Notary Public Underwriters Blog
Arizona Frequently Asked Questions
- Details
- Published: January 13, 2020
Are notaries licensed like other professionals?
No. Notaries are public officers and are commissioned by the Secretary of State to perform notarial acts, as defined in Arizona Revised Statutes.
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 amount of bond is required in Arizona?
$5,000. The State of Arizona requires notaries to purchase a notary bond. This bond is valid throughout the 4 year notary commission in the State of Arizona.
What type of notary seal is required?
The official for Arizona notaries is the rubber stamp. The stamp have dark ink, such as black, dark blue, dark purple, dark green or dark brown. The stamp must contain the following elements: the words, "Notary Public", your name as it is listed on your commission certificate, the Arizona county in which you were commissioned, your notary commission number, the expiration date of your commission, and contain the Great Seal of Arizona. Red ink or ink not viewable on all copy or fax machines is unacceptable.
May I use a metal embosser seal?
The official seal is a rubber stamp. However, you may use an embossing seal in addition to the rubber notary stamp, but not in place of it. Notary Public Underwriters offers both seals in several styles, all of which comply with Arizona law. If you frequently notarize out-of-state or international documents, you may want to purchase an embosser seal, which is readily accepted as the notary standard around the world.
May I use the Great Seal of Arizona on my notary stamp?
Yes, according to A.R.S § 41-266 (B), all notary stamps must contain the Great Seal of Arizona.
What do I do if my seal is lost or stolen?
If your seal is lost, stolen or in the possession of another person, you must notify the Secretary of State within 10 days. Send a signed notice of the loss, theft or compromise via certified mail or any other means that provides a receipt. You must also inform the appropriate law enforcement agency in the case of theft. The same applies for your record book.
Do I have any liability as a notary?
Yes. The public counts on notaries to perform their duties properly. By making an error on a notarization, you could cause someone to lose their property or be responsible for a multi-million dollar transaction being voided. As a result, a court could find you liable for the loss and enter a judgment against you. Most bond companies demand repayment if they pay a claim against you. In addition, whatever your bond does not pay, you would be liable for. Consider adding an E&O policy for personal protection.
How do I limit my liability?
Know and follow Arizona's notary laws, take responsibility for your own notary education, keep informed about law changes, never make any exceptions for anyone, use reasonable care and common sense in performing your duties, carry Errors & Omissions Insurance and keep a record book.
Am I required to keep a record of my notarial acts?
Yes. Arizona law requires notaries to keep a record book (journal) with exact chronological details of each notarial act performed. Notaries are also required to keep a fee book in which to enter all charges for notarial services. These two books do not have to be maintained separately and may be combined into one book. The law specifies the exact elements to be recorded. The notary public record book published by Notary Public Underwriters meets the requirements of the law. Be sure to include this item on your order form with your application, contact us directly to order at (800) 821-0831 or purchase online through our Supplies section.
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.
How do I change my address?
What must I do if I changed my name after marriage?
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.
Under the law, after reporting your name change, a commissioned notary whose name changes can:
1. Continue to use the current commission until it expires. If choosing this option, you must sign your new name on the line designated for the notary’s signature and directly below sign the name under which you are currently commissioned.
2. Apply for a new commission under the new name. If choosing this option, you must first resign the current commission, then reapply using the renewal option. Proof from the bonding company that the previous bond has been cancelled must also be included when filing with the Secretary of State's office.
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.
What should I do if my order has not shown up in time?
Please contact Notary Public of America.
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.
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.
What notarial acts am I authorized to perform?
A commissioned Arizona notary public may only perform four notarial acts as defined in A.R.S § 41-251. They are:
1. Acknowledgments;
2. Verification on oath or affirmation (jurat);
3. Copy certifications; and
4. Administering an oath or affirmation
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 should 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 acknowledgement?
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 are the steps for performing a notarization?
Follow these general steps for every notarization you perform:
1. Require the personal appearance of the document signer. Never make an exception!
2. Examine the document to ensure it is complete and contains a properly formatted notarial certificate.
3. Identify the signer, either through your personal acquaintance of the individual or some type of satisfactory evidence, such as a valid driver’s license, passport or another form of acceptable identification listed in the notary law.
4. Enter the transaction into your record book.
5. Perform the notarization ceremony. You must communicate verbally with the signer to perform the notarial act. The person usually signs the document at this point.
6. Complete the notarial certificate. Make sure the information is correct and complete. Do not forget to sign and seal the certificate.
What is the venue?
"State of Arizona, 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).
Can I perform a notarization for a family member?
Arizona law prohibits a notary from notarizing for themselves or spouses. Just because the law allows you to notarize for other family members, it is not recommended. You would compromise your role as an impartial witness and may jeopardize the validity of an important transaction.
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.
Can I notarize a photograph?
No. This is not an authorized duty of a notary. An alternative would be to notarize the signature of a person who is willing to certify the authenticity of the photograph in a sworn statement.
What happens if a notarization has cost me money?
You may file a claim against the notary's bond.
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.
Am I able to track my order?
You may track the progress of your order on your 'My Account' page. We will show the status of your order from the time it is processed to the time it is shipped. Tracking information is available on orders with standard shipping.
How do I pay for my order?
At the moment, Notary Public of America accepts Visa, MasterCard, American Express and Discover credit cards. We also accept check and money orders by mail.
May I pay extra for express delivery?
Yes. Please contact our Customer Service department at 800.821.0831.
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.
Can I get a refund?
Please contact our Customer Care Team if you are not happy with your order. Once we know what the problem is, we will let you know how we can help.
Will you share contact information with others?
Absolutely not. For more information, please read our Privacy Policy.
Do you keep my information?
We do save some of your information, such as your name, email, address and order number. We do NOT store your payment details. For more information, please read our Privacy Policy.
How secure is my payment?
Security is Notary Public of America’ highest priority. We use the most up-to-date security for the application and payment pages. In addition, we do not store any of your credit card information.
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