Arizona Notary Laws Summary

All applicants must meet all of the requirements listed below:

• Be 18 years or older
• Be a resident of the State of Arizona for income tax purposes and claim the individual’s residence in this state as the individual’s primary residence on state and federal tax returns
• Be a citizen or a legal permanent resident of the United States
• Not have been convicted of a felony unless your civil rights have been restored
• Not have had an Arizona notary commission revoked within four years of the filing of the application

In order to receive a notary public commission, a person must:

• Meet the eligibility requirements
• Properly complete and submit a notary application form to the Secretary of State with a $25.00 filing fee. To download the notary application form, go to -
  http://www.azsos.gov/business_Services/notary/NotaryForms.htm

Not permitted.

Required. A notary bond is required in the amount of $5,000 for new and renewing notaries. The Clerk of the Superior Court shall 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 www.usnotaries.com.

Although insurance is optional, the American Association of Notaries recommends that Arizona notaries insure themselves against claims of negligence through Errors and Omission insurance. Visit www.usnotaries.com for more information.

A $43.00 filing fee is required for new and renewal notary applications.

4 years.

Statewide.

Secretary of State
Business Services Division/Notary Section
1700 West Washington, 7th Floor
Phoenix, AZ 85007-2888
(602) 542-4758
http://www.azsos.gov/business_Services/notary/

A notary public may apply 60 days before the expiration of the current commission by completing a renewal application form.

A notary public must keep as a reference a manual that is approved by the Secretary of State that describes the duties, authority, and ethical responsibilities of notaries public. A Notary Public Reference Manual may be obtained from the Secretary of State at no charge.

Required.

Type – rubber-inked stamp

Ink color – Ink color—dark ink

Required elements - notary public’s name, commission expiration date, the name of the county in which the notary is commissioned, and the words “Notary Public” and “The Great Seal of the State of Arizona.” Not more than 1 ½ inches high and 2 ½ inches wide.

Note: An embossing seal is not an official seal of a notary public, but a notary may possess one that may be used in conjunction with the notary’s official seal. The notary seal, commission, and journal remains the property of the notary public even if the employer paid for the notary materials.

If the notary public’s seal or journal is lost or stolen, the notary must notify the Secretary of State within 10 days after the loss or theft of an official journal or seal. The notary must deliver to the Secretary of State, by certified mail or other means providing a receipt, a signed notice of the loss or theft. The notary must also inform the appropriate law enforcement agency in the case of theft. Failure to provide the Secretary of State of such notice carries a civil penalty of $25.

Required. The notary journal and records must be delivered to the County Recorder’s Office of the county in which the notary was commissioned by certified mail or other means providing a receipt upon death, resignation, or removal. A notary or personal representative who neglects to deposit such journal and records within three (3) months shall forfeit to the state not less than $50 nor more than $500. In addition, any person who willingly destroys notary records shall forfeit to the state an amount not to exceed $500 and shall be liable for damages to any party injured. For notary supplies contact the American Association of Notaries by calling 800.721.2663 or visiting our website at www.usnotaries.com.

Notary fees are set by state law. A notary public is allowed to charge for each notarial act, but not more than:

• Acknowledgments $2.00
• Oaths or affirmations $2.00
• Jurats $2.00
• Certifying a photocopy $2.00

Note: No fees allowed for pension papers or military oaths. A fee schedule must be posted.

Arizona notary has the authority to:

• Take acknowledgments
• Administer oaths and affirmations
• Perform jurats
• Certify copies

Required. If a notary’s home or mailing address changes, the notary is required to notify the Secretary of State within 30 days by certified mail or another means providing receipt. The notice must include the old address and the new address. Failure to notify the Secretary of State of the new change of address will result in a $25 civil penalty, which must be paid before the commission can be renewed. If the business address changes, the notary must notify the Secretary of State by regular mail, fax, or e-mail. The notice must include the old and new business address and the notary’s name as it appears on his commission certificate. To download the change of address form, go to http://www.azsos.gov/business_Services/notary/NotaryForms.htm .

A notary who has a change of surname must notify the Secretary of State within 30 days. When notarizing, the signature line must include married name and commission name. If the name is changed due to marriage, the notary may continue to use the official seal and commission in the notary’s prior name until the commission expires. To download the name change form, go to http://www.azsos.gov/business_Services/notary/NotaryForms.htm .

In case of death a representative of the deceased notary must surrender the notary’s journal, seal, and records to the Secretary of State along with a cover letter including the items enclosed. Items are required to be sent within three months of a notary’s death or the notary’s designee shall forfeit not less than $50 nor more than $500 to the Secretary of State’s office. In case of resignation, the notary public must submit a letter to the Governor of Arizona and the Secretary of State by certified mail or by other means providing a receipt. Also the notary must send the notary seal and journal to the Secretary of State.

A notary public may not:

• Prepare, draft, select, or give advice concerning legal documents
• Perform acts that constitute the practice of law
• Use false or misleading advertising in which the notary public represents that he has duties, rights or privileges that he does not possess by law
• Use the phrase “notario” or “notario publico” to advertise notary services
• Overcharge fees for notary services
• Notarize a document without the signer being in the notary’s presence
• Notarize the signature of any person who is related by marriage or adoption
• Provide a nonpayment of a check issued for application fees
• Be involved in fraud or deceit with intent to injure another person or substantially benefit the notary
• Execute any notarial certificate that contains false statements
• Notarize a document that contains no notarial certificate

Notaries public who commit official misconduct may be subject to criminal liability, which may include the revocation of their notary public commission.

Click here to view your state's notarial certificates.