41-253. Requirements for certain notarial acts

318 words·~1 min read·/az/title-41/41-253

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.

B. A notarial officer who takes a verification of a statement on oath or affirmation shall determine both of the following:

1. From personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.

2. That the record that contains the statement verified is complete to the best of the notarial officer's knowledge.

C. A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.

D. A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item. Except as required under section 41-319, a notarial officer may not certify or attest a copy of a public record of this state.

E. A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in section 47-3505, subsection B.

F. A notary public who performs a notarial act for an individual shall communicate with the individual through either of the following:

1. Directly in a language that both the notary public and the individual understand.

2. Indirectly through a translator who communicates directly with the notary public and the individual in languages that the translator understands.