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Notary Public Workshop: Requirements, Fees, and Renewals

This workshop presentation provides information on the requirements, fees, and renewal process for becoming a Notary Public in Arizona. It is intended to supplement the Notary Public Reference Manual.

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Notary Public Workshop: Requirements, Fees, and Renewals

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  1. Today’s Presentation NOTICE: The workshop does not directly follow the Notary Public Reference Manual. While page numbers are given throughout the presentation, this is for reference purposes only. Instead, the manual is intended to supplement the workshop presentation.

  2. See Page 4 of your Manual The Basics

  3. See Page 2 of your Manual DEFINITION OF A NOTARY THE BASICS public officer impartial witness

  4. Notary Public Reference Manual REQUIREMENTS

  5. See Page 4 of your Manual Legal requirements to become an Arizona notary include: THE BASICS • Applicant must be an Arizona resident. • Be at least 18 years of age. • Be able to read and write English. • Be a citizen or legal permanent resident of the United States.

  6. LEGAL REQUIREMENTS: See Page 4 of your Manual THE BASICS Applicants must not have been convicted of a felonyunless an applicant’s civil rights are restored, or convicted of a lesser offense involving moral turpitude or of a nature incompatible with the duties of a notary public. A copy of court documents reflecting the original charge, restoration of civil rights and a written explanation must be submitted with an application.

  7. NOTICE See Page 4 of your Manual THE BASICS If an applicant has had a professional license revoked or suspended for misconduct or dishonesty or any cause that substantially relates to the duties or responsibilities of a notary public, or if the applicant has ever had a notary commission revoked, the Secretary may refuse to grant the applicant a commission.

  8. See Page 6 of your Manual Fees must be paid in advance to the Secretary of State. They include: FEES SCHEDULE 43.00 Secretary of State + $43.00

  9. See Page 6 of your Manual Other office fees: FEES SCHEDULE

  10. See Page 4 of your Manual To apply for or to renew a commission you must: APPLICATION FORMS

  11. See Page 5 of your Manual Surety Bond NOTARY BONDS public The bond does not: The bond is not: protect the notary public.* purchased from the Secretary of State’s Office.

  12. See Page 5 of your Manual Surety Bond NOTARY BONDS licensed

  13. See Page 5 of your Manual Requirements NOTARY BOND

  14. See Page 10 of your Manual Commission Renewals NOTARY PUBLIC Upon re-appointment a new seal with the notary’s new expiration date shall be procured before performing a notarization. Notaries public should submit a renewal application, new bond and filing fees to the Secretary of State’s Office 60 days prior to the expiration of a commission.* A bond shall be procured as stated in the Notary Public Reference Manual. A notary shall re-apply with an application, bond and filing fee. *Notaries public may continue to notarize until midnight on the date of their commission expiration

  15. See Page 5 of your Manual Public Records APPLICANT PRIVACY A.R.S. § 41-312(F) An applicant’s name and business information are public information. All other information on the application form is confidential. Only the applicant, the applicant’s representative, or a public officer acting in an official capacity can view the application. The request must be put in writing on letterhead to our office The public can search online for Arizona notaries through the Arizona Secretary of State Notary Public System. Under “Search Your Commission” the name and business address of a notary can be searched.

  16. See Page 6 of your Manual Application PROCESSING TIME four If an applicant: Meets the requirements to become a notary public, their application will be processed, and a commission certificate will be email to them. Has failed to produce required documents or has an error on the application. Does not meet the requirements, the application will be mailed back within 30 days.

  17. See Page 6 of your Manual Common reasons an application is REJECTIONS If there is a discrepancy between the name and/or the signature. If the bond dates are incorrect. If a bonding or insurance company cancels a bond before the end of a notary public’s four-year commission. If other information on the bond is incorrect. If the check used to pay for the commission bounces. Secretary of State

  18. TEST YOUR KNOWLEDGE

  19. The notary bond required is to protect: A. The Notary B. The Public C. The Constitution of the United States B. The Public

  20. The following information about a notary is public information: A. Home Information C. Business Information B. Mailing Information C. Business Information

  21. Notaries public may initiate the renewal process: A. 30 days before the expiration date. B. 60 days before the expiration date. B. 60 days before the expiration date. C. 30 days after the expiration date. D. 60 days after the expiration date.

  22. What insurance can a Notary obtain when purchasing his/her Notary bond to protect them? A. E & O Insurance. B. Liability Insurance. C. Full Coverage Insurance. A. E & O Insurance.

  23. Arizona Law requires notaries public to keep, as a reference, a manual that is approved by the Secretary of State that describes the duties, authority and ethical responsibilities of notaries public. True. True. False.

  24. See Page 7 of your Manual Getting Started

  25. See Page 7 of your Manual A.R.S. § 41-313 DUTIES • An original commission certificateissued from the Arizona Secretary of State’s Office • An original notary bondon file with the application • A notary public seal • A notary public journal Commission Term Length: Four Years

  26. CERTIFICATES – PROOF OF COMMISSION RIGHTS & RESPONSIBILITIES See Pages 7 and 8 of your Manual A commission certificate is an official document issued by the Secretary of State’s Office that certifies the appointment of a notary public. Certificates do not have to be posted, but must be kept in a safe place and if requested, be presented as proof of a notary public’s commission [A.R.S. § 41-311(2)]. To prevent fraud, do not provide a copy of the certificate to anyone other than the vendor who creates the notary’s seal (A.R.S. § 41-321).

  27. COMMISSION – OWNERSHIP RIGHTS & RESPONSIBILITIES See Pages 7 and 8 of your Manual Anyone can pay for a notary commission. Payment of fees and other associated costs does not constitute ownership of the commission. Notary commissions are NOTtransferable between persons or transferable to another state.

  28. FEES – OWNERSHIP & REPORTING AS INCOME RIGHTS & RESPONSIBILITIES See Pages 7 and 8 of your Manual Fees charged for notarial services outside of the notary public’s workplace remain the notary public’s property A.R.S. § 41-312(C)(2). Fees are considered earned income

  29. EMPLOYER – NOTARY WORKPLACE RESTRICTIONS RIGHTS & RESPONSIBILITIES See Pages 7 and 8 of your Manual An employer of a notary public may not limit the notary public’s services to customers or other persons designated by that employer [A.R.S. § 41- 312(C)(3)]. Notarizations can be performed outside the workplace regardless whether a private or public entity pays for a notary public’s commission. Leaving Place of Employment or Termination of Employment Notary Options • Let the commission expire • Continue as a public servant • Resign Commission

  30. JOURNALS – OWNERSHIP AND POSSESSION RIGHTS & RESPONSIBILITIES See Pages 7 and 8 of your Manual Regardless of whom pays for a notary public’s commission, whether it be a private or public entity, the notary public’s seal and journal are the property of the notary public if the journal contains public records. The notary public shall not relinquish the journal to the employer if the journal contains public records [A.R.S. § 41-312(C)]. A journal that contains only nonpublic records is property of the employer when the notary public leaves that employment.

  31. See Page 9 of your Manual UPON RECEIVING A CERTIFICATE FROM OUR OFFICE THE NOTARY SHALL: RECEIPT OF CERTIFICATE Order a seal from a stationary office supply store, maker of rubber stamps, bonding agent* or professional notary organization. Purchase a journal from a stationary office supply store or a notary organization The notary shall supply a copy of the certificate to the company making the seal * If a bonding agent uses an out-of-state vendor to obtain a notary seal, the vendor is still required to obtain a copy of the commission certificate before making a notary seal.

  32. A Notary Seal contains information about the notary’s commission and is used on notarized documents. See Page 9 of your Manual COMPONENTS OF A VALID NOTARY SEAL: NOTARYSEALS A notary seal shall contain: Must be a rubber stamp • The words “Notary Public” Have dark ink, which includes: dark blue, dark purple, dark green, dark brown or black. Red ink or ink not viewable on all copy/fax machines are unacceptable. • The notary public’s name as commissioned on his or her certificate • The Arizona county in which the notary public was commissioned • The notary public’s commission expiration date and COMMISSION NUMBER • The Great Seal of Arizona[A.R.S. § 41-313(E)]. Compliance: A.R.S. § 41-313(E)(2)

  33. NOTARY PUBLIC Maricopa County J.I. Doe My commission expiresMarch 2, 2002 NOTARY PUBLIC Maricopa County Jane I. Doe My commission expires March 2, 2002. NOTARY PUBLIC Maricopa County Janie Doe My commission expires March 2, 2002. SEALS SHAPES AND SIZES A.R.S. §41-321(B) See Page 9 of your Manual NOTARY SEALS The notary seal must not be larger than 1 1/2 inches high and 2 1/2 inches wide. A notary seal can be any shape: NOTARY PUBLIC Maricopa County J.I. Doe My commission expiresMarch 2, 2002 A notary public may use an embosser, sometimes referred to as a crimper, but may only do so in conjunction with the use of a rubber stamp notary seal. NOTARY PUBLIC Maricopa County J. Imelda Doe My commission expires March 2, 2002

  34. A Journal provides proof that a notary performed a notarization. See Page 9 & 49 of your Manual COMPONENTS OF A NOTARY JOURNAL INCLUDE: NOTARY JOURNALS Although the law does not require the journal to be permanently bound, the Secretary of State’s Office recommends use of a permanently bound journal for the notary public’s protection. Permanently bound pages are more difficult to remove from a journal than loose-leaf pages. Must be a paper journal And all entries must be in chronological order Compliance: A.R.S. §§ 41-313 and 41-319

  35. PUBLIC RECORDS AND JOURNALS NOTARY JOURNALS AND NOTARY TRANSACTIONS See Page 22 of your Manual public record Most notary journals are ____________. However, some are not. Journals that are not public record include: notary records that would violate the attorney/client privilege or that are confidential due to state or federal law. If a notary works for a business that is not an attorney’s office or that is not governed by state or federal confidentiality laws, the notary’s journal entries are public record.

  36. PARENTAL CONSENT NOTARY JOURNALS AND NOTARY TRANSACTIONS See Page 22 of your Manual Notarized statements and journal entries associated with the parental consent for abortion statutes are confidential and are not public records. These documents must not be disclosed in response to a public records request, and the contents must be kept confidential. Compliance: A.R.S. § 36-2152

  37. Failure to notify of a business, mailing or residential address change within 30 days may result in a $25 civil penalty payable before renewal of the Notary’s Commission. Amendments to commissions include: AMENDMENTS See Page 10 of your Manual Failure to comply may be grounds for the Secretary of State’s Office to refuse, revoke or suspend a notary public’s commission. Name Change Address Change A commissioned notary shall notify the Secretary of State’s Office within 30 days of a name change of surname. A commissioned notary shall notify the Secretary of State’s Office within 30 days of an address change. If a notary moves to a new county, the notary should not obtain a new seal that lists new county. A commissioned notary whose name changes can:1. Apply for a new commission under his or her new name.2. Alternatively, the notary does not have to apply for a new commission if he or she: • Signs his or her new name • And below that, signs his or her name the way it was originally commissioned.

  38. See Page 11 of your Manual A notary may resign a commission at any time. RESIGNATION A notary who chooses to resign must complete the Resignation web-based Formon our website and submit the original resignation letter. A commission is not officially resigned until the Secretary of State has been notified. Items are required to be sent within three months of a notary’s resignation or the notary shall forfeit not less than $50 nor more than $500 to the Secretary of State’s Office (A.R.S. § 41-317). A notary public who resigns a commission must deliver to the Secretary of State’s Office his or her notary public seal, journal and other notary records. All correspondence and surrendered items should be sent by certified mail or other means providing a receipt [A.R.S. § 41-317(A)]. PUBLIC RECORD JOURNAL NON-PUBLIC RECORD JOURNAL

  39. See Page 11 of your Manual SURRENDERING JOURNAL, SEAL AND RECORDS COMMISSION EXPIRATION OR DEATH OF A NOTARY In the case of the death of a notary, a personal representative of the notary shall surrender the items to the Secretary of State within 90 days and include a copy of the notary’s death certificate. A notary public shall send the seal, journal and records to the Secretary of State’s Office. A signed cover letter that includes the notary’s name, commission number and last four digits of the notary’s social security number should be included with the items. chooses to allow a commission to expire shall deliver his or her notary public. All correspondence and surrendered items should be sent by certified mail or other means providing a receipt [A.R.S. § 41-317(A)]. Items are required to be sent within three months of a notary’s resignation/expiration or the notary shall forfeit not less than $50 nor more than $500 to the Secretary of State’s Office. A.R.S. § 41-317

  40. See Page 9 of your Manual REPORTING, REPLACING THEFT & LOSS OF SEALS AND JOURNALS If you obtain a new seal after reporting a seal lost or stolen but then find the old seal, simply destroy the old seal and continue using the new one. If loss, theft/compromised has occurred contact the local law enforcement agency in your jurisdiction. Notary must complete the Notice of Loss or Theft/compromised of Journal or Seal web-based form Online The notary public shall notify the office within the 10 daysas specified in A.R.S. § 41-323. Notary public seals lost, stolen or compromised must be replaced. Lost or stolennotary journals can be replaced. Once the new seal is received: The shape and ink color of the replacement seal should be different than the original seal. Document in your journal when you started to use the replacement seal Purchase a new journal Document why the journal was replaced in the new journal

  41. TEST YOUR KNOWLEDGE

  42. What four things must a Notary have prior to performing duties as a Notary? A. An original commission certificate, a bond filed with the Secretary of State, a notary seal and Journal. B. An application, a bond, E & O insurance and a pen. C. A bond, a Power of Attorney, a Journal and a Reference Manual. A. An original commission certificate, a bond filed with the Secretary of State, a notary seal and Journal.

  43. Notaries are commissioned for how many years? A. 1 Year. B. 2 Years. C. 3 Years. D. 4 Years. D. 4 Years.

  44. Notaries must notify the Secretary of State’s office of an address change within how many days, to prevent a civil penalty fee? A. I don’t have to, I can update it at the time of renewal. B. Within a year. C. Within 30 days. D. Within 10 days. C. Within 30 days.

  45. Notaries must notify the Secretary of State’s office of theft/loss of Seal and Journal within how many days, to prevent civil penalty fee? A. I don’t have to, I can update it at the time of renewal. B. Within a year. C. Within 30 days. D. Within 10 days. D. Within 10 days.

  46. An employer of a Notary Public regulates the fees a Notary can charge per notarization. Companies and employers MAY NOT ask notaries public to charge more than the authorized fee per signature. A notary public can charge no more than $2.00 per signature. True. False. False.

  47. The commission certificate, notary seal and public record journal are property of the Notary, regardless of who pays for the commission and notary tools. True. False. True.

  48. Notary journals must be paper journals and in chronological order. True. False. True.

  49. Notarial Duties

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