AZ Notary flashcards
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- Notarial act
- Any act a notary public is authorized to perform, including acknowledgments, jurats, oaths, affirmations, copy certifications, and signature witnessing under Arizona law.
- Acknowledgment
- A notarial act in which the signer declares to the notary that the signature on the document is genuine and was voluntarily made, without an oath.
- Jurat
- A notarial certificate in which the notary certifies the signer personally appeared, was identified, and swore or affirmed the truth of the document's contents.
- Personal appearance
- The requirement that the signer be physically present before the notary at the time of the notarial act; remote appearance requires specific statutory authorization.
- Credible witness
- An individual who personally knows the signer and swears to the signer's identity, allowing notarization when the signer lacks satisfactory identification.
- Notary commission term
- In Arizona a notary public commission is issued by the Secretary of State and runs for a term of four years from the effective date.
- Surety bond requirement
- An applicant for an Arizona notary commission must file a $5,000 surety bond with the Secretary of State as a condition of commissioning.
- Residency eligibility
- An applicant must be an Arizona resident or a resident of a bordering state who maintains an office or regular place of business in Arizona.
- Age and literacy
- An applicant must be at least 18 years old and able to read and write English to qualify for an Arizona notary commission.
- Felony disqualification
- A conviction for a felony involving dishonesty within the preceding ten years disqualifies an applicant from receiving or holding a notary commission.
- Oath of office
- A newly commissioned notary must take the prescribed oath and obtain the official seal before performing any notarial act.
- Self-notarization prohibition
- A notary may not perform a notarial act on the notary's own signature or on a document in which the notary has a beneficial interest.
- Copy certification limits
- A notary may certify copies only where authorized by law; certified copies of public or vital records must be obtained from the official custodian.
- No legal advice
- A non-attorney notary may not explain a document's legal effect, select documents for a signer, or give legal advice of any kind.
- Spouse disqualification
- A notary may not notarize the signature of the notary's spouse, nor any document in which the notary or spouse holds a direct interest.
- Oaths and affirmations
- Notarial acts in which the notary administers a sworn promise to tell the truth, binding the signer to the statement's accuracy.
- Certificate required elements
- A notarial certificate must state the date, location, signer's name, the act performed, and bear the notary's signature and official title.
- Acknowledgment wording
- The certificate states the signer personally appeared, was known or identified, and acknowledged the signature as genuine and voluntarily made.
- Blank certificate prohibition
- A notary must never sign or complete a notarial certificate on a document before the signer appears and the act is actually performed.
- Certificate timing
- The notarial certificate must be completed at the time of the notarial act and attached to or logically associated with the signed document.
- Identification verification
- The notary verifies identity by personal knowledge, a government-issued photo ID, or a credible witness who personally knows the signer.
- Voluntariness confirmation
- The notary must confirm the signer appears aware and is signing voluntarily, refusing to act if fraud, duress, or undue influence is suspected.
- Signature by mark
- If a signer cannot sign, the notary may sign the signer's name when directed, and the certificate must note that method.
- Seal required contents
- The official seal must show the notary's name, the words Notary Public, the state name Arizona, and the commission expiration date.
- Notarial journal
- A record kept by the notary listing the date, act type, signer's name and address, identification used, and fee charged for each notarial act.
- Journal ownership
- The notarial journal is the personal property of the notary, not the employer, and must be retained and produced to the Secretary of State on request.
- Seal custody
- The notary must keep the official seal secure, prevent its use by others, and report any loss or theft of the seal.
- Conflict of interest
- A notary may not perform a notarial act when the notary is a party, beneficiary, or otherwise has a direct financial or personal interest.
- Unauthorized practice of law
- A notary may not advertise or provide legal services, immigration advice, or document preparation for others without a law license.
- Fee limits
- A notary may charge only the fees permitted by statute for notarial acts and may not exceed the statutory maximum per act.
- Disciplinary authority
- The Secretary of State may investigate complaints and suspend, revoke, or refuse to renew a notary commission for statutory violations.
- Real property acknowledgment
- Deeds, deeds of trust, and mortgages generally require an acknowledgment certificate confirming the grantor's identity and voluntary signature.