Prohibited Acts, Conflicts of Interest, and Advertising Restrictions
Arizona prohibits a range of conduct that undermines the integrity of notarial acts. A notary may not notarize a document in which the notary is a signer, a party, a beneficiary, or has a direct financial or beneficial interest. A notary may not perform a notarial act if the notary's spouse, parent, child, or sibling is a party or beneficiary in some circumstances, and may not notarize for a person whose identity the notary cannot verify. A notary may not use the commission to deceive, may not charge more than the statutory fee, and may not perform acts outside the scope of the commission.
Advertising is regulated. A notary may advertise notarial services but may not use a title or description that implies legal authority the notary does not have - for example, holding out as an attorney or using "notario publico" in a way that suggests legal expertise. A notary who is not an attorney may not give legal advice or draft legal documents.
Traps: questions that describe a notary notarizing a contract in which the notary is a party, or a notary who advertises "legal document preparation" without a law license. Another trap is assuming a notary may charge any fee the market will bear - the statutory maximum governs.
Worked example: A notary is asked to notarize a loan document on which the notary is a co-borrower. The notary must decline because of the direct financial interest. Rule of thumb: if the notary benefits from the document or is a party to it, the notary cannot notarize it.