ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

HB 2828: remote online notaries; fees

Sponsor: Representative Pawlik, LD 17

Committee on Commerce

Overview

Establishes a fee for remote online notarial acts.

History

Title 4, Chapter 2, A.R.S., establishes laws governing Notary Publics. A notary public is an impartial person who witnesses signatures and verifies identities of signers. A notary public is a public officer commissioned by the Secretary of State to perform notarial acts. By rules adopted by the Secretary of State, a notary public may charge the following fees:

1) for an acknowledgment of jurat, "no charge" up to $10 per notary public signature;

2) for a copy certification, "no charge" up to $10 per page certified;

3) for an oath or affirmation, "no charge" up to $10 per notarial act. (R2-12-1102)

Pursuant to A.R.S. § 41-373, a notary public may perform a notarial act by means of communication technology provided they are physically located in this state and authorized to perform remote online notarizations by the Secretary of State. Notaries must keep a record of each remote online notarial act performed in chronological order in a journal maintained in a permanent, tamper-evident electronic format. Statute outlines requirements for journal entries, which must include a fee, if any, charged by the notary public. (A.R.S. § 41-374)

A notarial act is any act that a notary is authorized to perform and that verifies only the identity of a signer of a document and not the truthfulness, accuracy or validity of the document. (A.R.S. § 41-311)

Provisions

1. Allows a notary public to charge a fee of up to $25 for each remote online notarial act. (Sec. 1)

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5. HB 2828

6. Initials PRB Page 0 Commerce

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