Sections
Article 2 Notaries Public 41-311 – 41-333
Article 3 Electronic Notarization 41-351 – 41-352
Article 4 Remote Online Notarization 41-371 – 41-380

Terms Used In Arizona Laws > Title 41 > Chapter 2

  • Acknowledgment: means a notarial act in which a notary certifies that a signer, whose identity is proven by satisfactory evidence, appeared before the notary and acknowledged that the signer signed the document. See Arizona Laws 41-311
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • affirmation: means a notarial act or part of a notarial act in which a person made a vow in the presence of the notary under penalty of perjury, with reference made to a supreme being in the case of an oath. See Arizona Laws 41-311
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • certificate: means the part of or attachment to a notarized document for completion by the notary that bears the notary's signature and seal and that states the venue, date and facts that are attested by the notary in a particular notarization. See Arizona Laws 41-311
  • Commission: means to authorize to perform notarial acts and the written authority to perform those acts. See Arizona Laws 41-311
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Communication technology: means an electronic device or process that allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound. See Arizona Laws 41-371
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Copy certification: means a notarial act in which the notary certifies that the notary has made a photocopy of an original document that is neither a public record nor publicly recordable. See Arizona Laws 41-311
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means the superior court of this state. See Arizona Laws 10-140
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Credential analysis: means a process or service that meets the standards established under section 41-372 through which a third person affirms the validity of an identification credential through review of public or private data sources. See Arizona Laws 41-371
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deliver: includes sending by mail, private courier, fax or electronic transmission. See Arizona Laws 10-140
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Arizona Laws 41-371
  • Electronic record: means information that is created, generated, sent, communicated, received or stored by electronic means. See Arizona Laws 41-371
  • Electronic seal: means an electronic image that contains information attached to or logically associated with an electronic record and that contains the words "notary public" the name of the county in which the notary public is commissioned, the notary public's name as it appears on the notarial commission, the commission number and the expiration date of the notarial commission. See Arizona Laws 41-371
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Foreign state: means a jurisdiction other than the United States, a state or a federally recognized Indian tribe. See Arizona Laws 41-371
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Identity proofing: means a process or service that meets the standards established under section 41-372 through which a third person affirms the identity of a remotely located individual by a review of personal information from public or private data sources. See Arizona Laws 41-371
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Jurat: means a notarial act in which the notary certifies that a signer, whose identity is proven by satisfactory evidence, has made in the notary's presence a voluntary signature and has taken an oath or affirmation vouching for the truthfulness of the signed document. See Arizona Laws 41-311
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • Notarial act: means an act that is performed by a notary public of this state pursuant to section 41-313, subsection A. See Arizona Laws 41-371
  • notarization: means any act that a notary is authorized to perform under section 41-313 and that verifies only the identity of a signer of a document and not the truthfulness, accuracy or validity of the document. See Arizona Laws 41-311
  • notary: means any person commissioned to perform notarial acts under this article. See Arizona Laws 41-311
  • Oath: includes an affirmation or declaration. See Arizona Laws 1-215
  • Oath: A promise to tell the truth.
  • Outside the United States: means a location outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands and any territory, insular possession or other location subject to the jurisdiction of the United States. See Arizona Laws 41-371
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes an individual and entity. See Arizona Laws 10-140
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • 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 41-371
  • Personal knowledge: means familiarity with an individual resulting from interactions with that individual over a sufficient time to eliminate reasonable doubt that the individual has the identity claimed. See Arizona Laws 41-311
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • remote online notarial act: means a notarial act performed by means of communication technology. See Arizona Laws 41-371
  • Remote presentation: means transmission to a notary public through communication technology of an image of a remotely located individual's identification credential that is of sufficient quality to enable the notary public to reasonably identify the remotely located individual and to perform credential analysis. See Arizona Laws 41-371
  • Remotely located individual: means an individual who is not in the physical presence of the notary public performing a remote online notarization. See Arizona Laws 41-371
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Satisfactory evidence of identity: means :

    (a) Proof of identity is evidenced by one of the following:

    (i) An unexpired driver license or nonoperating identification license that is issued by a state or territory of the United States. See Arizona Laws 41-311

  • Shares: means the units into which the proprietary interests in a corporation are divided. See Arizona Laws 10-140
  • 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 41-371
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • trustees: means individuals, designated in the articles of incorporation or bylaws or elected by the incorporators, and their successors and individuals elected or appointed by any other name or title to act as members of the board. See Arizona Laws 10-3140
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215