Arizona Laws 41-323. Change of address; lost, stolen or compromised journal or seal; civil penalty; presumption; exception
A. Within thirty days after the change of a notary public’s mailing, business or residential address, the notary public shall deliver to the secretary of state, by certified mail or other means providing a receipt, a signed notice of the change that provides both the old and new addresses.
Terms Used In Arizona Laws 41-323
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Commission: means to authorize to perform notarial acts and the written authority to perform those acts. See Arizona Laws 41-251
- notary: means any individual who is commissioned to perform notarial acts by the secretary of state. 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. Within ten days after the loss, theft or compromise of an official journal or stamping device, the notary public shall deliver to the secretary of state, by certified mail or other means providing a receipt, a signed notice of the loss, theft or compromise. The notary also shall inform the appropriate law enforcement agency in the case of theft.
C. If a notary public fails to comply with subsection A or B of this section, the notary public has failed to fully and faithfully discharge the duties of a notary public. If the notary public failed to comply with subsection A of this section, the secretary of state may impose a civil penalty of $25 against the notary. If the notary public failed to comply with subsection B of this section, the secretary of state shall impose a civil penalty of $1,000 against the notary. The notary public shall pay any civil penalty imposed by the secretary of state pursuant to this subsection before the renewal of the notary’s commission. Failure to pay a penalty may be referred to the attorney general for collection.
D. In a judicial proceeding where the identity of a party to a notarized instrument is in question, the official journal of the notary public is lost, stolen or compromised and the notary complied with this section, a presumption shall be given to the validity of the identity of the party who signed the instrument. If it is determined that the official journal never existed or that the notary public failed to comply with this section, no presumption shall apply that the identity of the party who signed the notarized instrument in question is valid.
E. In an action in which the validity of a notarized document is at issue and it is determined that the notary public did not comply with this section, the court shall provide notice of such findings to the secretary of state and the county attorney for the county in which the violation occurred.