ARIZONA NOTARY PUBLIC WORKSHOP Business Services Division OFFICE

ARIZONA NOTARY PUBLIC WORKSHOP Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Today’s Presentation NOTICE: The workshop does not directly follow the Notary Public Reference Manual. While page numbers are given throughout the presentation, this is for reference purposes only. Instead, the manual is intended to supplement the workshop presentation. THE BASICS GETTING STARTED NOTARIAL DUTIES STEPS FOR A PROPER NOTARIZATION NOTARY VIOLATIONS Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 4 of your Manual The Basics Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 2 of your Manual THE BASICS DEFINITION OF A NOTARY An Arizona notary public is a ______ public officer commissioned by the Secretary of State to perform notarial acts. impartial witness (A. R. S. § 41 -328(B)). An A Notary is an _______ impartial witness must have no conflict of interest. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Notary Public Reference Manual REQUIREMENTS Arizona notaries are required to have a copy of this manual and keep it at their side for reference. It is the LAW. See page 14 of the Notary Public Reference Manual for more information. A. R. S. § 41 -312(E)(5) Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 4 of your Manual THE BASICS Legal requirements to become an Arizona notary include: • Applicant must be an Arizona resident. • Be at least 18 years of age. • Be able to read and write English. • Be a citizen or legal permanent resident of the United States. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 4 of your Manual THE BASICS LEGAL REQUIREMENTS: Applicants must not have been convicted of a felony unless an applicant’s civil rights are restored, or convicted of a lesser offense involving moral turpitude or of a nature incompatible with the duties of a notary public. A copy of court documents reflecting the original charge, restoration of civil rights and a written explanation must be submitted with an application. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 4 of your Manual THE BASICS NOTICE If an applicant has had a professional license revoked or suspended for misconduct or dishonesty or any cause that substantially relates to the duties or responsibilities of a notary public, or if the applicant has ever had a notary commission revoked, the Secretary may refuse to grant the applicant a commission. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 6 of your Manual FEES SCHEDULE Fees must be paid in advance to the Secretary of State. They include: Secretary of State 43. 00 $25. 00 Application fee + $18. 00 Notary bond filing fee $43. 00 Total Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 6 of your Manual FEES SCHEDULE Other office fees: Change of Business, Mailing or Home Address: If notification is received within 30 days of change - No Charge If notification is NOT received within 30 days of change - $25. 00 civil penalty Name Change: No Charge Notarial Capacity Certificate: $18. 00 Expedite Fee: $25. 00 Duplicate Commission Certificate: $18. 00 Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 4 of your Manual APPLICATION FORMS To apply for or to renew a commission you must: Go to https: //apps. azsos. gov/apps/notary/application/default. aspx Read, follow the instructions and answer the questions provided on our website carefully. Remember you are attesting to the accuracy of the information and that you have read, understand will follow all rules, laws and regulations from Title 41, Chapter 2, Article 2. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 5 of your Manual NOTARY BONDS Surety Bond E & O insurance may be purchased by the notary performs a notarization. a notary through an insurance or State law requires applicants to purchase a four-year $5, 000 notary bonding company. Before submitting an application to the office applicants must purchase a A surety bond protects the _____ public for whom notary bond. Applicants shall purchase duplicate bonds. This insurance protects the notary if the notary inadvertently makes an error or leaves something off when. The notarizing a The bond does not: bond is not: document. protect the notary public. * purchased from the Secretary of State’s Office. One should be retained by the applicant; the other bond is submitted with the application to the Secretary of State. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 5 of your Manual NOTARY BONDS Surety Bond licensed surety. Bonds must be purchased from a _____ Be Aware: A licensed surety means: The State of Arizona does not designate an “official” bonding company. • a notary bonding company • an insurance company OR Be wary of any company claiming to be an “official” bonding company of the • a notary organization. State of Arizona as they have not been designated as such by the Secretary of State’s Office or the State of Arizona. These entities can be found in a phone Fees vary for notary bonds by each book or online. licensed surety. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 5 of your Manual NOTARY BOND Requirements The notary bond: Must display the applicant’s printed name and be signed in two places exactly as it is signed on the application. Cannot be issued more than 60 days before or 60 days after the commission is initiated [A. R. S. § 41 -315(B)]. Must be properly notarized [A. R. S. § 41 -312(B)]. Must display effective and expiration dates and shall have the expiration date always one day less and four years later than the effective date. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 10 of your Manual NOTARY PUBLIC Commission Renewals There is no automatic renewal process for a commission. Notary Responsibility It is the notary’s responsibility to initiate the renewal process up to two months before expiration. Notaries public should submit a renewal A notary shall re-apply application, new bond and filing fees to the with an application, bond and filing fee. Secretary of State’s Office 60 days prior to the expiration of a commission. * Upon re-appointment a new A bond shall be procured as seal with notary’s new stated in the Notary Public expiration date shall be Reference Manual. procured before performing a notarization. *Notaries public may continue to notarize until midnight on the date of their commission expiration Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 5 of your Manual APPLICANT PRIVACY A. R. S. § 41 -312(F) Public Records An applicant’s name and business information are public information. All other information on the application form is confidential. Only the applicant, the applicant’s representative, or a public officer acting in an official capacity can view the application. The request must be put in writing on letterhead to our office The public can search online for Arizona notaries through the Arizona Secretary of State Notary Public System. Under “Search Your Commission” the name and business address of a notary can be searched. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 6 of your Manual PROCESSING TIME Application First time applicants and commission renewals take up to _______ four weeks to process. If an applicant: Meets the requirements to become a notary public, their application will be processed, and a commission certificate will be email to them. Has failed to produce required documents or has an error on the application. Does not meet the requirements, the application will be mailed back within 30 days. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 6 of your Manual REJECTIONS Common reasons an application is If there is a discrepancy between the name and/or the signature. If the bond dates are incorrect. If a bonding or insurance company cancels a bond before the end of a notary public’s four-year commission. If other information on the bond is incorrect. If the check used to pay for the commission bounces. Secretary of State Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP TEST YOUR KNOWLEDGE Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP The notary bond required is to protect: A. The Notary B. The Public C. The Constitution of the United States B. The Public Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP The following information about a notary is public information: A. Home Information C. Business B. Mailing Information C. Business Information Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Notaries public may initiate the renewal process: A. 30 days before the expiration date. B. 60 days before the C. 30 days after the expiration date. D. 60 days after the expiration date. B. 60 days before the expiration date. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP What insurance can a Notary obtain when purchasing his/her Notary bond to protect them? A. E & O Insurance. B. Liability Insurance. C. Full Coverage Insurance. A. E & O Insurance. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Arizona Law requires notaries public to 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. True. False. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 7 of your Manual Getting Started Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 7 of your Manual DUTIES A. R. S. § 41 -313 Duties of notary public can only be performed when the notary public has: • An original commission certificate issued from the Arizona Secretary of State’s Office • An original notary bond on file with the application • A notary public seal • A notary public journal Commission Term Length: Four Years Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 7 and 8 of your Manual RIGHTS & RESPONSIBILITIES CERTIFICATES – PROOF OF COMMISSION A commission certificate is an official document issued by the Secretary of State’s Office that certifies the appointment of a notary public. Certificates do not have to be posted, but must be kept in a safe place and if requested, be presented as proof of a notary public’s commission [A. R. S. § 41 -311(2)]. To prevent fraud, do not provide a copy of the certificate to anyone other than the vendor who creates the notary’s seal (A. R. S. § 41 -321). Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 7 and 8 of your Manual RIGHTS & RESPONSIBILITIES COMMISSION – OWNERSHIP Anyone can pay for a notary commission. Payment of fees and other associated costs does not constitute ownership of the commission. Notary commissions are NOT transferable between persons or transferable to another state. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 7 and 8 of your Manual RIGHTS & RESPONSIBILITIES FEES – OWNERSHIP & REPORTING AS INCOME Fees charged for notarial services outside of the notary public’s workplace remain the notary public’s property A. R. S. § 41312(C)(2). Fees are considered earned income Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP RIGHTS & RESPONSIBILITIES See Pages 7 and 8 of your Manual EMPLOYER – NOTARY WORKPLACE RESTRICTIONS An employer of a notary public may not limit the notary public’s services to customers or other persons designated by that employer [A. R. S. § 41 - 312(C)(3)]. Notarizations can be performed outside the workplace regardless whether a private or public entity pays for a notary public’s commission. Leaving Place of Employment or Termination of Employment Notary Options • Continue as a public servant • Let the commission expire • Resign Commission Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 7 and 8 of your Manual RIGHTS & RESPONSIBILITIES JOURNALS – OWNERSHIP AND POSSESSION Regardless of whom pays for a notary public’s commission, whether it be a private or public entity, the notary public’s seal and journal are the property of the notary public if the journal contains public records. The notary public shall not relinquish the journal to the employer if the journal contains public records [A. R. S. § 41 -312(C)]. A journal that contains only nonpublic records is property of the employer when the notary public leaves that employment. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 9 of your Manual RECEIPT OF CERTIFICATE UPON RECEIVING A CERTIFICATE FROM OUR OFFICE THE NOTARY SHALL: • Purchase a Notary Seal • Purchase a Notary Journal Order a seal from a stationary office supply store, maker of rubber stamps, bonding agent* or professional notary organization. Purchase a journal from a stationary office supply store or a notary organization The notary shall supply a copy of the certificate to the company making the seal * If a bonding agent uses an out-of-state vendor to obtain a notary seal, the vendor is still required to obtain a copy of the commission certificate before making a notary seal. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP NOTARY SEALS See Page 9 of your Manual COMPONENTS OF A VALID NOTARY SEAL: Must be a rubber stamp Have dark ink, which includes: dark blue, dark purple, dark green, dark brown or black. Red ink or ink not viewable on all copy/fax machines are unacceptable. A Notary Seal contains information about the notary’s commission and is used on notarized documents. Business Services Division A notary seal shall contain: • The words “Notary Public” • The notary public’s name as commissioned on his or her certificate • The Arizona county in which the notary public was commissioned • The notary public’s commission expiration date and COMMISSION NUMBER • The Great Seal of Arizona [A. R. S. § 41313(E)]. OFFICE OF THE SECRETARY OF STATE Compliance: A. R. S. § 41 -313(E)(2)

ARIZONA NOTARY PUBLIC WORKSHOP See Page 9 of your Manual NOTARY SEALS SHAPES AND SIZES A. R. S. § 41 -321(B) The notary seal must not be larger than 1 1/2 inches high and 2 1/2 inches wide. A notary seal can be any shape: NOTARY PUBLIC Maricopa County J. I. Doe My commission expires March 2, 2002 NOTARY PUBLIC Maricopa County Jane I. Doe My commission expires March 2, 2002. A notary public may use an embosser, sometimes referred to as a crimper, but may only do so in conjunction with the use of a rubber stamp notary seal. NOTARY PUBLIC Maricopa County Janie Doe My commission expires March 2, 2002. Business Services Division OFFICE OF THE SECRETARY OF STATE NOTARY PUBLIC Maricopa County J. Imelda Doe My commission expires March 2, 2002

ARIZONA NOTARY PUBLIC WORKSHOP NOTARY JOURNALS See Page 9 & 49 of your Manual COMPONENTS OF A NOTARY JOURNAL INCLUDE: Must be a paper journal And all entries must be in chronological order Although the law does not require the journal to be permanently bound, the Secretary of State’s Office recommends use of a permanently bound journal for the notary public’s protection. Permanently bound pages are more difficult to remove from a journal than loose-leaf pages. A Journal provides proof that a notary performed a notarization. Business Services Division OFFICE OF THE SECRETARY OF STATE Compliance: A. R. S. §§ 41 -313 and 41 -319

ARIZONA NOTARY PUBLIC WORKSHOP See Page 22 of your Manual NOTARY JOURNALS AND NOTARY TRANSACTIONS PUBLIC RECORDS AND JOURNALS public record However, some are not. Most notary journals are ______. Journals that are not public record include: notary records that would violate the attorney/client privilege or that are confidential due to state or federal law. If a notary works for a business that is not an attorney’s office or that is not governed by state or federal confidentiality laws, the notary’s journal entries are public record. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 22 of your Manual NOTARY JOURNALS AND NOTARY TRANSACTIONS PARENTAL CONSENT Notarized statements and journal entries associated with the parental consent for abortion statutes are confidential and are not public records. These documents must not be disclosed in response to a public records request, and the contents must be kept confidential. Compliance: A. R. S. § 36 -2152 Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 10 of your Manual AMENDMENTS Amendments to commissions include: Failure to comply may be Failure to notify of a business, grounds for the Secretary of mailing or residential Name Change address Address Change State’s Office to refuse, revoke change within 30 days may result A commissioned notary shall notify or suspend a notary public’s in anotify $25 the civil penaltyof payable Secretary State’s the Secretary of State’s Office commission. before theof. Notary’s y Officerenewal within 30 of days a name within , 30 th days of taraddress oan n e y t n u o c change. Commission. moves to a new rofysurname. ew n s t s If a nota. A commissioned notary li t a h t l a e s name changes can: whose new a in a t b o t o n shou 1. ld Apply for a new commission. under his or her new name. y t n u o c 2. Alternatively, the notary does not have to apply for a new commission if he or she: • Signs his or her new name • And below that, signs his or her name the way it was originally commissioned. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 11 of your Manual RESIGNATION A notary may resign a commission at any time. A notary who chooses to resign must complete the Resignation web-based Form on our website and submit the original resignation letter. A commission is not officially resigned until the Secretary of State has been A notary publicare who resigns atocommission mustthree deliver notified. Items required be sent within months of a notary’s resignation the Secretary State’s Office All correspondence and of or the notarytoshall forfeit notofless than $50 nor more than $500 to the Secretary his or her notary public seal, surrendered items should be sent State’s Office (A. R. S. § 41 -317). journal and other notary records. PUBLIC RECORD JOURNAL NON-PUBLIC RECORD JOURNAL Business Services Division OFFICE OF THE SECRETARY OF STATE by certified mail or other means providing a receipt [A. R. S. § 41317(A)].

ARIZONA NOTARY PUBLIC WORKSHOP See Page 11 of your Manual COMMISSION EXPIRATION OR DEATH OF A NOTARY SURRENDERING JOURNAL, SEAL AND RECORDS In the case of the death of a notary, a personal representative of the notary shall surrender the items to the Secretary of State within 90 days and include a copy of the notary’s death certificate. A notary public shall send the seal, journal and records to the Secretary of State’s Office. A signed cover letter that includes the notary’s name, commission number and last four digits of the notary’s social security number should be included with the items. chooses to allow a commission to expire shall deliver his or her notary public. All correspondence and surrendered items should be sent by certified mail or other means providing a receipt [A. R. S. § 41 -317(A)]. Items are required to be sent within three months of a notary’s resignation/expiration or the notary shall forfeit not less than $50 nor more than $500 to the Secretary of State’s Office. A. R. S. § 41 -317 Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 9 of your Manual THEFT & LOSS OF SEALS AND JOURNALS REPORTING, REPLACING If you obtain a new seal after reporting a seal losttheft/compromised or stolen but has then find the If loss, occurred contact the local law enforcement agency in your the jurisdiction. old seal, simply destroy old seal Notary completeusing the Notice Loss or Theft/compromised of andmust continue theof new one. Journal or Seal web-based form Online The notary public shall notify the office within the 10 days as specified in A. R. S. § 41 -323. Notary public seals lost, stolen or compromised must be replaced. Lost or stolen Oncenotary the new journals seal iscan received: be replaced. The shape and ink color of the replacement seal should be different than the seal original seal. Document in your journal Purchase when ayou new started journal to use the replacement Document why the journal was replaced in the new journal Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP TEST YOUR KNOWLEDGE Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP What four things must a Notary have prior to performing duties as a Notary? A. An original commission certificate, a bond filed with the Secretary of State, a notary seal and Journal. B. An application, a bond, E & O insurance and a pen. C. A bond, a Power of Attorney, a Journal and a Reference Manual. A. An original commission certificate, a bond filed with the Secretary of State, a notary seal and Journal. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Notaries are commissioned for how many years? A. 1 Year. B. 2 Years. C. 3 Years. D. 4 Years. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Notaries must notify the Secretary of State’s office of an address change within how many days, to prevent a civil penalty fee? A. I don’t have to, I can update it at the time of renewal. B. Within a year. C. Within 30 days. D. Within 10 days. C. Within 30 days. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Notaries must notify the Secretary of State’s office of theft/loss of Seal and Journal within how many days, to prevent civil penalty fee? A. I don’t have to, I can update it at the time of renewal. B. Within a year. C. Within 30 days. D. Within 10 days. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP An employer of a Notary Public regulates the fees a Notary can charge per notarization. True. False. Business Services Division OFFICE OF THE SECRETARY OF STATE Companies and employers MAY NOT ask notaries public to charge more than the authorized fee per signature. A notary public can charge no more than $2. 00 per signature.

ARIZONA NOTARY PUBLIC WORKSHOP The commission certificate, notary seal and public record journal are property of the Notary, regardless of who pays for the commission and notary tools. True. False. True. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Notary journals must be paper journals and in chronological order. True. False. True. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Notarial Duties Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 25 of your Manual • NOTARIAL ACTS commissioned notary public can perform four notarial acts (A. R. S. § 41 -313). A _______ The acts include: 1. acknowledgments 2. jurats 3. copy certifications 4. oaths & affirmations Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Notarial Acts See Page 26 of your Manual 1. acknowledgments Defined A. R. S. § 41 -311(1) you t a h Sample t s d n mme o is a notarial acthiner c e r y Ancacknowledgment r a t e or whose s Se arnotary i h f i r Thewhich certifies signer e _______ that a _______, n Sigsatisfactory evidence e. h t y l i k r s a t a n o identity is proven by __________, u l s l o a ev d a m s a ure w before the notary and ignatappeared sacknowledged that they signed the document. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Notarial Acts See Pages 27 and 28 of your Manual 2. jurats Sample Defined A. R. S. § 41 -311(5) notary certifies A jurat is a notarial act in which the _______ that a signer ______, whose identity is proven by __________, satisfactory evidence has: “I, John Doe, swear or affirm that the contents of this • Made in the notary’s presence a voluntary signature, and has: document are true and correct. ” • Taken an oath or affirmation vouching for the truthfulness of the signed document. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Notarial Acts See Pages 28 and 29 of your Manual 3. copy certifications Sample Defined A. R. S. § 41 -311(3) copy original notary certifies A copy certification is a notarial act in which the _______ photocopy that a _______ of an original document was made that is neither a public record nor publicly recordable. The notary must have access to a copy machine. Examples of documents publicly recordable include: • marriage licenses • birth or death certificates • court records Business Services Division • real estate deeds OFFICE OF THE SECRETARY OF STATE • divorce papers

ARIZONA NOTARY PUBLIC WORKSHOP Notarial Acts See Page 30 of your Manual an r o th a o n a r e h eit A violation 4. of oaths ry. ju r e p & affirmations s te tu ti s n o affirmation c Defined A. R. S. § 41 -311(10) notarizations a notary may be required to give During _______ signer or _______ credible person an ______ affirmation a ____ oath or ______. An oath means the signer or credible person is swearing to a supreme being, for example God. An affirmation is taken when the signer or credible person does not believe in a supreme being or does not want to swear to a supreme being. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 16 of your Manual DOCUMENTS WITHOUT CERTIFICATES If a document does not contain a notarial certificate but the individual wants his or her signature notarized, the notary public must ask the requestor the type of notarization he or she wants. The individual requesting the notarization determines the type of notarial certificate. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 27 and 50 -52 of your Manual DOCUMENTS WITHOUT CERTIFICATES Not Enough Room on the Page? After the individual requesting the notarization has determined what type of notarial certificate. The Notary will “attach” a certificate to the document using a separate piece of paper. Business Services Division The attachment must contain the notarial certificate and a description of the document which Includes at a minimum the: • Title or type of document • Document date • Number of pages • Names of additional signers other than those in the notarial certificate OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 15 and 16 of your Manual NOTARIZATION REQUEST Getting started You must be in the State of Arizona boundaries to notarize a document! Living Will Power of Attorney Example: What are your posted hours? ? ? If a request is made even 1 minute before closing, it is a reasonable request. Page 2 of 2 A reasonable request is made by a person wanting a notarization Business Services Division OFFICE OF THE SECRETARY OF STATE If Athe document signer must is not presentbefore then the be present notary publicbefore may any notary can be perform theact notarization. A. R. S. performed. § 41 -313(B)(1)

ARIZONA NOTARY PUBLIC WORKSHOP SATISFACTORY EVIDENCE OF IDENTITY See Page 17 and 18 of your Manual A notary shall identify the signer of a document. This is referred to as satisfactory evidence of identity. Satisfactory evidence of identity includes: 1. 3. personal knowledge Business Services Division credible person OFFICE OF THE SECRETARY OF STATE 2. valid identification

ARIZONA NOTARY PUBLIC WORKSHOP See Page 18 of your Manual SATISFACTORY EVIDENCE OF IDENTITY 1. personal knowledge A notary can use personal knowledge of the signer if the notary has known the individual for a sufficient length of time and the notary is assured that the signer has the identity claimed. Business Services Division OFFICE OF THE SECRETARY OF STATE When a notary verifies a person’s identity using personal knowledge, the notary does not need to use witnesses or identification cards.

ARIZONA NOTARY PUBLIC WORKSHOP See Page 18 of your Manual SATISFACTORY EVIDENCE OF IDENTITY 2. 1 An unexpired driver license or temporary ID issued by any state or territory of the United States valid identification 2 An unexpired passport book or card that is issued by the United States Department of State Business Services Division OFFICE OF THE SECRETARY OF STATE 3 Any unexpired identification card that is issued by any branch of the United States Armed Forces

ARIZONA NOTARY PUBLIC WORKSHOP SATISFACTORY EVIDENCE OF IDENTITY See Page 17 of your Manual 4 2. valid identification, cont. A notary may also accept: Any other unexpired identification card (ID) issued by the United States government or a U. S. state, or U. S. tribal government that contains: The written physical description must contain, at a minimum: • the individual’s height • weight the individual’s photo, • color signature, andof hair • color of eyes written physical description The ID card must meet all these requirements. The notary cannot use one ID card that meets some of the requirements and another one that meets the other requirements. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP SATISFACTORY EVIDENCE OF IDENTITY See Page 17 of your Manual 5 2. valid identification, cont. A notary may also accept: Inmate identification card or any form of inmate identification Inmate must be in custody of State Department of Corrections or County Sheriff’s Dept. and the identification must be issued by the State Department of Corrections or County Sheriff’s Department. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 18 of your Manual IDs issued from another government SATISFACTORY EVIDENCE OF IDENTITY 2. valid identification Always check the expiration date Refusal Due to Insufficient Evidence A notary may refuse the notarization: If the ID card or license presented is not current; or is not issued by the United States government, a U. S. state or U. S. tribal government; or if the notary believes the ID card presented is fraudulent. Always document refusals in your notary journal Business Services Division OFFICE OF THE SECRETARY OF STATE

ns for NOTARY PUBLIC WORKSHOP o i s i v o ARIZONA r al P yance Addition onve C e t a t s Real E ing! c n a n i See Pagea 17 of your Manual F nd Real Estate Conveyance and Financing (ONLY) A notary may also accept: ertain c m m o o fr fr s d sa te vi p t e u c o c ith a w n s o State cannot rt Passpo. Important Identificatiof Notice: The Secretary are and Mexico a d a n a C m o fr rs o qualified individuals who it vis Travel re g definitively say what may or may be acceptable Any othernot valid unexpired identification e tin h a p ip is ic rt m a e p s H ie tr rn n u te s co e We visiting from nderisthdeemed u that acceptable by the e. gov m. U. S. o it h is u V. o m ty ra e g in these instances. The burden is on the industry to ro. g P w r e w iv w a W it isa A valid foreign passport the Vunexpired in itiative. Visof Homeland Security In. Department to. n ch o su ti f a o t rm lis fo a r in fo v re o o. g with attorneys their practices that includes unexpired visa, to ensure rm tate a valid foan. sconsult www establishthat individual’s legal tries. or other documentation issued by with presence counare consistent these provisions. in the United States and that the U. S. government to establish an individual’s legal presence in the United States. Business Services Division is accompanied with supporting documents as required by the U. S. Department of Homeland Security. OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Satisfactory Evidence of Identity See Page 18 of your Manual 2. valid identification IDENTIFICATION CARDS AND FRAUD Arizona Notary’s should learn how to detect fraudulent and false identification presented to them. The notary needs to take reasonable care to compare the document and journal signatures to make sure they are being made by the same person. Contact your local law enforcement agency to see if they offer classes on detecting fraudulent identification cards. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 18 of your Manual SATISFACTORY EVIDENCE OF IDENTITY CREDIBLE PERSON 3. credible person If a notary does not know the signer (personal knowledge) and the signer does not have an ID Card (valid identification card) the notary can use a credible person to identify the signer. Business Services Division OFFICE OF THE SECRETARY OF STATE A credible person must be someone who knows the signer personally. Some state’s refer to a credible person as a credible witness.

ARIZONA NOTARY PUBLIC WORKSHOP SATISFACTORY EVIDENCE OF IDENTITY See Page 18 of your Manual 3. Notary credible person Credible Two Types Person Signer Someone The first is a credible person whom the notary knows and who knows the signer. Satisfactory evidence in this case is personal knowledge, with the credible person being placed under oath that the signer has the identity claimed. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP SATISFACTORY EVIDENCE OF IDENTITY See Page 18 of your Manual 3. credible person Two Types ? Notary Credible Person Signer The second is a credible person whom the notary does not know but who personally knows the signer. This type of credible person must have an identification card that meets the requirements under Valid Identification (ID) Card. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 18 of your Manual SATISFACTORY EVIDENCE OF IDENTITY 3. credible person Credible Documentation Person Someone The notary must list in the journal the type of satisfactory evidence of identity used for the credible person, whether it is personal knowledge or a valid identification card and obtain the credible person’s signature. The signer’s signature must also be obtained. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP DOCUMENTS WITH A SIGNATURE See Page 19 of your Manual Documents with acknowledgment may be Documents can only be pre-signedlanguage when acknowledgement pre-signed. However, even if the document is pre-signed, the language appears on the document because the signer does document signer still must be present before the notary not have to inbe placed oath. to take place. order for theunder notarization Personal knowledge Valid Identification Card Credible Person If you know the person, more than likely you know his or her signature. If a valid ID is presented, compare it to the signature on the document. Business Services Division OFFICE OF THE SECRETARY OF STATE If a credible person is used, compare the signer’s journal signature with the signature on the document.

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 22 of your Manual PUBLIC RECORDS CAN BE REQUESTED If the journal record is a public record anyone can request a copy of the transaction. The person making the request must provide the request in writing and include: NEVER let anyone view ALWAYS cover upan entry that isand not a entries above public record. below the requested NEVER let anyone look entry before copying through a journal. • Month and year of the notarial act • Name of the person whose signature was notarized • The type of document or transaction or showing the entry. If the person requesting a transaction record is not If the person requesting a transaction record specific in his or her request the notary provides this information and the information is can refuse the request under the law [A. R. S. § 41 -319(F)] public record, the notary shall provide it. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 23 of your Manual KEEPING TWO JOURNALS UNDER A. R. S. § 41 -319(E) Don’t perform both types? ? ? Notaries who notarize documents outside of the workplace shall use the same public record journal used in the workplace. The notary shall take the journal and seal with them if they plan to notarize a document outside their normal work hours. PUBLIC RECORD JOURNAL NON-PUBLIC RECORD JOURNAL Notaries who perform both types of notarizations can keep an additional journal for those non-public record entries under the law. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 18 of your Manual DID YOU KNOW? Journal entries do not have to be made if the notary ____ always personally know the signer and _____ always keeps a _______ paper or _____ electronic copy of all notarized documents. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 23 of your Manual DID YOU KNOW? The 6 -Month Rule REMEMBER: A notary is still required to record the transaction every single time. for the same Notaries who notarize signer moreentry thanisonce a six-month If this type of journal usedin a notary must obtain period, must the first a signature in their journal everytime. . . six months (and ID ifsatisfactory personal knowledge is not used). evidence of identity Obtain Then have the requestor sign the notary’s journal The second and ADDITIONALLY: successive times within The six-month notary should makethat a note the journal the period theinnotary indicating thefor last time they obtained the signer’s notarizes that person, they may. . . ID and signature. For example, underof the signature Not require satisfactory evidence identity line and ID information the notary can reference the Not have sign their journal page andthe linerequestor number that contains the signature and ID of the first time they recorded the information within the six month period. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP DID YOU KNOW? See Pages 23 of your Manual Grouping Entries Notaries can ______ group documents one journal together and make ______ type entry if they perform the same _____ like of notarization on _______ documents for a single signer on the same date and time. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 11 of your Manual DID YOU KNOW? Five-Year Rule Notaries must keep journals at least ____ five years. You may continue using your journal, if it is not full at the end of your commission, through the new term. Notaries that have been re-commissioned, and have been a notary for more than _____ five years, can destroy any journal in least five which the most recent entry is at _____ years old. Exception: If a notary resigns a commission he or she shall surrender the journal to the Secretary of State’s Office. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP FEES A NOTARY PUBLIC CAN CHARGE See Page 24 of your Manual A notary public can Remember: A Notary shall not Charge no more than$10. 00 ______ per notary advertise, or receive a fee signature. charge (Per R 2 -12 -1102. Notary Public P. 36) for performing. Fees, a notarial act except Our bank as specifically authorized by rule. doesn’t charge notary fees, sir. A. R. S. § 41 -316(C) Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 24 of your Manual POSTING FEES AND REQUESTING SERVICE CHARGES Mileage canlaw berequires chargednotaries if the notary travels a distance Arizona public to post a notarization. place. schedule to of perform fees in aaconspicuous The rate is the amount allowed Arizona state employees. The mileage fee schedule is posted at www. gao. az. gov/travel Choose the link labeled: “Supplement I: Maximum Mileage, Lodging and Meal Reimbursements” Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP WORKPLACE FEE LIMITS See Page 24 of your Manual Companies and employers may not ask notaries public to charge more than the authorized fee per signature. This request is in violation of Arizona rule which has the same force and effect as law. Fees charged during regular work hours remain the property of the employer. Notarizations performed outside the workplace are the property of the notary public. Fees must be reported as income for tax purposes. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP TEST YOUR KNOWLEDGE Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP What four notarial acts can a commissioned Notary perform? B. Acknowledgments, jurats, copy certifications, oaths & affirmations. Jurats, Copy Certifications, C. You can only perform acknowledgements. Oaths & Affirmations. A. Copies and Oaths. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Which type of documents is a Notary not authorized to perform a Copy Certification of? A. Documents that are a public record nor publicly recordable. B. AZ Drivers license/ID. A. Documents that are a public C. There are no exceptions, a notary public can make copies of. any record nor publicly recordable documents. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP How can a signer take an oath if they do not believe in a supreme being or want to swear to a supreme being? A. By taking an Acknowledgment. C. By taking an B. There is no other way. Affirmation. C. By taking an Affirmation. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP What additional information must an “attached” notarial certificate contain? A. Title or type of document, document date, number of pages, names of any additional signers B. Title or type of document only. other than those in the notarial C. No description is needed. certificate. A. Title or type of document, document date, number of pages, names of any additional signers other than those in the notarial certificate. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP How can a Notary identify a signer for satisfactory evidence of identity? B. Personal knowledge, credible person or valid identification. Credible Person or Valid C. Just a the identification card is valid. Identification. A. No Satisfactory evidence of identity is needed. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP How long must a Notary keep their journals? C. They Can Use The Same Journal A. One year. Until It Is Full. Once It Is Full, They B. They must purchase and use a new journal every May Destroy It As Long As The Last commission. Transaction Recorded Isis At Least 5 C. They can use the same journal until it full. Once it is full, they may destroy it as long as the last transaction recorded is Years Old. at least 5 years old. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP A notary can decide what type of notarization can be perform in any document without a notarial certificate. True. False. Business Services Division OFFICE OF THE SECRETARY OF STATE Only a signer can choose the type of notarization they want performed on their document.

ARIZONA NOTARY PUBLIC WORKSHOP Notaries can only perform notarization in the county they are commissioned in. True. False. Business Services Division OFFICE OF THE SECRETARY OF STATE An Arizona notary can perform notarizations anywhere within state boundaries.

ARIZONA NOTARY PUBLIC WORKSHOP See Page 21 of your Manual STEPS TO FOLLOW FOR A PROPER NOTARIZATION VERIFICATION The SIGNER must be PERSONALLY PRESENT. Living Will Power of Attorney Page 1 of 2 Business Services Division OFFICE OF THE SECRETARY OF STATE If yes continue

ARIZONA NOTARY PUBLIC WORKSHOP See Page 21 of your Manual STEPS TO FOLLOW FOR A PROPER NOTARIZATION The Signer must communicate. VERIFICATION directly with the notary in a language they both understand, or through a translator who is physically present with the Signer and the Notary at the time of the Does notarization. A. R. S. COMPREHEND § 41 -313(B)(3) the underlying transaction on the document? the SIGNER The Signer must also sign in a language that the notary understands. A. R. S. § 41 -313(B)(2). if yes then Is the SIGNER PROCEEDING WILLINGLY? No, haven’t been Yes, I these are my threatened in any wishes. My way. attorney My brother just drove prepared the me here. document. If yes continue Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 21 of your Manual STEPS TO FOLLOW FOR A PROPER NOTARIZATION VERIFICATION Has the notary IDENTIFIED the SIGNER? Here is my Arizona Driver License. Do you need another ID card as well? If yes continue Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See page 21 of your Manual STEPS TO FOLLOW FOR A PROPER NOTARIZATION VERIFICATION Has a COMPLETE DOCUMENT been presented for notarization? Page 1 of 2, Page 2 of 2, Living Will Power of Attorney Page 1 of 2 Page 2 of 2 all pages accounted for… If yes continue Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 21 of your Manual STEPS TO FOLLOW FOR A PROPER NOTARIZATION VERIFICATION Verify that the NOTARIAL LANGUAGE of the desired notarial act is on the document and obvious. If yes If no… continue Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 21 of your Manual STEPS TO A PROPER NOTARIZATION VERIFICATION If no act is clearly identified or is missing then the signer must choose the notarial act A notary can explain the differences between the various acts, but cannot choose the act or the notary risks practicing law without a license. Once determined continue Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 21 of your Manual STEPS TO A PROPER NOTARIZATION VERIFICATION RECORD THE TRANSACTION. Indicate the notarial transaction performed in a notary journal. Continue Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 22 and 55 of your Manual HOW TO ENTER ITEMS IN THE JOURNAL The description of the document or type of notarial act printed: Although the law. The says “or, ” the Secretary recommends filling in Name Ensure The date accuracy: the The notarial notary act should fill out this both fields if of offered in the journal Address & Signature information using the provided ID Notaries may want to include the time of of the requesting the notarial act day they person perform the notarial act here. It is not required but may be helpful in the future to remember the notarization Remember to check the signature. Does it match? Remember the four types include: acknowledgment, jurat, copy certification, and oath or affirmation Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Provide a description of ID used Type of satisfactory evidence of identity used Remember: If a credible person, include name & address have them sign the journal If not known to the notary provide Personal knowledge Credible Person Card witness description of. ID credible ID Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Not required, but notaries may ask for a thumb print if journal Ifthe a fee was has an area to include charged, a print. enter the fee amount here. Notarization fees will be discussed in a moment MAKE SURE TO COVER ALL ENTRIES NOT PERTAINING TO THE NOTARIZATION AT HAND. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP RECORD THE TRANSACTION Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 21 of your Manual STEPS TO A PROPER NOTARIZATION NOTORIZATION Complete the NOTARIAL CERTIFICATE on the document Enter the county in Arizona where the notarization is taking place. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 21 of your Manual STEPS TO A PROPER NOTARIZATION NOTORIZATION Complete the notarial certificate Fill in the areas of the notarial certificate. Enter the date of the notarization. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 21 of your Manual STEPS TO A PROPER NOTARIZATION NOTORIZATION Complete the notarial certificate Sign the document exactly as it appears on the Notary application and bond. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 21 of your Manual STEPS TO A PROPER NOTARIZATION NOTORIZATION Complete the notarial certificate Affix the notary seal NOTARY PUBLIC Maricopa County Notary Public My commission expires June 2, 2021. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Test Your Knowledge Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP What are the exceptions to a signature when a signer is not able to sign? A. Thump Print Or an “X”. B. No signature is fine. A. Thump print or an “X”. C. The signer must sign, there is no exception. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Why must notaries create a journal entry for each notarization performed? is not a requirement, it is a suggestion. B. AA. Itjournal Entry Provides Proof B. AThe journal. Notary entry provides proof that the That Public Performed notary public performed a notarization. A Notarization. C. Notaries don’t need to have a journal. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP A notary can notarize a document in any language, even if they don’t understand it. True. false. False. Business Services Division A notary only verifies the identity of the signer of a document and not the truthfulness, accuracy or validity of the document. OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP A notary must always be able to communicate with the signer in a language they both understand. True. true. False. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP As long as the Notary has personal knowledge of the Signer, the Notary can perform a notarization that contains an electronic signature. True. False. Business Services Division The signer must be PERSONALLY present and the document must contain a wet signature. OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP LIABILITY NOTARY VIOLATIONS Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 12, and 13 of your Manual NOTARY LAW VIOLATIONS LIABILITY Misconduct Notaries are held liable for misconduct considered “________. ” official misconduct What is Misconduct? Official misconduct includes any ________ wrongful exercise of a power or performance of a duty. Official misconduct by a notary public is grounds for the Secretary of State to refuse, revoke, or suspend a notary public’s commission. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 12 of your Manual NOTARY LAW VIOLATIONS EXAMPLES OF MISCONDUCT UNDER A. R. S. § 41 -330 KATIE HOBBS Secretary of State Notary Public Application Business Services Division Substantial and material misstatement or omission in the application for a notary public commission that is submitted to the secretary of state. OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 12 of your Manual NOTARY LAW VIOLATIONS EXAMPLES OF MISCONDUCT UNDER A. R. S. § 41 -330 Conviction of a felony unless the notary public’s civil rights have been restored, or of a lesser offense involving moral turpitude or of a nature that is incompatible with the duties of a notary public. A conviction after a plea of no contest is deemed to be a conviction for purposes of this paragraph. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 12 of your Manual NOTARY LAW VIOLATIONS EXAMPLES OF MISCONDUCT UNDER A. R. S. § 41 -330 Revocation, suspension, restriction or denial of a professional license if that action was for misconduct, dishonesty or any cause that substantially relates to the duties or responsibilities of a notary public. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 12 of your Manual NOTARY LAW VIOLATIONS EXAMPLES OF MISCONDUCT UNDER A. R. S. § 41 -330 Failure to discharge fully and faithfully any of the duties or responsibilities required of a notary public. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 12 of your Manual NOTARY LAW VIOLATIONS EXAMPLES OF MISCONDUCT UNDER A. R. S. § 41 -330 The use of false or misleading advertising in which the notary public has represented that he or she has duties, rights or privileges not possess by law. Notaries Public who are not attorneys and who advertise notary services in any language other than English, in any form, must post or otherwise include with the ad the following: "I am not an attorney and cannot give legal advice about immigration or any other legal matters. ” A notary who violates this provision is guilty of a class six felony and the notary’s commission will be permanently revoked. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 12 and 24 of your Manual NOTARY LAW VIOLATIONS EXAMPLES OF MISCONDUCT UNDER A. R. S. § 41 -330 Charging or advertising more than the fees authorized by statute & rule. *A notary public who charges or advertises fees higher than allowed by rule is liable to the party aggrieved in an amount four times the fee unlawfully demanded and received A. R. S. §§ 38 -413 and 41 -316(C). In doing so the notary public is also guilty of a class 5 felony. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 12 of your Manual NOTARY LAW VIOLATIONS EXAMPLES OF MISCONDUCT UNDER A. R. S. § 41 -330 The commission of any act involving dishonesty, fraud or deceit with the intent to substantially benefit the notary public or another person or to substantially injure another person. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 12 and 13 of your Manual NOTARY LAW VIOLATIONS EXAMPLES OF MISCONDUCT UNDER A. R. S. § 41 -330 Failure to complete the acknowledgment or jurat at the time the notary’s signature and seal are affixed to the document. NOTARY PUBLIC Maricopa County Notary Public My commission expires June 2, 2021. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 12 of your Manual NOTARY LAW VIOLATIONS EXAMPLES OF MISCONDUCT UNDER A. R. S. § 41 -330 “Do you swear or affirm, under penalty of perjury, that the contents of this document are true and correct. ” Business Services Division Failure to administer the oath or affirmation required at the time of performing a jurat for an individual. OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 12 of your Manual NOTARY LAW VIOLATIONS EXAMPLES OF MISCONDUCT UNDER A. R. S. § 41 -330 Execution of any notarial certificate by the notary public containing a statement known by the notary public to be false. For example, if a notary were to execute a notarial certificate that indicated a signer appeared before him or her and acknowledged his or her signature, yet no signature appeared on the document, that would be considered the execution of a false statement. NOTARY PUBLIC Maricopa County Notary Public My commission expires June 2, 2021. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 12 of your Manual NOTARY LAW VIOLATIONS EXAMPLES OF MISCONDUCT UNDER A. R. S. § 41 -330 The return for insufficient funds or any other reason for nonpayment of a check issued for an application or bond filing fees to the secretary of state. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 12 of your Manual NOTARY LAW VIOLATIONS EXAMPLES OF MISCONDUCT UNDER A. R. S. § 41 -320 If Prohibited the document Conduct: contains Subject language to Section asserting 41 -320: a statement beyond the scope of the notary’s authority the If a notary Notary should is an officer refuseofthe anynotarization. named party, is a party to the document, or will receive any direct material benefit from the transaction that is evidenced by the notarized document that exceeds in value the fees prescribed, they shall NOTARIZE THE DOCUMENT. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 13 of your Manual NOTARIAL ERRORS SOME EXAMPLES INCLUDE: NOTARIZATION WITHOUT USING A NOTARY SEAL A notary public who does not place his or her notary seal on a document has performed an incomplete notarization. • Arizona law requires the seal be placed on each notarization • A court of law could declare the notarization invalid if it is not on each notarization. ? ? ? Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 13 of your Manual NOTARIAL ERRORS SOME EXAMPLES INCLUDE: Notarial LANGUAGE Missing • A notary public who does not place notarial language on a document has performed an incomplete notarization. NOTARY PUBLIC Maricopa County Notary Public My commission expires June 2, 2021. Business Services Division Remember: A court of law could declare the notarization invalid. OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 13 of your Manual NOTARIAL ERRORS SOME EXAMPLES INCLUDE: Notarizing a Document that contains blank spaces. • A jurat cannot be performed on a document that contains blank spaces or that is incomplete. • There is no such limitation when performing acknowledgments, however, the Secretary of State’s Office recommends that a notary public never notarize a signature on a document containing blank spaces. [A. R. S. § 41 -328(A)]. If a document presented for a notarization contains blank lines, the signer should either fill in the blanks with the required information, strike through the blank, or simply write “N/A. ” Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 19 of your Manual NOTARIAL ERRORS SOME EXAMPLES INCLUDE: Notarizing a Document For Family Members • Arizona law states notaries cannot notarize for anyone they are related to by marriage or adoption. [A. R. S. § 41 -328(B)]. • There is no such limitation when notarizing for blood related family members, however, the Secretary of State’s Office recommends that you don’t notarize for any of your family members. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 14 of your Manual COMPLAINTS INVESTIGATION OF MISCONDUCT A complaint must be opened The office receives a complete written complaint indicating a violation of notary laws or ethics. When opening a complaint the following information is gathered from the complainant. The party opening the grievance is identified and a point-of-contact is provided. The name of the notary public who has allegedly violated the law or ethics is provided. Details and a description of the circumstances surrounding the notary’s services are provided. The complaining party must identify how they believe the notary’s actions violated the law or ethical responsibilities. Business Services Division OFFICE OF THE SECRETARY OF STATE Other documents pertaining to the investigation, such as the notarized document at issue, MUST be submitted with the complaint.

ARIZONA NOTARY PUBLIC WORKSHOP See Page 14 of your Manual COMPLAINTS INVESTIGATION OF MISCONDUCT 1 Business Services Division A complaint must be opened The office receives a complete written complaint indicating a violation of notary laws or ethics. OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 14 of your Manual COMPLAINTS INVESTIGATION OF MISCONDUCT 2 Attorney General’s Office Contacted The complaint is forwarded to the Arizona Attorney General’s Office. 3 An Investigation Begins The Attorney General investigates the complaint. While pending the complaint is confidential. 4 The Investigation is Concluded The Attorney General provides the Secretary of State’s Office with the results of the investigation and the Secretary makes a determination after considering the results of the investigation. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 14 of your Manual COMPLAINTS INVESTIGATION OF MISCONDUCT 5 The Secretary of State Responds The Secretary of State’s Office contacts the notary public by written notice of the decision. Results of Decision Take no aaction. pursuant toto. A. R. S. Suspend acommission pursuant A. R. S. § 41 -330(A) & (C). In the case of a. Revoke suspension or revocation a notary public§has 30 days from The Secretary of State is authorized to suspend notaries for the date of notification of the disciplinary action to request an administrative 30 to days. The notary must contact the Secretary of hearing to appeal the 180 decision. State by a means that will provide proof of the communication such as certified mail or fax. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Page 14 of your Manual COMPLAINTS APPEAL PROCESS After receiving the Notary’s request for a hearing in writing, the Secretary will ask the Notary if they wish to participate in an Informal Settlement Conference or “ISC”. The Notary may accept or decline participation. The If the. Administrative Notary accepts Law participation Judge will and hearathe mutual case, agreement and will make is not reached his or herduring recommendation the ISC, theon matter the matter. will move forward and the matter will be heard before an Administrative Law Judge with the Office of Administrative Hearings. All information presented during an ISC is confidential and cannot be used during a hearing. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP See Pages 12 and 14 of your Manual GUILT OF OFFICIAL MISCONDUCT COURT ACTIONS State of Arizona A court could hold a notary public to unlimited liability if a notary public is found guilty of official misconduct. In Arizona a notary commission could be revoked permanently. A notary public could be fined or go to prison for misconduct. If a notary public is prosecuted for criminal fraud, he or she could be fined and/or imprisoned and/or be required to make restitution. If a notary public is found civilly liable, he or she could face unlimited financial damages, court costs, and attorney fees. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Test Your Knowledge Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Substantial and material misstatement or omission in the application for a notary public commission that is submitted to the secretary of state is considered misconduct. True. False. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP A notary’s failure to keep, maintain and protect a journal of all notarial acts, is considered a violation. True. False. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Failure to comply to Arizona Revised Statutes may result in the Secretary of State refusing, revoking or suspending a commission. True. False. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP When there is no proper notarial certificate within the document, it is okay to just stamp and sign. True. False. Business Services Division A notary public who does not place notarial language on a document has performed an incomplete notarization. It is the Notary’s responsibility to include the notarial certificate that the signer chose, prior to affixing the seal & signature. OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP A notary public shall not perform a notarization on 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. True. False. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP A notary may perform a JURAT notarization on a document that contains blank spaces, if the spaces do not pertain to the signer. False. True. False. Business Services Division A jurat cannot be performed on a document that contains blank spaces or that is incomplete. The signer should either, fill in the blanks with the required information, strike through the blank, or simply write “N/A. ” OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP A commissioned notary can perform a notarization for his/her father in law since they are not blood related family members. True. False. Business Services Division Arizona law estates notaries cannot notarize for anyone they are related to by marriage or adoption. OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP A notary’s failure to respond to an investigation when a complaint has been initiated can result in a revocation of Notary commission. True. False. True. Business Services Division OFFICE OF THE SECRETARY OF STATE

ARIZONA NOTARY PUBLIC WORKSHOP Thank you for participating in the Arizona Notary Public Workshop presented by the Arizona Secretary of State. We’re glad you’ve taken the step of educating yourself on the important role and duties of being a notary public in Arizona. Business Services Division OFFICE OF THE SECRETARY OF STATE