Arizona Laws 41-267. Stamping device; violation; classification
A. A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act. On resignation from, or the revocation or expiration of, the notary public’s commission, the notary public shall disable any electronic stamping device by destroying, erasing or securing it against use in a manner that renders it unusable. On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of any electronic stamping device shall render it unusable by destroying, erasing or securing it against use in a manner that renders it unusable.
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 6 felony | up to 1 1/2 years | up to $150,000 |
| Class 3 misdemeanor | up to 30 days | up to $500 |
Terms Used In Arizona Laws 41-267
- Commission: means to authorize to perform notarial acts and the written authority to perform those acts. See Arizona Laws 41-251
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Arizona Laws 41-251
- 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.
- notary: means any individual who is commissioned to perform notarial acts by the secretary of state. See Arizona Laws 41-251
- 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 41-251
- Stamping device: means either of the following:
(a) A physical device that is capable of affixing to a tangible record an official stamp. See Arizona Laws 41-251
- 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 41-251
B. A vendor of stamping devices may not provide a stamping device to an individual unless the individual presents a copy of the individual’s commission. The vendor must retain the copy for four years.
C. A notary public may possess only one physical stamping device for use with notarial acts performed regarding tangible records. A notary public may possess an embosser in addition to the notary public’s physical stamping device. A notary public may use an embosser only in conjunction with the notary public’s physical stamping device. An embosser or an impression made by the embosser is not an official seal of office for the purposes of the laws of this state.
D. A person who knowingly violates subsection B of this section is guilty of a class 6 felony. A person who violates subsection C of this section is guilty of a class 3 misdemeanor.