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Arizona Frequently Asked Questions

The following are the most common questions asked by our Arizona customers. However, if your question is not listed below feel free to contact us to receive an answer to your question.

 

What is the purpose of a notary public?

A notary public is a person of integrity who is appointed to act as an impartial witness to the signing of an important transaction and to perform a notarial act, which validates the transaction. A notary’s primary purpose is to prevent fraud and forgery by requiring the personal presence of the signer and satisfactorily identifying the signer.


What is a notary bond?

The notary bond is a type of surety bond issued by an approved surety company to protect the public against any wrongdoing on the part of the notary. The surety company guarantees to the public that you, as a notary public, will perform your duties in accordance with the law, and if you do not, the company will pay any damages caused by the incorrect notarization up to the amount of the bond.


What does it mean to "notarize a signature"?

“Notarize a signature” is a generic phrase used when administering an oath or taking an acknowledgment, the two most common notarial acts.


How do I administer an oath for a document?

Assuming the document is ready for notarization and the signer has been satisfactorily identified and is willing to sign the document, as the individual to raise their right hand. If they can't raise their right hand, they should raise their left hand. If neither hand can be raised, proceed as follows:

Ask the individual to either:

1. Repeat the oath statement, "I [insert signer's name], swear that the contents of this document are true and correct."; OR
2. Answer the question "Do you swear that the contents of this document are true and correct?" with 'I do swear'.

You will record the transaction in your record book, including the signer's proof of identity. Be sure to have the individual sign the entry. If a credible person is used, that person must also sign the record book. 


What do I do if a signer objects due to religion?

A legal alternative to an oath is an affirmation. Complete the same steps as an oath but instead of swearing, ask the individual to either:

1. Repeat the oath statement, "I [insert signer's name], affirm that the contents of this document are true and correct."; OR
2. Answer the question "Do you affirm that the contents of this document are true and correct?" with 'I do affirm'.


How do I take an acknowledgment?

Assuming the document is ready for notarization and the signer has been satisfactorily identified and is willing to sign the document, you take the signer’s acknowledgement by asking a simple question: “Do you acknowledge and declare this is your signature, you understand this document, and you willingly signed the document for the purposes stated herein?”


What is the venue?

"State of ______, County of ______"

This notation is called the venue. It is the location of the notarization - not the county where you live or work.


May I notarize the signature of a blind person?

Yes. But only if you first read the document to the person and you feel sure about the person’s understanding and willingness to sign.


May I notarize my own signature?

No. Notarizing your own signature violates A.R.S. § 41- 252(B).


May I perform a notarization when I am a party?

No. If you are a party to the transaction or if you have a financial interest in the transaction, you may NOT be the notary for this transaction. You would not be impartial, and the transaction could be deemed unlawful or unenforceable.


May I assist a client with legal documents?

No, not unless you are an attorney licensed to practice law in Arizona. Furthermore, you may not explain the contents of a document or give any advice about the document. If you do, you may be found guilty of the unauthorized practice of law.


May I help a friend fill out immigration papers?

No. Only attorneys or qualified immigration specialists may perform these duties.


Why should I keep a record book?

Record books are an inexpensive way to keep a record of every notarization you perform. There are several advantages, including:

-- A record book can serve as a reminder of the steps of notarization.
-- A record book may protect you against a claim of negligence or impropriety.
-- A record book may help prove you notarized a document when there is a question about your signature or when the notarial certificate is destroyed or marred in some way.
-- A record book can refresh your memory about a notarization you do not recall.
-- A record book is reliable as evidence in court if you have to testify about a notarization.
-- A record book not only protects you, but may also protect your customer and your employer.


When can I expect to receive my purchase?

You can usually expect your order to arrive within 5 to 7 business days after it ships. However, please allow up to 12 business days for any carrier delays.


How do I pay for my order?

At the moment, we accept Visa, MasterCard, American Express and Discover credit cards. We also accept check and money orders by mail.


May I cancel or change my order?

This will depend on how far down the process your order has gone. We try to get orders processed as soon as we can, so if your order is listed as “shipped” on your account page it is too late to edit or cancel. If you think you have made a mistake with your order, please contact our Customer Care Team. We will see if there is something we can do to help.


Will you share my contact information with others?

Absolutely not. For more information, please read our Privacy Policy.


How do I file a claim against a notary's bond?

A bond is required by the State to be available in order to compensate any individual harmed as a result of a breach of duty by the notary. Individuals harmed can file a claim against the notaries bond for financial damage.

Claims may occur due to signatures which are forged, incomplete or otherwise defective in real estate transactions, motor vehicle transfers and cases where the validity or date of a document may be an issue.

In order to file a claim against a notary bonded through our company you will need to submit the following:

  • Copy of improperly notarized document
  • Proof of error or fraud by notary
  • Letter stating the amount of financial damage or loss caused by the notarization


Please send the above information to:

Claims Department
Notary Public Underwriters
P.O. Box 7457
Tallahassee, FL 32314-7457

Or fax to:
877-856-1663
Attn: Claims Department


For all questions regarding the status of your filed claim, please contact CNA Surety at 800.331.6053.


Who do I contact to check on the status of a claim?

For all questions regarding the status of your filed claim, please contact CNA Surety at 800.331.6053.


Do I notify the state of a name change? 

Yes. Arizona law requires you to notify the Secretary of State's office within 30 days of a surname change. You may visit the Secretary of State's website to complete the Notary Public Address/Name Change Notification form. You will need to include legal documentation to show why the name has changed (marriage license, divorce decree, etc.). Failure to do so is evidence of the notary’s failure to fully and faithfully discharge the duties of notary and may result in suspension or revocation of the notary’s commission.


What must I do if I change my address? 

You must notify the Secretary of State's office within 30 days, via certified mail or other mean that provides a receipt, a signed notice of a change in your mailing, business, or residential address. Both the old and new addresses must be listed on the notice. The Notary Public Address/Name Change Notification form is accessible on the Arizona Secretary of State's website. Failure to comply is grounds for the Secretary to suspend or revoke the notary’s commission and/or may result in a $25 civil penalty.

 

 

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