Arizona Laws 41-253. Requirements for certain notarial acts
A. A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.
Terms Used In Arizona Laws 41-253
- Acknowledgment: means a declaration by an individual before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record. See Arizona Laws 41-251
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Notarial officer: means a notary public or other individual who is authorized to perform a notarial act. See Arizona Laws 41-251
- notary: means any individual who is commissioned to perform notarial acts by the secretary of state. See Arizona Laws 41-251
- Record: means information that is either:
(a) Inscribed on a tangible medium. See Arizona Laws 41-251
- Signature: means a tangible symbol or an electronic signature that evidences the signing of a record. 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
B. A notarial officer who takes a verification of a statement on oath or affirmation shall determine both of the following:
1. From personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.
2. That the record that contains the statement verified is complete to the best of the notarial officer’s knowledge.
C. A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.
D. A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item. Except as required under section 41-319, a notarial officer may not certify or attest a copy of a public record of this state.
E. A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in section 47-3505, subsection B.
F. A notary public who performs a notarial act for an individual shall communicate with the individual through either of the following:
1. Directly in a language that both the notary public and the individual understand.
2. Indirectly through a translator who communicates directly with the notary public and the individual in languages that the translator understands.