Arizona notary law and laws that vary from state to state.
It’s difficult to post about notary procedure on Twitter and Facebook. No matter how universal a notary law seems, it can differ across state boundaries and the interpretation can differ among individuals too.
Arizona notary law specifies the term, “Credible person” , which is a way of saying credible identifying witness. In Arizona, one credible witness who knows the notary as well as knowing the signer may be used to identify the signer. Different states have different rules for credible witnesses. 90% of states allow them, but some states allow two witnesses who the notary doesn’t know, while others allow only one. California allows one CW if the notary knows them OR two if the notary doesn’t know them.
Foreign language signers
An Arizona notary must be able to communicate directly with the signer. Many other states have this same rule. But, there are a few states where an interpreter may be used between the notary and the signer.
There are a few states where notaries can get a special credential such as Justice of the Peace and perform marriages. An Arizona notary public unfortunately can not perform a marriage — at least not one that would be legally binding. So, forever hold your peace!
In Arizona’s electronic notary rules for electric notaries (which is a separate office from a regular Arizona notary), there USED TO BE conditions where the signer can be notarized without appearing before the notary for that particular signature. Read our blog about Arizona electronic signatures for details. This rule has been changed and signers must appear before the notary according to
Arizona Notary Bond?
Arizona notary bonds must only be for $5000. Most other states require a larger bond than that. In California, the bond must be $15,000 for example.
Seals and journals
An Arizona notary must use a seal and journal. This seems fairly elementary, but many states do not require the use of both a seal and a journal.
Marriage or adoption?
Arizona notary law prohibits notarizing for anyone who you are married to or related to by adoption.
An Arizona notary public should not give legal advice and not prepare documents for clients. Some states prohibit the preparation of legal documents only, while AZ prohibits the preparation of any document. The prohibition of notaries from giving legal advice is standard across the board though.
An Arizona notary commission’s term is four years. A four year term is very common, although the number of years can really vary from state to state.
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