AZ Notary Liability and Ethics 5 — Questions and Answers
Question 1: An Arizona notary uses their official seal on a personal letter to add credibility to their claims. This action is:
- Permissible as long as no fee is charged
- An ethical violation and misuse of official authority (Correct answer)
- Allowed if the notary discloses it is not an official notarial act
- Required to authenticate any formal correspondence
Correct answer: An ethical violation and misuse of official authority
Using the notarial seal outside of an official notarial act misrepresents the nature of the document and constitutes an ethical and potentially illegal misuse of the notary's authority.
Question 2: What is the primary purpose of the bond required of Arizona notaries public?
- To pay for the notary's professional education
- To compensate the state for lost tax revenue from improper notarizations
- To provide financial protection to the public for damages caused by notarial misconduct (Correct answer)
- To ensure the notary pays their annual renewal fees
Correct answer: To provide financial protection to the public for damages caused by notarial misconduct
The surety bond protects members of the public who suffer financial harm due to errors, omissions, or misconduct by the notary during their commission term.
Question 3: A notary is presented with a document in Spanish and asked to perform a jurat for a Spanish-speaking signer. The notary speaks no Spanish. What is the appropriate course of action?
- Refuse the notarization because the notary cannot verify the document's contents
- Proceed because a jurat only requires verification of the oath, not document content (Correct answer)
- Require an English translation before proceeding
- Notarize only if an interpreter is present
Correct answer: Proceed because a jurat only requires verification of the oath, not document content
For a jurat, the notary administers an oath about the truthfulness of the document's contents; the notary is not required to understand the document's language, only to administer the oath properly.
Question 4: An Arizona notary who knowingly certifies a false statement in an acknowledgment may be charged with:
- A civil infraction only, with no criminal exposure
- Perjury or a related felony under Arizona criminal statutes (Correct answer)
- Only a Class 1 misdemeanor regardless of damages
- No crime, as errors in acknowledgments are an administrative matter
Correct answer: Perjury or a related felony under Arizona criminal statutes
Deliberately certifying a false statement in a notarial certificate can constitute perjury or false swearing, which are felony offenses under Arizona law.
Question 5: Which scenario best illustrates a notary practicing unauthorized practice of law (UPL)?
- Explaining to a signer where to sign on a standard form
- Telling a client which type of deed to use for their property transfer (Correct answer)
- Charging a fee for performing an acknowledgment
- Refusing to notarize a document the notary does not understand
Correct answer: Telling a client which type of deed to use for their property transfer
Advising a client on which legal instrument to use constitutes legal advice and is unauthorized practice of law, which notaries who are not licensed attorneys must avoid.
Question 6: Under Arizona ethics standards, when a notary is also a loan officer who benefits from a real estate closing, what must the notary do?
- Disclose the financial interest and obtain written consent from all parties before notarizing
- Refuse to notarize any documents related to the transaction (Correct answer)
- Proceed normally, as employment relationships do not create conflicts of interest
- Charge a reduced fee to compensate for the conflict
Correct answer: Refuse to notarize any documents related to the transaction
When a notary has a direct financial interest in the outcome of a transaction, the ethical and legally safe course is to refuse to notarize and have a disinterested notary perform the act.
Question 7: How long must an Arizona notary retain their journal of notarial acts after the expiration or resignation of their commission?
- One year
- Three years (Correct answer)
- Five years
- The journal must be surrendered to the Secretary of State immediately upon commission end
Correct answer: Three years
Arizona law requires notaries to retain their journal of notarial acts for at least three years following the expiration, resignation, or revocation of their commission.
AZ Notary Liability and Ethics 5
An Arizona notary uses their official seal on a personal letter to add credibility to their claims.
This action is: