Arkansas Notary key terms
Arkansas Notary · Get comfortable with the vocabulary.
- Notary Public
- Related: Commission, Notarial Act, Secretary of State
A person commissioned by the Arkansas Secretary of State to perform authorized notarial acts, such as acknowledgments, oaths, and jurats, for the public. The notary's authority is limited by law and the commission.
- Notarial Act
- Related: Acknowledgment, Jurat, Notarial Certificate
Any official act a notary is authorized to perform, including taking an acknowledgment, administering an oath or affirmation, and completing a jurat. The act must follow Arkansas law and the required certificate form.
- Commission
- Related: Term of Commission, Secretary of State, Commission Number
The written authority from the Arkansas Secretary of State allowing a person to serve as a notary public for a specified term. A notary may act only while the commission is active.
- Secretary of State
- Related: Commission, Application for Commission, Revocation or Suspension
The Arkansas official who appoints, commissions, and oversees notaries public. The office receives applications, issues commissions, and may investigate complaints or take disciplinary action against notaries.
- Term of Commission
- Related: Commission, Renewal, Expiration Date
The period for which an Arkansas notary is appointed. Arkansas notary commissions run for ten years, unless the notary resigns, is removed, or the commission is otherwise terminated earlier.
- Surety Bond
- Related: Application for Commission, Bond Claim, Commission
A bond Arkansas requires a notary applicant to file before receiving a commission. It protects the public from certain losses caused by the notary's official misconduct, up to the bond amount.
- Application for Commission
- Related: Surety Bond, Commission, Secretary of State
The form and supporting materials a person submits to the Arkansas Secretary of State to become a notary. It includes identifying information, eligibility statements, the required bond, and the applicable fee.
- Oath of Office
- Related: Commission, Oath or Affirmation, Notary Public
The sworn promise a newly appointed notary takes to faithfully perform the duties of the office. Arkansas requires the oath before the notary may begin exercising commission powers.
- Official Seal
- Related: Commission Number, Expiration Date, Notarial Certificate
The stamp or embosser a notary uses to authenticate notarial acts. Arkansas requires a seal that includes the notary's name, 'Notary Public,' 'State of Arkansas,' and the commission expiration date.
- Commission Number
- Related: Commission, Official Seal, Notary Journal
The unique identifier assigned to an Arkansas notary's commission. It may be required on the official seal or notarial records and helps link a notarial act to the notary's authority.
- Expiration Date
- Related: Term of Commission, Official Seal, Renewal
The date on which an Arkansas notary's commission ends. A notary may not perform notarial acts after that date unless a new commission has been issued.
- Notary Journal
- Related: Record Retention, Notarial Act, Commission Number
A chronological record in which a notary documents notarial acts performed. Entries typically include the date, parties, document type, and signature, and Arkansas law may specify required content and retention.
- Record Retention
- Related: Notary Journal, Notarial Act
The required period for keeping notary journals and related records. Arkansas rules govern how long records must be preserved and who may inspect or receive copies.
- Acknowledgment
- Related: Notarial Certificate, Personal Appearance, Jurat
A notarial act in which the signer personally appears before the notary and declares that he or she signed the document voluntarily for its stated purpose. The notary completes a certificate but need not verify the document's contents.
- Jurat
- Related: Oath or Affirmation, Affidavit, Personal Appearance
A notarial certificate showing that the signer personally appeared, swore or affirmed the truth of the document's contents, and signed in the notary's presence. The notary administers the oath or affirmation.
- Affidavit
- Related: Jurat, Oath or Affirmation, Verification on Oath or Affirmation
A written statement of facts made voluntarily under oath or affirmation before a notary or other authorized officer. The notary's jurat documents the administration of the oath.
- Oath or Affirmation
- Related: Jurat, Oath of Office, Affidavit
A formal promise to tell the truth or to perform a duty, made before a notary. An oath invokes a deity; an affirmation is a secular equivalent, and both create legally binding obligations.
- Verification on Oath or Affirmation
- Related: Jurat, Oath or Affirmation, Notarial Certificate
A notarial act in which the signer swears or affirms that the contents of a document are true and correct. The notary documents the act with a jurat-style certificate.
- Notarial Certificate
- Related: Acknowledgment, Jurat, Official Seal
The written statement completed by a notary that describes the notarial act performed. It must identify the act, the signer, the date, and the notary, and may include the official seal.
- Venue
- Related: Notarial Certificate, Notarial Act
The state and county where a notarial act is performed, usually stated at the top of the notarial certificate. Correct venue helps show the notary acted within proper geographic authority.
- Personal Appearance
- Related: Acknowledgment, Jurat, Satisfactory Evidence
The requirement that the signer be physically present before the notary at the time of the notarial act. Arkansas notaries may not notarize based only on a signature or remote identification unless specifically authorized.
- Satisfactory Evidence
- Related: Credible Identifying Witness, Personal Appearance, Notarial Act
The identification standard a notary uses to confirm a signer's identity. It usually means a current government-issued photo ID or, when permitted, a credible identifying witness.
- Credible Identifying Witness
- Related: Satisfactory Evidence, Personal Appearance
A person who personally knows the signer and testifies to the signer's identity when the signer lacks acceptable identification. Arkansas rules may limit when a witness may be used.
- Signature by Mark
- Related: Acknowledgment, Notarial Certificate, Personal Appearance
A signature made by a person who cannot write, using a mark such as an X. The notary typically documents the mark and may require witnesses according to Arkansas law.
- Representative Capacity
- Related: Acknowledgment, Notarial Certificate
A signer's legal role when signing for another person or entity, such as an attorney, officer, or agent. The notary should identify the capacity in the certificate when it is stated.
- Conflict of Interest
- Related: Disqualifying Interest, Prohibited Act, Notary Misconduct
A situation in which a notary has a personal, financial, or other interest that could improperly influence the notarial act. A notary should decline the act when impartiality is compromised.
- Disqualifying Interest
- Related: Conflict of Interest, Prohibited Act
A direct beneficial interest that prevents a notary from performing a notarial act impartially. Examples may include being a party to the transaction or receiving a direct benefit from the document.
- Prohibited Act
- Related: Notary Misconduct, Unauthorized Practice of Law, Revocation or Suspension
Conduct Arkansas law forbids a notary from doing while exercising or claiming notarial authority. Examples include notarizing one's own signature, using a false seal, or performing acts outside the commission.
- Unauthorized Practice of Law
- Related: Prohibited Act, Notary Misconduct
Using a notary commission to give legal advice, draft legal documents, or select document forms for others. Notaries may complete certificates but may not explain legal effects or provide legal representation.
- Revocation or Suspension
- Related: Notary Misconduct, Secretary of State, Commission
Disciplinary actions by the Secretary of State that cancel or pause a notary's commission. Grounds may include misconduct, fraud, or failure to comply with Arkansas notary law.
- Bond Claim
- Related: Surety Bond, Notary Misconduct
A demand made against a notary's surety bond for financial loss caused by the notary's official misconduct. The claim is generally handled by the surety, and the notary may have to reimburse it.
- Renewal
- Related: Term of Commission, Expiration Date, Application for Commission
The process of obtaining a new notary commission before or after the current term ends. A notary must not perform notarial acts after expiration until a new commission is issued.
- Change of Name or Address
- Related: Secretary of State, Commission, Official Seal
A notary's duty to notify the Secretary of State when the name or contact information on the commission changes. Updated information helps keep the official record and seal details accurate.
- Notary Misconduct
- Related: Prohibited Act, Revocation or Suspension, Bond Claim
A violation of notary law or a failure to perform notarial duties properly. It can lead to investigation, bond claims, civil liability, or revocation or suspension of the commission.
- Notarial Fee
- Related: Notarial Act, Prohibited Act
The amount a notary may charge for performing a notarial act. Arkansas law may set maximum fees, and notaries may not charge for acts they did not perform.