audio-visual recording exists and is secure from unauthorized use” (AAC R2-12-1308.C).

Journal Format

1. Notarial Acts: “Except as prescribed by subsection E of this section, a notary public shall keep only one paper journal at a time. The notary public shall record all notarial acts in chronological order” (ARS 41-319.A). NOTE: Subsection E permits Arizona Notaries to keep one journal for public records and another for non-public records; see “Public and Non-Public Records,” below.
   “Additionally, although not required by law, use of a permanently bound journal is recommended for the notary’s protection. Permanently bound pages are more difficult to remove or lose than loose-leaf pages.” (RM).

2. In-Person Electronic Notarial Acts: An Electronic Notary must keep a journal of all electronic acts in a bound paper form, just as is kept for paper-based notarizations (AAC R2-12-1207).

3. Remote Notarial Acts: “A notary public shall record each remote online notarial act performed by the notary public in chronological order in one or more journals maintained in a permanent, tamper-evident electronic format that complies with this Article” (AAC R2-12-1309.A).
   “A notary public may not record a remote online notarial act in a paper journal required by section A.R.S. § 41-319” (AAC R2-12-1309.A).

Public Records

1. Certified Copies of Public Records: “The notary public shall furnish, when requested, a certified copy of any public record in the notary public’s journal” (ARS 41-319.A).

2. Electronic Journal, Recordings of Remote Notarial Acts: “An electronic journal kept by the notary public and the audio and visual recording are subject to A.R.S. § 41-319 relating to public records” (AAC R2-12-1309.B).
   “[T]he notary’s journal is a public record that may be viewed by or copied for any member of the public, but only upon presentation to the notary of a written request that details the month and year of the notarial act, the name of the person whose signature was notarized and the type of document or transaction” (ARS 41-319.F).
   “A notary shall not let the requestor view all journal entries. The notary shall only copy the transaction requested and cover the entries above and below before making a copy of the records” (RM).
   Certified copies of a Notary’s records and official papers are prima facie evidence of the facts therein stated (Rules of Civil Procedure 44[c]).

Private Records

1. Attorney-Client, Confidential Records: “Records of notarial acts that violate the attorney-client privilege or that are confidential pursuant to federal or state law are not public record” (ARS 41-319.A).

2. Abortion Records: “Notwithstanding section 41-319, the notarized statement of parental consent [to an abortion] and the description on the document or notarial act recorded in the notary journal are confidential and are not public records” (ARS 36-2152.A).

3. Journals for Public and Private Records Permitted: “If one or more entries in a notary public's journal are not public records, the notary public shall keep one journal that contains entries that are not public records and one journal that contains entries that are public records” (ARS 41-319.E).

Journal Entries

1. Notarial Acts: Each journal entry must include at least the following entries (ARS 41-319.A):

   1. The date of the notarial act;

   2. A description of the document or type of notarial act;

   3. The printed full name and address of each individual for whom a notarial act is performed;

   4. If a paper journal is used, the signature of each individual for whom a notarial act is performed;

   5. The type of satisfactory evidence of identity for each person for whom the notarial act is performed, if other than the Notary’s personal knowledge, including a description of the identification document, its serial or ID number, and its date of issuance or expiration;

   6. The fee, if any, charged for the notarial act.

2. Personal-Knowledge Exception: If a Notary has personal knowledge of the identity of a signer, items 1 through 5 above “may be satisfied by the notary retaining a paper or electronic copy of the notarized documents for each notarial act” (ARS 41-319.B).
   However, “if the notary does not wish to retain a paper or electronic copy of the notarized document, he or she must make a journal entry instead. If a notary does not know the person personally, he or she must make a journal entry of the notarization and may not merely keep a copy of the document as record of the transaction.
   “The [Secretary of State’s] office recommends keeping a journal entry regardless of whether a paper or electronic copy of the notarization is kept” (RM).

3. Remote Notarial Acts: Each journal entry [of a remote notarization] shall include:
   “1. The date and time of the notarial act;
   “2. A description of the record, if any, and type of notarial act;
   “3. The full name and address of each individual for whom the remote online notarial act is performed;
   “4. If the identity of the individual is based on personal knowledge, a statement to that effect;
   “5. If the identity of the individual is based on credential analysis and identity proofing, a brief description of the results of the identity verification process and the identification credential presented, including the date of issuance and expiration of the identification credential but not its serial or identification number;
   “6. If the identity of the individual is based on an oath or affirmation of a credible witness, the information required by subsections (3), (4) and (5) of this section with respect to the credible witness;
   “7. A fee, if any, charged by the notary public” (AAC R2-12-1309.A).

4. Refusals: “If a notary refuses a notarization for any reason, the notary should always make a notation in his or her journal about the refusal and the grounds for doing so in case legal action ensues over the refusal. There is no guarantee that a journal entry exonerates a notary every time, but a notary should be in the habit of documenting the reason for the refusal” (RM).

5. Credible Person Entry: “The notary must list in the journal the type of satisfactory evidence of
   identity used for the credible person, and obtain the credible person’s full name, signature and address …” (RM).

6. Recommendations: “Even though the law says a description of the document OR type of notarial act, the Secretary of State recommends the notary public fill in both fields if offered in the journal” (RM).

If the Notary does not charge a fee, “it is recommended that the notary simply write ‘Ø’” in the fee column or area … If the document is written in a foreign language, the notary public must be able to read enough of that language to describe the document in his or her journal …” (RM).

Exceptions

1. Six-Month Exception: “Except for notarial acts performed for remotely located individuals under section 41-263, if a notary public performs more than one notarization for an individual within a six month period, the notary public shall have the individual provide satisfactory evidence of identity as required under section 41-255 the first time the notary performs the notarization for the individual but may not require satisfactory evidence of identity or the individual to sign the journal for subsequent notarizations performed for the individual during the six month period” (ARS 41-319.C). At least once every six months, such persons must present satisfactory evidence of identity and sign the Notary’s journal.

2. Court Reporters: “Court reporters who administer an oath or affirmation in a judicial proceeding are not required to obtain a signature in the reporter’s journal (A.R.S. § 41-324). However, the journal must be used for all other notarizations performed” (RM).

3. Grouped Documents: “If a notary performs more than one notarization of the same type for a signer either on like documents or within the same document and at the same time, the notary may group documents together and make one journal entry for the transaction” (ARS 41-319.D).

Ownership and Security of Records

1. Public Journal: “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 the official seal and journals: … A notary public’s stamping device, and commission and any journal that contains only public record entries remain the property of the notary public” (ARS 41-270.G.1).
   “A notary public’s journal that contains only public records is the property of the notary public without regard to whether the notary public’s employer purchased the journal or provided the fees for the commissioning of the notary public” (ARS 41-319.E).

2. Journal of Electronic Records: “An electronic notary public shall keep a journal of all electronic notarial acts … and shall be under the sole control of the electronic notary public” (AAC R2-12-1207).

3. Electronic Journal, Recordings of Remote Notarial Acts: “A notary public must retain the electronic journal required and any audio-visual recording of the performance of each remote online notarial act in a computer or other electronic storage device that protects the journal and recording against unauthorized access by password or cryptographic process. The recording must be created in an industry-standard, audio-visual file format and must not include images of any electronic record that was the subject of the remote online notarization” (AAC R2-12-1308.A).
   “A notary public must take reasonable steps to ensure that a backup of the electronic journal and audio-visual recording exists and is secure from unauthorized use” (AAC R2-12-1308.C).

4. Non-Public Journal: “A notary public’s journal that contains entries that are not public records is the property of the employer of that notary public and shall be retained by that employer if the notary public leaves that employment.” (ARS 41-319.E).

Loss or Theft of Journal

1. Requirement: “Within ten days after the loss, theft or compromise of an official journal …, the notary public shall deliver to the secretary of state, by certified mail or other means providing a receipt, a signed notice of the loss, theft or compromise. The notary also shall inform the appropriate law enforcement agency in the case of theft” (ARS 41-323.B). For any Notary’s failure to comply, the Secretary of State may impose a civil penalty of $1,000 (ARS 41-323.C). The loss or theft of a journal may be reported on the Secretary’s website.

2. Presumption of Identity: Effective September 24, 2022, the law establishes a rebuttable presumption of the identity of the person for whom a notarial act was performed in a court of law provided the Notary complied with the reporting requirements for a lost journal but withdraws this presumption if a Notary does not: “In a judicial proceeding where the identity of a party to a notarized instrument is in question, the official journal of the notary public is lost, stolen or compromised and the notary complied with [ARS 41-323], a presumption shall be given to the validity of the identity of the party who signed the instrument. If it is determined that the official journal never existed or that the notary public failed to comply with [ARS 41-323], no presumption shall apply that the identity of the party who signed the notarized instrument in question is valid” (ARS 41-323.D).

3. Replacement Journal: “Document in the journal why a new journal was purchased” (RM).

Retention of Journal

1. Notarial Acts: “While a notary public is commissioned, a notary public shall keep all records and journals of the notary public’s acts for at least five years after the date the notarial act was performed. On receipt of the records and journals from a notary public who no longer is commissioned, the secretary of state shall keep all records and journals of notaries public deposited in the secretary of state’s office for five years and shall give certified copies thereof when required, and for the copy certifications the secretary of state shall receive the same fees as are by law allowed to notaries public. The copy certifications shall be as valid and effectual as if given by a notary public” (ARS 41-317.C).
   “Any journal that contains records which are all five years old, or older, may be destroyed, and are not required to be turned into (sic) the secretary” (RM).

2. Remote Notarial Acts: “A notary public, a guardian, conservator or agent of a notary public or a personal representative of a deceased notary public shall retain the audiovisual recording created under subsection B, paragraph 3 of this section or cause the recording to be retained by a repository designated by or on behalf of the person required to retain the recording. Unless a different period is required by rule adopted under subsection G, paragraph 4 of this section, the recording must be retained for a period of at least five years after the recording is made” (ARS 319-263.E).
   “A notary public must retain the electronic journal required and any audio-visual recording of the performance of each remote online notarial act in a computer or other electronic storage device that protects the journal and recording against unauthorized access by password or cryptographic process. The recording must be created in an industry-standard, audio-visual file format and must not include images of any electronic record that was the subject of the remote online notarization” (ACC R2-12-1308.A).
   “An electronic journal must be retained for at least five (5) years after the last remote online notarial act chronicled in the journal. An audio-visual recording must be retained for at least five (5) years after the recording is made” (AAC R2-12-1308.B).

3. Depositories: “A notary public, guardian, conservator, or agent of a notary public, or a personal representative of a deceased notary public may, by written contract, engage a third person to act as a depository to provide the storage required by this section. A third person under contract under this section shall be deemed a depository. The contract must:
   “1. Enable the notary public, guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public to comply with the retention requirements of this section even if the contract is terminated; or
   “2. Provide that the information will be transferred to the notary public, guardian, conservator, or agent of the notary public, or the personal representative of the deceased notary public if the contract is terminated” (AAC R2-12-1308.E).

Disposition of Journal

1. Notarial and In-Person Electronic Notarial Acts: “On the resignation or revocation of a notarial commission or the death of a notary public, any physical stamping device, notarial journal and records, except those records of notarial acts that are not public record, shall be delivered by certified mail or other means providing a receipt to the secretary of state. If a notary public does not apply for reappointment, on expiration of the notarial commission, the device, the notarial journal and records shall be delivered to the secretary of state as required for resignation under this subsection. A notary public who neglects for three months thereafter to deposit such records, device and papers, or the personal representative of a deceased notary public who neglects for three months after appointment to deposit such records, device and papers, shall forfeit to the state not less than $50 or more than $500” (ARS 41-317.B).

2. Records of Remote Notarial Acts: “On the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of an electronic journal or audio-visual recording must:
   “1. Comply with the retention requirements of this section;
   “2. Transmit the journal and recording to one or more depositories under subsection (E); or
   “3. Transmit the journal and recording in an industry-standard readable data storage device to the Secretary of State at: Secretary of State, Attn: Notary Department, 1700 W. Washington Street, Floor 7, Phoenix, AZ 85007-2808” (AAC R2-12-1308.D).

Willful Destruction of Records

“Any person who knowingly destroys, defaces or conceals any journal entry or records belonging to the office of a notary public shall forfeit to the state an amount not exceeding five hundred dollars and shall be liable for damages to any party injured thereby” (ARS 41-318).

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Maximum Fees

1. Notarial Acts: Effective March 5, 2018, the fees that Arizona Notaries may receive or advertise are as follows (ARS 41-316.A and AAC R2-12-1102):

   1. Acknowledgments: $0 to $10 per Notary signature;

   2. Oaths or affirmations without a signature: $0 to $10 per notarial act;

   3. Jurats: $0 to $10 per Notary signature;

   4. Copy certifications: $0 to $10 per page certified.

2. In-Person Electronic Notarial Acts: An Electronic Notary may not charge more than the maximum fees for in-person notarial acts as provided above.

3. Remote Notarial Acts: A Remote Notary may not charge more than the maximum fees for remote notarial acts as provided above.

No Fee Except As Authorized by Rule

“A notary shall not advertise or charge or receive a fee for performing a notarial act except as specifically authorized by rule” (ARS 41-316.C).

Lesser or No Fee

According to the “Arizona Notary Public Reference Manual,” Notaries may charge any amount less than the maximum or may charge no fee at all. If Notaries do charge for their services, fees should “be consistent. That is, the same fee should be charged for each notarization.”

Standard Notary Fee

“Upon reviewing the fees schedule under subsection (E)(1) through (3), a notary shall select a standard fee, from “no charge” up to the maximum $10 fee for a notarial act. A notary public shall be consistent when charging fees and post the fee schedule in a conspicuous location” (AAR R2-1102.B).

“Before performing any notarial act, the notary public shall inform the requestor of the service fee if one will be charged” (AAC R2-1102.D).

Mileage and Per Diem

When traveling to perform a notarial act, “notaries public may be paid an amount up to the amount authorized for mileage expenses and per diem subsistence for state employees as prescribed by title 38, chapter 4, article 2” (ARS 41-316.B). The Arizona Department of Administration determines this mileage fee through its General Accounting Office. For the latest authorized mileage fees, check the fee schedule online at www.gao.az.gov/travel (RM).

Fee Schedule

“Pursuant to A.R.S. § 38-412, a notary public shall keep posted at all times in a conspicuous location, the fee schedule listed under subsection (E)(1) through (3) (ARS 38-412)” (AAC R2-12-1102.A).

“When posting fees under subsection (A) and (B), notaries shall use the template in Exhibit 1. Notary Public Services” (AAC R2-1102.C).

Fees Collected Outside Workplace

“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” (ARS 41-269.G.2).

Prohibited Fees

1. Pension Papers: Notaries may not charge for taking an acknowledgment in connection with a claim for a federal “pension, allotment, allowance, compensation, insurance or other benefits …” (ARS 39-122).

2. Military Oaths: An oath-administering officer may not charge for administering an oath or affirmation required in the military service (ARS 26-160).

3. Unauthorized Fees: A Notary may not “advertise or charge or receive a fee for performing a notarial act except as specifically authorized by rule” (ARS 41-316.C).

Notary Fees Taxable

“Accepting a fee for performing a notarial act is earned income and must be reported on state and federal tax returns. Fees kept by the notary are reported by the notary. Fees kept by the employer are reported by the employer” (RM).

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Notary Signing Agents

Notary Signing Agents may operate within the state of Arizona, but in doing so they must observe the fee, mileage and per diem guidelines outlined immediately below.

Recording Requirements

Arizona county recorders will not accept documents for recording, including notarial certificates, which do not comply with the following (ARS 11-480):

1. Printing must be 10-point type (pica) or larger.

2. Margins of at least half an inch at the top, bottom and sides must be bare of all print, writing, seals or other markings. At least 2 inches must be left at the top of the first page.

3. No document may be larger than 8½ inches in width and 14 inches in length.

4. Original instruments must be presented and be sufficiently legible.

5. Documents must have original signatures except when otherwise provided by law.

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Notarial Acts in Arizona

“A. Any of the following may perform a notarial act in this state:
“1. A notary public of this state.
“2. A judge, clerk or deputy clerk of a court of record of this state.
“3. An individual who is licensed to practice law in this state.
“4. Any other individual who is authorized to perform the specific act by the laws of this state.
“B. The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“C. The signature and title of a notarial officer listed in subsection A, paragraph 1, 2 or 3 of this section conclusively establish the authority of the notarial officer to perform the notarial act” (ARS 41-258).

“The acknowledgment of any instrument may be made in this state before:
“1. A judge of a court of record.
“2. A clerk or deputy clerk of a court having a seal.
“3. A recorder of deeds.
“4. A notary public.
“5. A justice of the peace.
“6. A county recorder” (ARS 33-511).

Court Reporters: “A. Court reporters who administer oaths and affirmations in judicial proceedings are exempt from the provisions of this chapter other than section 41-269, subsections C and D. Court reporters who are commissioned as notaries and who perform notarial acts outside of judicial proceedings are subject to all provisions of this chapter and of other laws of this state that regulate notaries public.
“B. A court reporter who prepares a transcript of a judicial proceeding shall attach a certificate page to the transcript. On the certificate page, the court reporter shall attest to the fact that the reporter administered an oath or affirmation to each witness whose testimony appears in the transcript.
“C. An affidavit of nonappearance that is prepared by a court reporter does not need to be witnessed by a notary public” (ARS 41-324).

Notarial Acts in U.S. State or Jurisdiction

“A. A notarial act performed in another state has the same effect under the laws of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by any of the following:
“1. A notary public of that state.
“2. A judge, clerk or deputy clerk of a court of that state.
“3. Any other individual who is authorized by the laws of that state to perform the notarial act.
“B. The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“C. The signature and title of a notarial officer described in subsection A, paragraph 1 or 2 of this section conclusively establish the authority of the notarial officer to perform the notarial act” (ARS 41-259).

Commissioned Military Officers: “Commissioned officers in the armed forces of the United States are federally commissioned to perform notarial functions for other members of the armed forces and the other members’ dependents (Attorney General Opinion 197-011).

Notarial Acts Under Authority of Federally Recognized Indian Tribe

“A. A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by any of the following:
“1. A notary public of the tribe.
“2. A judge, clerk or deputy clerk of a court of the tribe.
“3. Any other individual who is authorized by the laws of the tribe to perform the notarial act.
“B. The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“C. The signature and title of a notarial officer described in subsection A, paragraph 1 or 2 of this section conclusively establish the authority of the notarial officer to perform the notarial act” (ARS 41-260).

Notarial Acts Under U.S. Law

“A. A notarial act performed under federal law has the same effect under the laws of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by any of the following:
“1. A judge, clerk or deputy clerk of a court.
“2. An individual who is in military service or performs duties under the authority of military service and who is authorized to perform notarial acts under federal law.
“3. An individual who is designated a notarizing officer by the United States department of state for performing notarial acts overseas.
“4. Any other individual who is authorized by federal law to perform the notarial act.
“B. The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“C. The signature and title of a notarial officer described in subsection A, paragraph 1, 2 or 3 of this section conclusively establish the authority of the notarial officer to perform the notarial act” (ARS 41-261).

Notarial Acts in Foreign State

“A. If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the laws of this state as if performed by a notarial officer of this state.
“B. If the title of office and indication of authority to perform notarial acts in a foreign state appear in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
“C. The signature and official stamp of an individual holding an office described in subsection B of this section are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“D. An apostille in the form prescribed by the Hague Convention of October 5, 1961 and issued by a foreign state party to the convention conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office.
“E. A consular authentication issued by an individual designated by the United States department of state as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office.
“F. For the purposes of this section, ‘foreign state’ means a government other than the United States, a state or a federally recognized Indian tribe” (ARS 41-262).

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Secretary of State

Certificates authenticating the official acts of Notaries, including apostilles, are issued by the Arizona Secretary of State’s office (ARS 41-325 and 41-326).

1. Mailing Address:
   Arizona Secretary of State
   Attention: Apostille Department
   1700 West Washington, 7th Floor
   Phoenix, AZ 85007-2808
   1-602-542-6187 or 800-458-5842

2. In-Person Filing: Phoenix
   State Capitol Executive Tower
   1700 West Washington Street
   Suite 220
   602-542-4285

3. In-Person Filing: Tucson
   Arizona State Complex Building
   400 W. Congress
   Customer Service Center
   First Floor, Room 141
   520-628-6583

4. Procedure

   1. In-Person and Mail: Requests for an authentication may be made in person or by mail. Walk-in requests are subject to an expedited service fee (see “Fees,” below) and a limit of 6 documents.

   2. Request Form: Download and complete an “Apostille/Certificate of Authentication Request” form, available on the Secretary of State’s website (https://azsos.gov/services >”Apostille and Document Authentication”). Mail or present in person the completed form, the original notarized document(s) and the appropriate fee.

   3. Fee

      1. Standard fee: $3 per document for a certificate of authentication or an apostille, payable to “Arizona Secretary of State.”

      2. In-Person: Walk-in requests are subject to an expedite fee of $25 in addition to the fee per document.

      3. Puerto Rico and U.S. Territories: Requests destined for any U.S. territory and Puerto Rico require a “notarial capacity certificate” and an $18 fee (https://azsos.gov/services >”Apostille and Document Authentication”).

   4. Document Requirements: An original notarized or certified recorded document is required. A photocopy is unacceptable (https://azsos.gov/services >”Apostille and Document Authentication”).

   5. Shipping: For return mail, a stamped, addressed envelope is required.

   6. Processing Time: Processing times are 10 business days (mail). In person requests are processed immediately over the counter (https://azsos.gov/services >”Apostille and Document Authentication”).

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