AZ Notary Proper Procedures for Acknowledgments 5 — Questions and Answers
Question 1: An attorney-in-fact (agent under a power of attorney) wants an acknowledgment on a real estate deed they signed on behalf of the principal. How should the notary handle the acknowledgment?
- Require the principal to appear and acknowledge the signature personally
- Acknowledge the attorney-in-fact, who personally appears and acknowledges signing in a representative capacity (Correct answer)
- Refuse because powers of attorney cannot be notarized with an acknowledgment
- Require both the principal and the attorney-in-fact to appear together
Correct answer: Acknowledge the attorney-in-fact, who personally appears and acknowledges signing in a representative capacity
The attorney-in-fact is the person who actually signed and must personally appear; the acknowledgment reflects that they acknowledged executing the document in their capacity as agent for the named principal.
Question 2: What happens if an Arizona acknowledgment certificate is completed but does not include the notary's official seal impression?
- The acknowledgment is still valid if the notary's signature is present
- The acknowledgment is incomplete and may be rejected for recording (Correct answer)
- The county recorder will supply the seal after recording
- The omission is cured automatically after 30 days
Correct answer: The acknowledgment is incomplete and may be rejected for recording
Arizona requires the notary's official seal on a notarial certificate; an acknowledgment lacking the seal is defective and county recorders may reject the document.
Question 3: A real estate transaction requires a deed to be acknowledged. The signer, who is visually impaired, cannot read the document. What must the Arizona notary do before completing the acknowledgment?
- Refuse the notarization because the signer cannot personally review the document
- Read the document aloud to the signer or ensure it has been read to them before they acknowledge it (Correct answer)
- Proceed with the acknowledgment because reading ability is irrelevant
- Require a licensed attorney to be present before proceeding
Correct answer: Read the document aloud to the signer or ensure it has been read to them before they acknowledge it
A notary should ensure the signer is aware of what they are acknowledging; for a visually impaired signer, the document should be read aloud so they can knowingly acknowledge the instrument.
Question 4: Which element is NOT required to appear in an Arizona acknowledgment certificate?
- The state and county where the notarization took place
- The name of the person making the acknowledgment
- The purchase price or consideration stated in the document (Correct answer)
- The notary's commission expiration date
Correct answer: The purchase price or consideration stated in the document
The certificate must include the venue, the acknowledging party's name, and the notary's commission expiration, but the consideration or financial terms of the underlying document are not part of the acknowledgment certificate.
Question 5: A signer returns to an Arizona notary with a document that was previously acknowledged by a different notary, asking the current notary to 'fix' the acknowledgment certificate that has an error. What should the notary do?
- Correct the error and sign over the prior notary's signature
- Refuse to alter another notary's completed certificate; have the signer re-execute with a fresh acknowledgment if needed (Correct answer)
- White-out the prior notary's information and substitute their own
- File a report with the Arizona Secretary of State before making any changes
Correct answer: Refuse to alter another notary's completed certificate; have the signer re-execute with a fresh acknowledgment if needed
A notary cannot alter or complete another notary's certificate; if the prior acknowledgment is defective, the correct remedy is a new notarial act performed by the current notary with the signer present.
Question 6: Under Arizona law, what is the notary's responsibility when completing a 'loose' or 'allonge' acknowledgment certificate that will be attached to a document?
- No special requirements apply — a loose certificate is treated identically to one printed on the document
- The notary must describe the document being acknowledged on the certificate so it cannot be fraudulently attached to a different document (Correct answer)
- Loose certificates are prohibited in Arizona; the certificate must be printed directly on the document
- The notary must obtain a court order before using a loose certificate
Correct answer: The notary must describe the document being acknowledged on the certificate so it cannot be fraudulently attached to a different document
When using a separate acknowledgment certificate, Arizona best practice (and fraud prevention) requires identifying the document by type, date, and parties so the certificate cannot be misused on a different instrument.
Question 7: An Arizona notary is asked to perform an acknowledgment for a signer who communicates only through a sign-language interpreter. What rule applies?
- The notarization must be refused because communication must be direct
- The notary may proceed if satisfied the interpreter accurately communicates between the notary and signer and notes the interpreter in the journal (Correct answer)
- The interpreter must be a licensed court interpreter for the acknowledgment to be valid
- Only a notary who knows sign language may perform this acknowledgment
Correct answer: The notary may proceed if satisfied the interpreter accurately communicates between the notary and signer and notes the interpreter in the journal
Arizona does not prohibit the use of interpreters for notarial acts; the notary may proceed provided the interpreter reliably conveys the communication, and best practice is to note the interpreter's involvement in the notary journal.
AZ Notary Proper Procedures for Acknowledgments 5
An attorney-in-fact (agent under a power of attorney) wants an acknowledgment on a real estate deed they signed on behalf of the principal.
How should the notary handle the acknowledgment?