Authorized Notary Acts

Acknowledgments

An acknowledgment is 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. The signer acknowledges his or her signature; the notary verifies the signer’s acknowledgment; The signer is not required to sign the document in the notary’s presence for an acknowledgment; The signer may pre-sign the document or may choose to sign it in the notary’s presence. Because the notary is attesting to the genuineness of the signature, the notary may not perform an acknowledgment that will be signed at a later time. Even if a document has been pre-signed, the document signer must be in the notary’s presence at the time the notary performs the notarization.

oaths and affirmations

During notarizations a notary may be required to give a signer or credible person an oath or affirmation. The signer or credible person makes the decision as to whether he or she would like to take an oath or an affirmation. An oath means the signer or credible person is swearing to a supreme being (for example: God). An affirmation is taken when the signer or credible person does not believe in a supreme being or does not want to swear to a supreme being. An affirmation is a solemn, spoken pledge on one’s own personal honor, with no reference to a supreme being.

Both oaths and affirmations are promises of truthfulness and have the same legal effect. In taking an oath or affirmation in an official proceeding, a person may be subject to criminal penalties for perjury should he or she fail to be truthful.

jurats

A jurat is 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. Some states refer to this type of notarization as an affidavit. A notary shall perform a jurat any time the words: sworn to (or affirmed) before me subscribed and sworn to (or affirmed), or similar words appear in the notarial certificate. Because a signer is swearing or affirming that the information is true, blank spaces in the document are prohibited. [A.R.S. § 41-328(A)].l.

copy certifications

A copy certification is a notarial act in which the notary certifies that a photocopy of an original document was made that is neither a public record nor publicly recordable. The notary must have access to a copy machine and cannot use a photocopy provided by the requestor. Examples of publicly recordable documents not able to be copy certified by an Arizona notary public are:

• Marriage Records

• Birth Certificates

• Death Certificates

• Divorce Records

• Court Records

• Real Estate Deeds

HOW TO OBTAIN CERTIFIED COPIES OF PUBLICLY RECORDABLE DOCUMENTS

If you need a certified copy of a document that is public record or publicly recordable, you may obtain one by contacting the appropriate agency or issuing entity.

Document and Issuing Entity Examples:

• Marriage and Divorce Records: Clerk of the Superior Court

• Birth or Death Certificates: Office of Vital Records

• Court Record: the court where the proceedings transpired

• Real Estate Deeds: County Recorder’s office