Arkansas Notary flashcards
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- Arkansas notary commission term
- A notary public commission issued in Arkansas runs for a term of ten years from the date the Secretary of State issues it.
- Who commissions Arkansas notaries
- The Arkansas Secretary of State appoints and commissions notaries public; applications, bonds, and commission records are handled through that office.
- Arkansas notary qualifications
- An applicant must be at least eighteen, able to read and write English, and a resident of Arkansas or of an adjoining state regularly employed in Arkansas.
- Statewide notarial jurisdiction
- An Arkansas notary public may perform notarial acts anywhere inside the state's boundaries, but holds no notarial authority outside Arkansas.
- Administering an oath
- Administering an oath or affirmation is a core notarial power: the notary verifies identity and witnesses the signer's spoken pledge to truthfulness.
- Taking an acknowledgment
- In an acknowledgment, the notary certifies the signer appeared, was identified, and acknowledged signing the document voluntarily for its stated purpose.
- Notary cannot give legal advice
- A notary who is not a licensed attorney may not explain legal effects, choose documents, or advise parties; the role is limited to performing the act.
- Jurat versus acknowledgment
- A jurat certifies the signer swore or affirmed to the document's truth before the notary; an acknowledgment certifies voluntary execution with no oath.
- Certificate caption requirements
- An Arkansas notarial certificate identifies the State of Arkansas and the county where the act is performed, together with the date of the act.
- Required certificate content
- A certificate states the act performed, the signer's name, how identity was verified, the date, and the notary's signature and official seal.
- Subscribed and sworn to
- This phrase signals a jurat: the signer signed in the notary's presence and then took an oath or affirmation before the notary.
- Personal appearance requirement
- A notary may certify a traditional act only when the signer appears physically before the notary; without appearance no valid certificate may be issued.
- Refusing a notarial act
- A notary may decline when identity, willingness, or competence is doubtful, or when the request is unlawful or beyond the notary's authority.
- Signing by mark
- A signer unable to write may sign with a mark; the notary records the mark and uses identifying witnesses as the Act allows.
- Arkansas seal contents
- The official seal must show the notary's name, the words 'Notary Public,' 'State of Arkansas,' the commission number, and the commission expiration date.
- Seal reproducibility rule
- The notarial seal must yield a legible impression capable of photographic reproduction, so an embosser alone may not suffice unless reproducible.
- Custody of the seal
- The notary keeps the official seal under sole control and must report a lost, stolen, or misused seal to the Secretary of State.
- Journal entry contents
- A journal entry records the date, the type of notarial act, the signer's name, the identity-verification method, and any fee charged.
- Record retention and inspection
- The notary keeps the journal and related records in safekeeping and produces them for inspection when the Secretary of State requests them.
- Electronic notary seal
- Electronic notarization uses a tamper-evident electronic seal together with an electronic journal that protects entries from alteration after creation.
- Notarizing own signature
- A notary may not notarize the notary's own signature, or any document in which the notary is a party or holds a beneficial interest.
- Notary conflict of interest
- A notary must decline an act when a family, business, or financial relationship could bias the notary's judgment or benefit the notary directly.
- Unauthorized practice of law
- Explaining a document's legal effect, selecting a form, or advising parties is unauthorized practice of law when done by a non-attorney notary.
- Statutory fee cap
- Arkansas limits the fee a notary may charge for a notarial act; demanding or accepting more than the maximum is a prohibited act.
- Penalties for notary violations
- Violating the Notary Public Act can bring criminal charges, personal civil liability, bond claims, and suspension or revocation of the commission.
- Acting after commission expires
- Performing notarial acts after the commission expires, or while it is suspended or revoked, is prohibited and the resulting certificate is invalid.
- Filing the application
- An applicant files a signed application with the Secretary of State, pays the required fee, and submits the required surety bond.
- Notary surety bond
- The surety bond must be filed with the state before the commission issues and protects members of the public harmed by the notary's official misconduct.
- Oath of office
- Before performing notarial duties, a newly commissioned notary takes and files an oath of office as the Act requires.
- Name or address change
- A notary who changes name or address must notify the Secretary of State so the commission record and seal information stay accurate.
- Commission number
- The Secretary of State assigns each notary a commission number, which the notary includes on the official seal and in notarial records.
- Renewal before expiration
- A notary who wishes to continue beyond the commission's expiration must reapply or renew before the term ends to avoid a lapse in authority.