Application, Appointment, Bonding, and Commission Maintenance
Getting commissioned
The process starts with an application to the Secretary of State on the prescribed form, submitted with the required fee and evidence of the statutory qualifications (age, citizenship or permanent residence, residence or qualifying business connection, and no disqualifying convictions). Once the application is approved, the applicant must be bonded and must take and file the oath of office; the commission does not take effect until those steps are complete. A candidate should be able to list the sequence - apply, qualify, bond, oath, commission issued, seal obtained - because questions shuffle it.
The term and the bond
Arkansas commissions run for a fixed multi-year term, so the expiration date on the commission certificate is the single most important date in a notary's file. The surety bond is not insurance for the notary; it protects the public, and a surety that pays a claim can seek reimbursement from the notary. The bond must remain in force for the full term, and a lapse can invalidate the authority to act.
Maintaining the commission
Keep your name and address current with the Secretary of State, renew before expiration rather than after, and obtain a new or amended commission if your legal name changes so the seal and certificate match the commissioned name. When the commission ends, surrender or destroy the seal and dispose of the journal as the Act directs.
Traps
- Assuming the commission is effective the day the application is mailed.
- Assuming a grace period exists - there is none for performing notarial acts.
- Treating the bond as personal malpractice coverage.
Worked example
A notary's commission expires June 30 and a closing is set for July 1. The notary cannot act; the act would be void. Reassign the file or complete renewal before the closing.