AZ House Bill 2155 | NNA
Law

AZ House Bill 2155

Notary Law Update: AZ House Bill 2155

State: Arizona

Summary:

House Bill 2155 creates a penalty for Notaries who engage in the unauthorized practice of immigration law.

Signed:  March 20, 2018

Effective:  August 03, 2018

Chapter: TBD

Affects:

Amends Section 41-329 of the Arizona Revised Statutes

Changes:
  1. Prohibits a Notary who is not an attorney from rendering any service for compensation that constitutes the unauthorized practice of immigration and nationality law as defined by ARS 12-2701.
  2. Requires the Secretary of State to impose a civil penalty of not more than $1,000 and permanently revoke the Notary's commission for a violation of the new law, in addition to any other penalty.
Analysis:

House Bill 2155 adds a new prohibition and penalties against Notaries who engage in the unauthorized practice of immigration law. Under ARS 12-2701, the "unauthorized practice of immigration and nationality law" is defined as: (a) The act of any person appearing in any case, either in person or through preparation or filing of any brief or other document, paper, application or petition on behalf of another person or client before or with the immigration and naturalization service, or any officer of the immigration and naturalization service, the executive office for immigration review or the board of immigration appeals, without authorization under [the immigration and nationality law practice act ARS 12-2701-12-2704]. (b) The study of the facts of a case and the applicable laws, coupled with giving advice and auxiliary activities, including the incidental preparation of papers, without authorization under [the immigration and nationality law practice act ARS 12-2701-12-2704], but does not include the lawful functions of a notary public, nonprofit organization or service consisting solely of assistance in the completion of blank spaces on printed immigration and naturalization service forms by a person whose remuneration, if any, is nominal and who does not hold himself out as qualified in legal matters or in immigration and naturalization procedure."

Read the bill text.

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