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Arizona Enacts a Limited, Thumbprint Requirement for Notary Journal Records

Soon, Arizona’s notaries must begin performing a new, mandatory step when creating their record book (journal) entry, if the notarized signature is on a power of attorney or certain documents affecting real property.

Beginning on July 15, 2026, the officiating notary’s journal record must include the present signer’s right thumbprint whenever the document is a deed, quitclaim deed, deed of trust or other document that affects real property, or a power of attorney.  The new law was enacted through the recent passage of Senate Bill 1479.

What if the present signer doesn’t have use of their right thumbprint or they don’t have a right thumb?  Arizona’s lawmakers thought of that, and provided two alternatives for complying with Senate Bill 1479:

  1. the notary must obtain the person’s left thumbprint in the notary’ journal record; or
  2. if the person isn’t able to provide a print of their thumb or any other finger, the notary must note that in their journal record and include an explanation of the person’s physical condition. 

The new law impacts only certain document types:  a deed, quitclaim deed, deed of trust or other document that affects real property; and a power of attorney document. 

It also excludes certain document types from the journal-record thumbprint requirement:

  1. A trustee’s deed that results from a judicial or nonjudicial foreclosure;
  2. A deed of release and reconveyance;
  3. A notarial act performed for a remotely located individual that complies with Arizona Revised Statutes Section 41-263—that’s the law that governs notarial acts performed for remotely located individuals. To lawfully bypass a thumbprint under this law, BOTH of the following must occur:
    1. the notary journal includes the remotely located individual’s identification credential number; AND
    2. the notary retains the audiovisual recording of the remote notarial act for at least seven years.

Senate Bill 1479 also makes a small but meaningful change to existing Arizona law, by clarifying that certain specified text pertains only to satisfactorily identifying a remotely located individual.

The bill further amends current law so that the Secretary of State is not constrained to adopting administrative rules on notarial acts for remotely located individuals only “on or before July 1, 2022.” 

Finally, the new law provides some circumstances under which a notary is not required to obtain a thumbprint in their journal record; those are when the document is:

… a trustee's deed that results from a judicial or nonjudicial foreclosure;

… a deed of release and reconveyance; or

…a trustee's deed that results from a judicial or nonjudicial foreclosure;

… a deed of release and reconveyance; or

… a notarial act performed for a remotely located individual as prescribed by and in compliance with section 41-263 if both of the following apply--(a) The notary journal includes the present individual’s identification credential number; and (b) the notary retains the audiovisual recording for at least seven years.

Be sure that your journal adequately accommodates a thumbprint in each journal entry.  We highly recommend our record book.  It’s one of our most popular products—a testament to its design and ease of use. 


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Category: Notary Blog