Assigned to GOV AS PASSED BY ADD COW
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
FACT SHEET FOR H.B. 2344
notaries; businesses; prohibition
Purpose
Stipulates that, if an entity does not provide the option to notarize documents without
charge or cost, then individuals seeking notarization may use any authorized notarial officer.
Background
A notarial act or notarization is any act, whether performed with respect to a tangible or
electronic record, that a notarial officer may perform as prescribed by statute including: 1) taking
an acknowledgement; 2) administering an oath or affirmation; 3) taking a verification on oath or
affirmation; 4) witnessing or attesting a signature; 5) certifying or attesting a copy; and 6) noting
a protest of a negotiable instrument. The Secretary of State (SOS) administers the notary
application process, and commissions a notary public in Arizona. The SOS must establish fees that
a notary public may charge for notarial services. A notary public may also charge a fee up to the
authorized amount for mileage expenses and per diem subsistence for state employees as
prescribed. Statute authorizes a judge, clerk or deputy clerk of court or an individual who is
licensed to practice law in Arizona to perform notarial acts (A.R.S. Title 41, Chapter 2).
An entity is a corporation, foreign corporation, not for profit corporation, profit and not for
profit unincorporated association, nonprofit corporation, close corporation, corporation sole or
limited liability company, a professional corporation, association or limited liability company, a
business trust, estate, partnership, registered limited liability partnership, trust or joint venture, two
or more persons having a joint or common economic interest, any person other than an individual
and a state, the United States and a foreign government (A.R.S. § 10-140).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Stipulates that, if an entity does not provide an option to notarize documents at a physical
location without charge or cost, individuals seeking notarization may use the services of any
notarial officer who is authorized to perform the notarial act.
2. Defines entity.
3. Includes, in the definition of entity, a business organization that maintains a physical location
in Arizona for the purpose of direct interaction with customers.
4. Becomes effective on the general effective date. FACT SHEET – Amended
H.B. 2344
Page 2
Amendments Adopted by Committee of the Whole
1. Stipulates that, if an entity, rather than a business, does not provide the option to notarize
documents without charge or cost, then individuals seeking notarization may utilize any
authorized notarial officer.
2. Defines entity.
3. Makes technical changes.
House Action Senate Action
GOV 2/19/25 DPA 4-3-0-0 GOV 3/19/25 DP 7-0-0
3
rd
Read 2/26/25 60-0-0
Prepared by Senate Research
April 10, 2025
AN/DL/ci