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AZ Administrative Rule (2018)

Rule/Regulation

State: Arizona

Effective: March 05, 2018

Summary

The Arizona Secretary of State has published a new administrative rule that raises the fees Arizona Notaries may charge and prescribes other requirements Notaries must follow when charging fees.

Affects

Amends R2-12-1102 of the Arizona Administrative Code.

Changes
  1. Reinforces that a Notary Public must keep posted a fee schedule at all times in a conspicuous location, as required under A.R.S. § 38-412.
  2. Specifies the fees Notaries may charge from “no charge” to $10 per Notary signature for an acknowledgment or jurat, or per notarial act for an oath or affirmation, and from “no charge” to $10 per page certified for a copy certification.
  3. Requires a Notary to select a standard fee, from “no charge” up to the maximum $10 fee for a notarial act, and to be consistent when charging fees.
  4. Requires Notaries to use the template in Exhibit 1 in posting their fees.
  5. Requires Notaries to inform the individual who requests Notary services of the fee for the service, if any, before performing any notarial act.
  6. Prescribes a template for posting fees required by law.
Analysis

It has been 21 years since the fees Notaries may charge were raised in a rule adopted by the Secretary of State. The new rule raises the maximum fee Notaries may charge from $2 to $10. The rule is careful to specify that the maximum fee is "per Notary signature" for an acknowledgment or jurat, "per notarial act" for an oath or affirmation and "per page copied" for a copy certification. But the increase in the maximum fee is only one particular provision of this new rule. The new rule also requires Notaries to select a fee from "no charge" up to the maximum fee and at all times consistently charge the fee. It also requires the mandatory fee schedule a Notary must post to conform to Exhibit 1 of the rule. Finally, the new rule requires Notaries to inform the requestor of the notarial act the amount of the fee to be charged, if the Notary charges a fee.

Read the adopted administrative rule.

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