Arizona Laws 41-273. Prohibited acts; civil penalty; violation; classification
A. A commission as a notary public does not authorize an individual to:
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 6 felony | up to 1 1/2 years | up to $150,000 |
Terms Used In Arizona Laws 41-273
- Commission: means to authorize to perform notarial acts and the written authority to perform those acts. See Arizona Laws 41-251
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- notary: means any individual who is commissioned to perform notarial acts by the secretary of state. See Arizona Laws 41-251
- Person: means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Arizona Laws 41-251
- Record: means information that is either:
(a) Inscribed on a tangible medium. See Arizona Laws 41-251
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Arizona Laws 41-251
- United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
1. Assist persons in drafting legal records, give legal advice or otherwise practice law.
2. Act as an immigration consultant or an expert on immigration matters.
3. Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters.
4. Receive compensation for performing any of the activities listed in this subsection.
B. A notary public may not engage in false or deceptive advertising.
C. A notary public, other than an attorney who is licensed to practice law in this state, may not use the term "notario" or "notario publico".
D. A notary public, other than an attorney who is licensed to practice law in this state, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the internet, the notary public shall include the following statement, or an alternative statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: "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." If the form of advertisement or representation is not broadcast media, print media or the internet and does not allow inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
E. Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public.
F. If a notary public, other than an attorney licensed to practice law in this state, performs an activity listed in subsection A of this section or otherwise performs the unauthorized practice of immigration and nationality law as defined in section 12-2701, the secretary of state shall impose a civil penalty of not more than $1,000 and permanently revoke the notary public’s commission.
G. A notary public who violates subsection D of this section is guilty of a class 6 felony and the secretary of state shall permanently revoke the notary public’s commission.