From Janice K. Brewer
Secretary of State

June 2005

A NOTE FROM SECRETARY OF STATE JAN BREWER

Secretary of State Jan Brewer Welcome, thank you for taking the time to read our latest edition of Notary Notes.  We value your input and welcomes suggestions for future newsletters.

 

Thank you,

Secretary of State, Jan Brewer

 
THE THREE KEYS TO A GOOD NOTARIZATION:

The first step in assuring that you are notarizing correctly is to properly identify the individual requesting the notarization.  You can ensure proper identification by using one of the following methods.

1) A satisfactory identification card,
2) Personal knowledge of an individual,
3) Using a credible person.

   Next, determine what type of notarization the document requires.  This means identifying the “notarial language” of a document. 

There are four types of notarization in Arizona.  These are:

1)     Acknowledgement,
2)     Jurat,
3)     Copy Certification, and
4)     Oath or Affirmation. If notarial language is missing from a document the notary may type or print the notarial language.
Finally, keep a notary journal that meets Arizona statutes.  This means keeping a journal that lists the minimum information required in Arizona.  Specifically, the date of the notarial act; a description of the document and type of notarial act; the printed full name, address and signature of each person for whom a notarial act is performed. The type of satisfactory evidence of identity presented to the notary by each person for whom a notarial act is performed, if other than the notary's personal knowledge of the individual is used as satisfactory evidence; a description of the identification document; its serial or identification number and its date of issuance or expiration; the fee, if any, charged for the notarial act.  Some journals do not call for all of the information that Arizona requires so please be careful in selecting a notary journal.

 

ACCORDING TO THE SECRETARY OF STATE'S NOTARY STAFF THE MOST OFTEN ASKED NOTARY QUESTIONS ARE:

Q.     What is the status of my application?

A.     Notary applications, when they meet all of the criteria, take at least four to six weeks to be processed.  The most efficient way to have your application processed is by assuring that the application has been completely filled in, that all of the information is correct and by that the application has been properly notarized.

        Also, to avoid rejection make sure to enclose your application fee of $25.  Please keep in mind that after the Secretary of State's office has processed your application, it is then sent to the clerk of superior court in your county of residence to have your bond processed.  (If you sent your bond and fee at the same time that you sent your application to the Secretary of State's office, the county should already have received your original bond and your $18 fee)  When the clerk of superior court has completed their process they will mail your notary commission certificate.  

Q.     What is a bond?

A.     A “bond” refers to a notary surety bond.  It is not an insurance policy.  A notary surety bond protects the public for whom the notary performs notarizations.  It does not protect the notary public.  You can purchase a notary bond from a bonding company, an insurance company or a notary association.  As stated above, bonds are sent to the clerk of superior court in your county of residence.  You may want to consider an Errors and Omissions insurance policy if you are concerned about protecting yourself.  Important to remember:  When your notary commission expires and you send an application for re-appointment you will also need to purchase a new notary surety bond.  

Q.     I recently got married.  Do I have to get a new commission?

A.     No.  However, you must report a change in your name due to marriage to the Secretary of State within 30 days of the name change.  Thereafter you can notarize with your new married name by signing your married name and below that signature, sign the name under which you were commissioned.  If your name is changed by any means other than marriage, such as divorce, you MUST apply for a new commission.   

Q.     If my employer paid for my notary commission and I am leaving that employ, do I own my commission or does my employer?

A.     Anybody can pay for a notary's commission, however since the Secretary of State is commissioning the individual, not the employer, or place of employment, the commission remains the possession of the commissioned individual. That is because the notary's commission belongs to the employee and not the employer.  It is important that the employer of the notary not limit the notary's service, therefore, the notary is bound by notary statutes and not by the employer's policies.  

FOR FURTHER INFORMATION ON ANY OF THIS MATERIAL PLEASE CALL THE OFFICE OF THE SECRETARY OF STATE FOR A FREE NOTARY PUBLIC REFERENCE MANUAL OR DOWNLOAD THE MANUAL FROM OUR WEB SITE AT WWW.AZSOS.GOV OR CONSIDER ATTENDING A FREE NOTARY WORKSHOP.  WORKSHOP SCHEDULES AND REGISTRATIONS ARE LISTED ON OUR WEB SITE AS WELL.

NEW LEGISLATION FOR 2005

Important new legislation will go into effect 90 days after the close of legislation and may affect you as a notary.Senate Bill 1020 states: “for the purposes of a real estate conveyance or financing, a valid unexpired passport that is issued by the united states government or any other national government.  A passport issued by a national government other than the united states government must be accompanied by a valid visa or other documentation issued by the united states government necessary to establish an individual's legal presence in the united states.”    

 

We hope to see at a workshop soon,

 Sincerely,

 

Your Secretary of State's Notary Public Staff