Arizona Notary Laws & Information
In Arizona, a notary public is a public official that is commissioned by the Arizona Secretary of State. The notary public is an impartial witness who does not have any vested interest in the transaction. A notary public notarizes documents to confirm the validity of the signature, to prevent fraud, and to verify that the person signing the document was not forced. In Arizona, all notaries receive instructions for carrying out the duties of a notary public.
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Qualifications and Application
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In the state of Arizona, candidates for a notary public commission must be at least 18 years of age, a United States citizen or a legally permanent resident of the United States. Candidates cannot have a felony record must be an Arizona resident as defined by the residence statues and cannot have had their commission as an Arizona notary public revoked within the last 4 years. The future notary public must complete an application and submit the application fee as well as fees for security bonding. After the application is reviewed by the office of the Secretary of State, the prospective notary public is notified of approval or denial within 7 weeks.
Commissioned Notary
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If approved, the notary public cannot perform the duties of a notary unless she has a notary public seal, a notary public journal, a certification from the Arizona Secretary of State and an original notary bond on file with her application.
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Rights and Responsibilities
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According to Arizona notary laws, there are specific rules for a notary. The notary certificate should be kept in a secure place, the notary public should never give a copy of the certificate to anyone, and workplace notaries should not limit the use of their authority to their employer or customers of their employer.
The notary public's fees must be in accordance to the fees established by the Arizona Secretary of State. The signature of the notary public on notarized documents must be the exact signature on the application and the bond. The notary seal is required on all notarized documents, and the transaction must be recorded in the notary journal. The responsibilities and duties for the Arizona notary public are extensive. A notary will face consequences for violation of the statutes.
Notary Violations
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Notary violations include, but are not limited to, a felony conviction of moral turpitude or a conviction that is incompatible with the duties of the notary; misrepresentation or omission on the application; failure to describe the duties of the position during the course of a transaction; or misrepresenting the duties. Some additional violations include charging fees not in accordance with the fees established by the Arizona Secretary of State; having a vested interest in the transaction and standing to benefit; or executing a document which is known by the notary to contain false information or having blank spaces.
Training
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The state of Arizona Office of Notaries offers workshops for Arizona notaries public, although the notaries are not required to attend. Organizations and private companies offer training; however, a commissioned Arizona notary should be aware that the Arizona Secretary of State has not designated official trainers nor endorsed any companies who provide training.
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References
Resources
- Photo Credit Plaque d"officier de justice. image by Blue Moon from Fotolia.com
