The close of the legislative session brought in a few very important regulations for Arizona. These will go into effect on June 30, 2022.
Here’s a brief re-cap for you. For the full law, please reference the Senate Bill 1115
-New and renewing Notaries will be required to take an exam if your commission has been suspended
-We have new Acts added and now can perform;
Signature Witnessing (no need to swap out the certificates)
Protests (which I wouldn't recommend to anyone without training first) ARS 47-3505
Tangible Record Copy (True certified copy of an electronic notarization)
Signature by Proxy (Signer must be unable to physically sign. Signature must include the verbiage "Signature affixed by [Proxy name] at the direction of [Principal])
-Seal/Stamp; no longer requires the ID/Commission number to be present
-Retains the current provision allowing only one seal/stamp in possession of the Notary. Class 3 misdemeanor.
-May use an embosser with the ink stamp/seal but not alone.
-Commission number is now a requirement to be printed on our certificates
-Title of officer is required either after our signature or next to our printed name below the signature line on certificates.
-Notary signature must be logically associated with the certificate.
-No more pre-filling certificates before the appointment. Must be completed in its entirety contemporaneously with the act.
-When using a loose certificate, minimum elements required to logically associate it with the intended document, Title or type of document –
Date of document –
Number of pages –
Any additional signers other than those named in the certificate.
-Clarifies that a Notary commission does not allow an individual to act as an immigration consultant. (not sure what that means in respect to completing I9 verifications)
-The existing provision requiring the physical description on an acceptable ID card to include the height, weight, hair, and eye color has been replaced with just the words “physical description” to allow for ID cards from other states/governments to be acceptable.
-May not certify a copy of public record (ARS 41-319) except to certify a copy of a journal entry that is public record.
-Translators involved in the notarial act must personally appear before the Notary (ARS 41-253 subsection F) - (basically, we cannot use an electronic translation app).
-This disclaimer must be used verbatim, for any advertising of Notarial services whether it is orally or in a record including print media, broadcast media, or internet. Any alternative statement must be authorized by the Secretary of State. Failure to do so is a Class 6 felony and permanent revocation of commission. “I am not an Attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.”
-A Notary may not withhold access to or possession of an original record or document provided by a person that seeks performance of a notarial act, except as provided by law. (So, do not attempt to withhold documents from a loan signing as a condition of payment.)
-RON initiative, if signer is not identified by personal knowledge or Oath of credible witnesses, you must use two (2) forms of identity proofing.
-Must use a paper journal for paper notarizations and either a paper journal or electronic journal for electronic notarizations.
-In addition to elements currently established, additional journal requirements include both a description of the document, type of notarial act, and signature of signer (if paper act) to be recorded in a journal.
-A Notary who performs a RON and does not identify the remotely located individual by personal knowledge or credible witnesses, then two (2) forms of identity proofing must be used.
That’s quite a bit of tweaking that went on with our laws and regulations here in Arizona. Another one was the limitation of 60-days after the date of issue of our bonds to obtain our commissions. COVID completely trashed that as it was taking way longer for our SOS to issue our commissions. That was completely repealed, and no other time limits have been established. Guess we can all rest easy at least for a little while.
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