How to become an Arizona Notary:
To become an Arizona notary public
, a notary applicant must meet all of the following requirements:
- Be at least 18 years or older
- Be a citizen or a legal permanent resident of the United States
- Be a resident of Arizona for income tax purposes and claim his or her residence in this state as his or her primary residence on state and federal tax returns
- Never have been convicted of a felony unless civil rights have been restored, or a conviction for a lesser offense involving moral turpitude or of a nature that is incompatible with the duties of a notary public
- Be able to read and write English
Qualifications for becoming a Notary in Arizona :
In order to become an Arizona notary and receive an Arizona notary public commission, a notary applicant must:
- Meet the eligibility requirements provided in the previous section.
- Complete and submit an original and signed notary web application by mail or hand-carry to the Secretary of State with the original notarized Arizona notary bond and a filing fee of $43. As of June 22, 2015, only notary applications created from the “web application” will be accepted.
- To initiate a new notary application process for an Arizona Notary commission click here.
- Noticeably write “EXPEDITE” on their envelope so that their application is processed promptly (48 hour processing time) if they are mailing in an expedited notary application. There is an additional $25 fee to expedite a notary application.
- Ensure all signatures and printed names match exactly (two signatures and two names on bond and one signature and one name on application).
Note. Ensure the e-mail address provided on the applicant’s notary web application is current since his or her notary commission certificate will be sent electronically to that e-mail.
Can a non-resident become a Notary in Arizona?
No. A notary applicant who does not have a primary residence in Arizona, for income tax purposes, does not qualify for an Arizona notary public commission.
Is an Arizona Notary Bond required to become a Notary in Arizona?
Yes. A $5,000 Arizona notary bond is required for new and renewing notaries public. The Secretary of State will not accept any bond that was issued more than 60 days before or 30 days after the date on which the Secretary of State commissions a notary public.Please visit the American Association of Notaries website at www.arizonanotaries.com
to purchase and receive a bond via e-mail in one business day or click here
Arizona notary errors & omissions insurance:
Optional. A notary public is liable to any person for damages that result from his or her official misconduct. The American Association of Notaries strongly recommends that Arizona notaries public insure themselves against claims of negligence through the purchase of an Arizona notary errors and omissions insurance. To receive additional information, visit our website at www.arizonanotaries.com
or call (800) 721-2663 or click here
How much does it cost to become a Notary in Arizona?
To become a Notary in Arizona, an applicant must include a $43 filing fee or $68 to expedite when submitting his or her notary web application for appointment or reappointment, plus the cost of the required official stamp, notary journal, and bond.
How long is the term of a notary public commission in Arizona?
An Arizona notary is commissioned for a term of four years from the date of appointment. However, a notary’s commission may be rendered void by resignation, death, revocation, or when the notary public ceases to reside in Arizona.
Notary’s Jurisdiction in Arizona:
An Arizona notary has statewide jurisdiction and may perform notarial acts in any county at any location in Arizona. Likewise, an Arizona notary public may not perform notarial acts outside this state.
Who Appoints Arizona notaries public?
How to renew your Arizona notary commission:
An Arizona notary must file a web application for reappointment, new bond, and the filing fee with the Secretary of State up to 60 days prior to the expiration of his or her current notary commission. Upon reappointment as an Arizona notary, the notary must obtain a new notary seal before he or she performs a notarial act. To initiate the reappointment process, click here
Education & Testing requirements to receive or renew your Arizona notary commission:
No notary training course or test is required of new notary applicants for a notary public commission in Arizona. However, the Secretary of State may require that applicants and suspended notaries present proof of attendance from a notary training course before receiving their commissions or before reinstatement of a suspended commission. Any applicant who is required to attend a notary training course must complete the training within 90 days prior to renewing their notary public commission.
Arizona Notary Stamp & Notary Seal:
Arizona notary laws require all notaries public to use a rubber-inked stamp that prints in dark ink to authenticate all notarial acts. The Arizona Code, Title 41, Chapter 2, Article 2 (Notaries Public) provides the legal specifications regarding the layout and the information required on notary stamps.
Dimensions: Not be larger than 1 ½ inches high and 2 ½ inches wide, or no more than 1 ½ inches in diameter for round seals
Required Elements: The official seal must contain the following elements:
The words “Notary Public”
The name of the county in which the notary is commissioned
The name of the notary public as it appears on the notarial application
Great Seal of the State of Arizona
The expiration date of the notarial commission
Failure to comply with any of the preceding requirements is a class 3 misdemeanor. An Arizona notary can only have one official seal, but may also use an embossed seal that may be used only in conjunction with the notary’s official seal. An embossed seal is not an official seal of a notary public. A notary public who violates this section is guilty of a class 3 misdemeanor.
Note. Dark ink does not include red ink or ink not viewable on all copy or facsimile machines. Dark ink may include dark blue, dark purple, dark green or dark brown.
Is a Notary Journal required in Arizona?
Yes. Arizona notary laws require all notaries public to record in chronological order all notarial acts performed in a paper journal. Likewise, Arizona electronic notaries are also required to record all electronic notarial acts performed in a paper journal. A notary public must keep only one paper journal at a time; however, it is allowed for a notary to keep one journal for public records and another journal for non-public records. The American Association of Notaries and the Secretary of State recommend that an Arizona notary maintain a permanently bound journal for the notary’s protection even though it’s not required by law. For Arizona notary supplies, visit our website at www.usnotaries.com
or by calling (800) 721-2663 or click here
How much can an Arizona notary charge for performing notarial acts?
Arizona notary fees are set by the Secretary of State by rule. The maximum allowable fees an Arizona notary can charge for notarial acts are listed below:
Acknowledgments - $2.00 per signature
Oaths or affirmations - $2.00 per signature
Jurats - $2.00 per signature
Copy certifications - $2.00 per page certified
Oaths or affirmations without a signature - $2.00
An Arizona electronic notary public may not charge more than $25 for performing an electronic notarial act.
Note: An Arizona notary may not charge notarial fees for notarizing pension papers or administering oaths required in the military service. A notary public may charge a travel mileage if the notary travels to perform a notarial act; however, the travel mileage fee must not be more than the amount allowed for Arizona state employees. Arizona law mandates notaries to post in a conspicuous place a complete list of the fees they are allowed to charge (ARS 38-412).
What notarial acts can an Arizona notary public perform?
An Arizona notary public is authorized to perform four notarial acts:
- Take acknowledgments
- Administer oaths and affirmations
- Perform jurats
- Perform copy certification
Arizona enacted Title 41, Chapter 2, Article 3 (Electronic Notarization) of the Arizona Revised Statutes governing the regulation of electronic notaries who perform electronic notarial acts relating to electronic documents. In addition, the Arizona Administrative Code provides rules for electronic notaries in Title 2, Chapter 12, Article 12 (Electronic Notary) for the performance of electronic notarial acts with respect to electronic documents. The Secretary of State appoints Arizona electronic notaries public. The Arizona statutes mandate that an electronic notary public may perform an electronic notarial act only if the signer is in the presence of the electronic notary at the time of the electronic notarization. The electronic notary and the signer must be able to see, hear, communicate with, and give identification documents to each other without the use of electronic devices such as telephones, computers, video technology, video cameras, or audio technology.
An Arizona notary is required to notify the Secretary of State within 30 days after the notary’s mailing, residential, or business address changes. The notice of an address change may be filed with the Secretary of State online by click here
. Failure to notify the Secretary of State of the change of address may result in a $25 civil penalty and/or is grounds for the Secretary of State to suspend or revoke the notary’s commission.
An Arizona notary is required to notify the Secretary of State within 30 days of a surname change. Failure to notify the Secretary of State may result in the suspension or revocation of the notary’s commission.
Optional: An Arizona notary may: (1) change his or her commission name to the new name after applying as a new applicant and submitting proof from the notary’s bonding company that his or her previous bond has been cancelled; or, (2) sign his or her new name on the notary’s signature line, and below that, the notary signs his or her name the way it appears on the original commission. The notice of a name change may be filed with the Secretary of State online by clicking here.
An Arizona notary resigns his or her notary public commission by submitting an original signed letter of resignation to the Governor of Arizona. In the event of resignation, revocation of a notarial commission, or the death of a notary, the official seal, notarial journal, and public records must be delivered to the Secretary of State by certified mail within three months of such event. In addition, a signed cover letter that includes the notary’s name, commission number, and the last four digits of the notary’s social security number must be sent with the notarial items. Failure to comply with this legal requirement may result in a fine between $50 and $500 by the Secretary of State. In case of death, a representative of the deceased notary must also include with the cover letter, a copy of the notary’s death certificate.
These notary’s conducts provide a basis for disciplinary action:
Preparing, drafting, selecting, or giving advice concerning legal documents or immigration matters
Using false or misleading advertising in which the notary public represents that he or she has duties, rights, or privileges that the notary does not possess by law
Charging more than the fees authorized by statute or rule
Notarizing a document without the signer being in the notary’s presence at the time of the notarization
Using an official seal that belongs to another notary
Allowing another person to use his/her notary official seal
Notarizing the signature of any person who is related to the notary by marriage or adoption
Issuing to the Secretary of State a check for the application fees that is returned for insufficient funds or any other reason
Executing any notarial certificate that contains false statements
Notarizing a document that does not contain a notarial certificate
Notarizing a document that has blank spaces and is incomplete
Notarizing his or her own signature
Notarizing a document with a notary seal that does not conform to statute
Failing to maintain a journal that does not conform with the legal requirements
Submitting an application for a notary commission that contains substantial and material misstatement or omission to the Secretary of State
Committing any act involving dishonesty, fraud, or deceit with intent to substantially benefit the notary or another person or to substantially injure another person
Failing to administer the oath or affirmation required at the time of performing a jurat
Failing to authenticate a notarial act with the notary’s seal at the time of the notarization
Notarizing a document if the notary is an officer of any named party, if the notary is a party to the document, or if the notary will receive any direct material benefit from the transaction
Refusing to notarize a document if a reasonable request is made
Failing to discharge fully and faithfully any of the duties or responsibilities of a notary public
Failing to complete the acknowledgment or jurat at the time the notary’s signature and seal are affixed to the document
Notaries public, who commit official misconduct, may be subject to criminal liability, civil liability, disciplinary action, and other official matters. An Arizona notary, who commits any of these violations, may be subject to the following: (1) for charging more than the fees allowed by AAR R2-12-1102, the notary is liable to the aggrieved party for an amount four times the fee unlawfully asked and received, and is guilty of class 5 felony (ARS 38-143); (2) a public officer authorized by law to make or give any certificate or other writing, who makes and delivers as true such a certificate or writing containing a statement which he or she knows is false, is guilty of class 6 felony (ARS 38-423); (3) a person who acknowledges, certifies, notarizes, procures, or offers to file, register or record in a public office in this state an instrument he or she 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); (4) a non-attorney notary who advertises notarial services in a language other than English must post or include a notice in English and the other language stating “I am not an attorney and cannot give legal advice about immigration or any other legal matter,” and failure to post this notice is guilty of a class 6 felony (ARS 41-329); (5) a notary’s official seal that does not conform to the requirements of ARS 41-321(B] is guilty of a class 3 misdemeanor (ARS 41-321[(C]); and (6) a notary who makes an embossed seal as his or her official seal is guilty of a class 3 misdemeanor (ARS 41-321[C]). In addition, the Secretary of State may refuse to appoint any person as a notary public or may revoke or suspend the commission of any notary public for the violation and/or conviction of any of the above-referenced official misconduct.
Laws and Regulations:
Notary bonds and errors and omissions insurance policies provided by this insurance agency, the American Association of Notaries, Inc., are underwritten by Western Surety Company, Universal Surety of America, or Surety Bonding Company of America, which are subsidiaries of CNA Surety. American Association of Notaries, is owned by Kal Tabbara, licensed insurance agent.