Arkansas - U.S Notary Reference

Last Update: September 23, 2025

Notary Jurisdiction

Statewide (ACA 21-14-101[a][2] and 21-14-104).

Notary Term Length

10 years (ACA 21-14-101[a][2]).

Notary Bond

$7,500 (ACA 21-14-101[e] and 21-14-108[d]).

Notary Seal

Required (ACA 21-14-107[b][1]).

Notary Journal

Required for remote notarizations only (ACA 21-14-310[a][1]).

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Commissioning Official

The Arkansas Secretary of State appoints, commissions, regulates and maintains records on the state’s Notaries (ACA 21-14-101).

Contact Information

1. Address: Office of Secretary of State
   Business & Commercial Services Division
   1401 W. Capitol Ave., Ste. 250
   Little Rock, AR 72201-1094

2. Phone: 501-682-3409
   888-233-0325

3. Website: https://www.sos.arkansas.gov/business-commercial-services-bcs/notary-public-and-enotary

Laws, Rules and Guidelines

1. Laws:

   1. Arkansas Code Annotated: Most Notary statutes are in the Arkansas Code Annotated (ACA): Title 21, Chapter 14, “Notaries Public”; Title 18, Chapter 12, “Conveyances”; and Title 16, Chapter 47, “Acknowledgment and Proof of Instruments,” Subchapter 2 of which is the “Uniform Acknowledgment Act.”

   2. Citations: Citations to the Code in this chapter follow this convention: ACA, title, chapter, section, and any subsection within the section, if applicable, in brackets. Example: ACA 21-14-101[e].

2. Rules: Arkansas electronic notarization rules are in the Code of Arkansas Rules and Regulations (CARR): Title 116, Chapter 00, Subchapter 005, “Electronic Notarial Acts.”

3. Guidelines: Other guidelines for Notaries are in the “Arkansas Notary Public and eNotary Handbook” (NPH) (revised January 2025) and “All About Apostilles & Certifications in the State of Arkansas” (A&C). Both resources are available on the website.

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Commission Process

1. Qualifications: An applicant for an Arkansas Notary appointment must (ACA 21-14-101[b][1]):
   (a) Be a U.S. citizen or a permanent legal resident;
   (b) Be a legal resident of Arkansas or a legal resident of an adjoining state who is employed in or operates a business in Arkansas, or a nonresident spouse of a United States military service member employed or operating a business in Arkansas;
   (c) Be at least 18 years old; and
   (d) Be able to read and write English.
   In addition, the application for a Notary commission requires applicants to state that they have not had a Notary commission revoked in the past 10 years and have never been convicted of a felony (ACA 21-14-101[b][3] and [4]). In completing an application for appointment, an applicant certifies that he or she has reviewed the law and duties of a Notary Public (NPH).

2. Course: Not required. The Secretary of State has a free online course on its website.

3. Exam: Required. Successful completion of a 25-question, multiple-choice exam is required for all applicants to access the Notary Public application. Answers to all questions are in the “Arkansas Notary Public and eNotary Handbook,” available on the Secretary of State’s website, or in the online training course offered by the Secretary. Applicants must answer at least 20 of the 25 questions correctly, or the system will not allow them to proceed with the application process.

4. Application

   1. Create Online Account: To apply for an Arkansas Notary commission, applicants must create an online user account at http://bcs.sos.arkansas.gov.

   2. Purchase Bond: Before beginning the application process, they also must obtain a $7,500 surety bond, as the application cannot be completed without the bond.

   3. Take Exam: Once applicants have logged into the system, the first step in the application process is to pass the required exam (see “Exam,” above).

   4. Complete Application: Once applicants have passed the exam, the system will allow them to enter the information required for the application. Once applicants have provided all required information, the system will allow them to print their completed application form. Applicants must be careful to respond truthfully and accurately to the residency questions on the application (website, “New Notary System Customer Guide”). Nonresident spouses of United States military members employed or operating a business in Arkansas must include a copy of U.S. Department of Defense DD Form 1173 or Form 1173-1 (“Uniformed Services Identification and Privilege Card”) (NPH).

   5. Sign Application: Applicants then must electronically sign the online application (NPH) (website, “Notary System Customer Guide”).

   6. Upload Bond and Exam Certificate: Applicants must upload their surety bond and Notary exam passing certificate to the system (NPH). The name on the application must match the name on the bond. In most cases, the commission start date will be listed on the bond.

   7. Submit Application and Fee: After all information has been correctly entered into the application, applicants will choose the option to file the application and then will be rerouted to the payment processor to pay the $20 filing fee. Note: the application no longer requires the application to be printed out and notarized by another Notary (website, “Notary System Customer Guide”). Payment must be made online by credit or debit card, and a small convenience fee will be added to the amount (RM). Applications may only be submitted through the online system.

   8. Obtain Notification of Status: If an applicant has provide an email address on the application, the applicant will receive a notification when the application has been accepted and processed (NPH).

   9. Complete Post-Application Filing: See “Oath and Commission,” below for the steps to file the oath of office and commission with the circuit court clerk in the county of residence or, for a nonresident, in the count of business.

5. Background Screening: Not required.

6. Oath and Commission

   1. Print Oath Forms: After the application has been received and processed by the Secretary of State’s office, the applicant can print out two copies of the Oath of Commission Certificate.

   2. Visit Circuit Court or County Recorder: After checking the accuracy of the information on the Certificate, the applicant must take both copies to the office of the circuit court clerk (or, in some cases, the county recorder) in his or her county of residence or employment or business, along with the original surety bond. The applicant must sign both copies of the Oath of Commission Certificate in the presence of the clerk, and the the clerk will administer the oath of office to the applicant. The clerk will sign both copies and file one copy and original surety bond in the clerk’s office (NPH).

   3. Pay Fee: There will be a separate fee for filing the Oath of Commission Certificate and bond.

   4. Return Oath to Secretary of State: The applicant must mail or deliver in person the second certificate to the Secretary of State either by mail or in person. Currently, electronic filing of the oath form is not permitted.

   5. Obtain Commission Certificate: After receiving the certificate of commission, the Secretary’s office will issue a Notary Public certificate of commission and identification card to the new Notary (ACA 21-14-101[e], [g] and [h]; NPH).

7. Commission Number: “The Secretary of State shall issue a commission number to each new notary public and to each notary public who renews his or her commission” (ACA 21-14-101[h]).

8. Nonresidents: Legal residents of adjoining states who are employed in or operate a business Arkansas may become Notaries (ACA 21-14-101[b][1][A]). In addition, nonresident spouses of a United States military service member employed or operating a business in Arkansas may become Notaries provided they include one copy of a United States Department of Defense DD Form 1173 or a United States Department of Defense DD Form 1173-1, otherwise known as a Uniformed Services Identification and Privilege Card, with their application. (ACA 21-14-101[b][1][A][v]).

9. Reappointment: The process for renewing a commission is the same as that for a first-time applicant (website, “Notary System Customer Guide”).
   Renewal materials may be submitted to the Secretary of State no more than 60 calendar days prior to commission expiration (ACA 21-14-108[c]).

Electronic Notary Public Commission

1. Qualifications: To become an Electronic Notary Public, one must first be commissioned and in good standing as a Notary Public (ACA 21-14-303). The qualifications and requirements for registering as an Electronic Notary apply to Notaries who want to perform online notarial acts.
   Applicants seeking to become an Electronic Notary Public must submit to the Secretary of State an application on a form provided by the Secretary, an attestation that the applicant has not been convicted of a felony, and a $20 filing fee (ACA 21-14-304[a][2][C]).
   The term of an Electronic Notary Public begins on the date an applicant passes the examination, and may not extend past to expiration date of the bond for a Notary Public commission (ACA 21-14-305[a] and [b]).
   “A separate commission is issued to a notary public to perform electronic notarial acts under the laws of the State of Arkansas” (NPH).

2. Application: The application for a separate Electronic Notary commission is made through an online amendment (NPH).
   “Can I submit an application to become an eNotary at the same time as my application to become a regular notary? No. You will need to wait until your regular notary commission has been fully processed before you can submit your eNotary application. Once your traditional notary status shows “good standing” on our website, you may then proceed with applying to become an eNotary” (website, “eNotary Public FAQs”).

3. Training and Exam: “Currently, the required training is only being offered in-person by the Office of the Secretary of State. Those who successfully apply to become an eNotary will be notified via email of upcoming trainings and exams” (website, “eNotary Public FAQs”).
   Applicants must complete an approved training course provided by the Secretary of State on electronic notarization when they apply to become an Electronic Notary. An Electronic Notary Public must complete a refresher course every two years and remit evidence of taking the course to the Secretary of State (ACA 21-14-305[c]).
   Applicants also must pass an examination approved by the Secretary. Applicants may take the exam up to two times in a twelve-month period, and if an applicant does not pass, the applicant must repeat the application process (ACA 21-14-304[b]).

Online Search

The state’s roster of Notaries may be searched at https://bcs.sos.arkansas.gov/search/notary by a Notary’s name, city or commission expiration date. Information provided includes the Notary’s commission status, commission expiration date, city, county and eNotary standing.

Jurisdiction

“Effective January 1, 2006 notaries public may perform notarial acts in any part of the state…” (ACA 21-14-101[a][2]).

“The power and authority of notaries public shall be coextensive with the state…” (ACA 21-14-104).

Term Length

A notary public may perform notarial acts in any part of the state for a term of ten (10) years, beginning on the date of commission or the date of renewal of a commission issued by the Secretary of State” (ACA 21-14-101[a][2]).

Bond

1. Requirement: “(e) Notaries public shall file in the office of the recorder of deeds for the county in which the notary public resides, or, in the case of a resident of an adjoining state or nonresident spouse of a United States military service member, in the county in Arkansas of his or her place of employment or business, either:
   “(1) A surety bond executed by a surety insurer authorized to do business in Arkansas to the state for the faithful discharge of their duties, in the sum of seven thousand five hundred dollars ($7,500), to be approved by the Secretary of State; or
   “(2) A surety contract guaranteeing the notaries’ faithful discharge of their duties executed to the State of Arkansas for not more than an aggregate seven thousand five hundred dollars ($7,500) issued by a general business corporation, validly organized and formed under the laws of this state pertaining to domestic corporations, and which:
   “(A) Has previously registered with the Insurance Commissioner on forms prescribed by him evidencing its purpose to issue only surety contracts for notaries public pursuant to the provisions of this section; and
   “(B) Has previously deposited and thereafter maintains with the Insurance Commissioner securities in the sum of not less than ten thousand dollars ($10,000) executed to the State of Arkansas which are issued by a nonaffiliated corporate entity and are approved by the Insurance Commissioner; and
   “(C) Is not otherwise transacting any insurance business in this state which requires compliance with the provisions of the Arkansas Insurance Code, § 23-60-101 et seq.
   “(f)(1) The obligation of an issuer of a bond required by subsection (e) of this section:
   “(A) Shall be solely to the State of Arkansas; and
   “(B) Is solely for the benefit of the State of Arkansas.
   “(2) Under no circumstances shall the aggregate liability of the issuer exceed the amount of the bond. (ACA 21-14-101[e] and [f]).

2. Employer Cancellation of Bond: “An employer shall not cancel a surety bond of a current or former employee even if the employer paid for the surety bond on behalf of the employee (ACA 21-14-101[f][3]).

Changes of Status

1. General: Notaries are required to notify the Secretary of State and the local circuit court clerk within 30 days of any change that would alter the information on file with the Secretary and the court clerk (ACA 21-14- 103[a]).
   Changes of information, except for name changes (see below) must now be initiated through the online system, using the Notary’s online user account (website, “Notary System Customer Guide”).

2. Name Change: Currently, name changes must reported on a name change form and not through the online portal. (website, “Notary System Customer Guide” and NPH). The change of name form may be downloaded at https://www.sos.arkansas.gov/uploads/2024_Notary_Change_of_Information.pdf?bcs-agent-scanner=96b40734-fc0e-a444-b922-d759b02a1a93.
   If a court order is involved, the Secretary must be provided with a certified copy of the order within 30 calendar days of its filing with the court clerk. If the change is due to marriage, both the Secretary and the local circuit court clerk must be provided with a certified copy of the marriage certificate (ACA 21-14-103[b] and [c]).
   Upon filing the amendment form for a name change, the Secretary of State will issue a document reflecting the new name. The Notary then must purchase a new seal in the new name (NPH).

3. Address Change:

   1. Use Online System: Address changes must be entered into the online system, which will then allow the Notary to print a completed change application. The application must then be submitted to the Secretary of State (website, “Notary System Customer Guide”).

   2. County Change: Notaries who move to a different county, or out-of-state residents whose place of employment moves to a different county, not only must notify the Secretary of State but also must file the original bond or a certified copy in the new county (ACA 21-14-102).
      The notary must purchase a new seal of office that reflects the new county of commission” (NPH).

   3. Nonresidents: “Arkansas notaries who live out of state but have a notary commission based upon their employer’s information must submit a change of personal information form and have their commission transferred to the new county of employment in Arkansas. An Arkansas notary commission for an out of state resident is only valid as long as they maintain employment in Arkansas or, if a nonresident spouse of a United States military service member, maintain employment or operate a business in Arkansas” (NPH).

4. Resignation: The Notary Public must send a signed letter of resignation to the Arkansas Secretary of State and return his or her commission certificate if the Notary (a) no longer wishes to be a Notary, (b) does not maintain legal residence or employment within Arkansas during the term of appointment or (c) is required to resign pursuant to a court order of Arkansas or any other state (ACA 21-14-203[b][1]). In addition, “the resigning notary public shall destroy his or her official seal immediately upon resignation” (ACA 21-14-203[b][2]).

5. Electronic Notary Status Changes: “Specific personal information is filed with the Secretary of State’s Office when you are commissioned as an enotary, including your name, county of commission, physical residential address and, if you’re an out-of-state notary, your physical work address. If any of that information changes, you are required to notify the Secretary of State’s Office within thirty days of the change. The amendment to the notary’s record is done through a web portal on the Secretary of State’s Business and Commercial Services website at http://bcs.sos.arkansas.gov” (NPH).
   “When you apply for an electronic commission, you must provide your primary and a secondary e-mail address. If either e-mail address changes, you must notify the Secretary of State’s office within thirty days of that change” (NPH).

6. Electronic Notary Commission Termination: “(a)(1) Except as provided by subsection (b) of this section, an electronic notary public whose commission terminates shall destroy the coding, disk, certificate, card, software, or password that enables electronic affixation of the electronic notary public’s official electronic signature or seal.
   “(2) An electronic notary public shall certify his or her compliance with subdivision (a)(1) of this section to the Secretary of State.
   “(b) A former electronic notary public whose commission terminated for a reason other than revocation or a denial of renewal is not required to destroy the items described in subsection (a) of this section if the former online notary public is recommissioned as an electronic notary public with the same electronic signature and seal within three (3) months after the former electronic notary public’s former commission terminated” ACA 21-14-311).

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Authorized Acts

1. Notarial Acts: Arkansas Notaries are authorized to perform the following notarial acts (ACA 21-14-104 through 21-14-106, plus additional statutes as noted):

   1. Take acknowledgments and proofs;

   2. Administer oaths and affirmations;

   3. Take affidavits (ACA 16-45-102[a]) and depositions;

   4. Certify copies;

   5. Note or make protests (ACA 4-3-505[b]; 16-46-211).

2. In-Person Electronic and Remote Notarial Acts: Arkansas Notaries who have obtain an Electronic Notary Public commission are authorized to perform in-person electronic and remote notarial acts.

Acknowledgments

1. Definition: An acknowledgment is a formal statement by a person that a document is his or her own act” (NPH).
   “The acknowledgment of deeds and instruments of writing for the conveyance of real estate, or whereby such real estate is to be affected in law or equity, shall be by the grantor appearing in person before a court or officer having the authority by law to take the acknowledgment and stating that he or she had executed the deed or instrument for the consideration and purposes therein mentioned and set forth” (ACA 18-12-206[a]; see also ACA 16-47-106[a]).

2. Requirements: “In an Acknowledgment Statement, a notary is verifying who is signing the document and when and where the signing takes place. When completing an Acknowledgment Statement, you as the notary public must witness the signature” (NPH).

Proofs

“When a deed or instrument referred to in subsection (a) of this section [see “Acknowledgments,” above] is to be proved, it shall be done by one (1) or more of the subscribing witnesses personally appearing before the proper court or officer and stating on oath that he or she saw the grantor subscribe the deed or instrument of writing or that the grantor acknowledged in his or her presence that he or she had subscribed and executed the deed or instrument for the purposes and consideration therein mentioned, and that he or she had subscribed the deed or instrument as a witness at the request of the grantor” (ACA 18-12-206[b]; see also ACA 16-47-106[b]).

There are provisions for a proof by handwriting if a subscribing witness is dead or cannot be found (ACA 16-47-106[c] and ACA 18-12-206[c]).

Oaths

1. Definition: “An oath is a formal statement by which a person appearing before a notary swears (or affirms):
   “1. That the statement or group of statements is the truth; or
   “2. That the testimony he or she will give will be the truth; or
   “3. That he or she will faithfully perform the duties of a corporate office” (NPH).

2. Requirements: The following is recommended as an oath of office for public officials: “I, _______________, do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Arkansas, and that I will faithfully discharge the duties of the office of _______________, upon which I am now about to enter” (Arkansas Constitution, Article 19, Section 20).
   The “Arkansas Notary and eNotary Handbook” contains a sample oath form for corporate officials taking an oath (see “Certificate of Notarial Act,” below).

Affidavits

Definition: “An affidavit is simply a sworn, written statement of facts to which some person (the ‘Affiant’) swears or affirms before an officer authorized to administer oaths. It must clearly state the name of the person swearing (or affirming) that the statements are true and complete. The notary witnesses the signature and identity of the affiant” (NPH).

Depositions

1. Definition: “A deposition is a form of oral testimony, transcribed for use in legal proceedings. A notary may have two functions in connection with depositions. First, the notary may be asked to take the witness’ oath to tell the truth. Second, after the deposition has been transcribed, the notary may be asked to certify that the written transcript is a complete and accurate record of what was said at the deposition” (NPH).

2. Requirements: An Arkansas Notary Public has the power and authority to take depositions under Rule 28 of the Arkansas Rules of Civil Procedure and Rule 28 of the Federal Rules of Civil Procedure (ACA 21-14-104[3]).
   “Only Arkansas notaries who are also certified court reporters may partake in depositions as a duty of their notarial office pursuant to Rule 28 of the Arkansas Rules of Civil Procedure. Depositions not attested to by a certified court reporter will not be accepted in Arkansas courts” (website, “Notary Public FAQs”).
   Arkansas’s Rule 28 states, in part: “Within this state and elsewhere in the United States or within a territory or insular possession subject to the dominion of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of this State or of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony….”

Copy Certifications

1. Authority: “A notary public may supervise the making of a photocopy of an original document and attest that the document is a copy” (ACA 21-14-106[b]).

2. Requirements

   1. Prohibitions: A Notary may not certify a copy of a vital record in Arkansas, another state, a territory of the United States, or another country; or a public record, if a copy can be made by the custodian of the public record (ACA 21-14-106[b]).
      “A notary may NOT certify a photocopy of any vital or public record or documents issued by the US Department of State or Immigration. A notary may certify copies of passports and drivers licenses” (NPH). Examples of a vital record are birth, death and marriage certificates and divorce decrees; an example of a public record is a recorded real property deed.
      “If somebody needs a copied and notarized birth certificate for their child, may a notary provide that? — “No. Arkansas law does not allow notaries to make and certify copies of birth certificates, other vital records and public records … Copies of birth certificates will need to be obtained through the vital records division of the Health Department (website, “Notary Public FAQs”).

   2. Producing the Copy: “The notary must supervise the photocopying, or make the copy him or herself. The notary may keep a copy for his or her records to later ascertain that the certified document has not been altered” (NPH).

Protests

1. Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs” (ACA 4-3-505[b]).

2. Requirements: A protest “may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (ACA 4-3-505[b]).

In-Person Electronic Notarial Acts

Definition: “(A) ‘Electronic notarial act’ means an official act by a notary public performed with respect to an electronic document and using electronic means authorized by the Secretary of State;
“(B) ‘Electronic notarial act’ includes:
“(i) Taking an acknowledgment:
“(ii) Administering an oath or affirmation;
“(iii) Taking a verification on oath or affirmation;
“(iv) Witnessing or attesting a signature
“(v) “Certifying or attesting a copy; and
“(vi) Noting a protest of a negotiable instrument” (ACA 21-14-302[3]).

Remote Notarial Acts

Definition: “'Online notarial act' means a notarial act performed by means of communication technology” (ACA 21-14-302[21][A]).

“'Online notarial act' includes:
“(i) Taking an acknowledgment;
“(ii) Administering an oath or affirmation;
“(iii) Taking a verification on oath or affirmation;
“(iv) Witnessing or attesting a signature; and
“(v) Certifying or attesting a copy” (ACA 21-14-302[21][B]).

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Personal Appearance

1. Notarial Acts: “[P]ersonal, physical appearance before the notary is required. This means the signer(s) and the notary public are physically close enough to see, hear, communicate, and give identification credentials to each other without reliance on an electronic device such as a telephone, computer, video camera, or facsimile machine” (NPH). The requirement for personal, physical appearance does not apply to remote notarizations (see “Remote Notarial Acts,” below).

2. In-Person Electronic Notarial Acts: “An electronic notary public shall not perform an electronic notarial act if the document signer does not appear in person before the electronic notary public at the time of the electronic notarial act” (ACA 21-14-307[a]).

3. Remote Notarial Acts: “An electronic notary public may perform an online notarial act through a solution provider by means of communication technology … if … [t]he online notary public is physically located within this state but regardless of whether or not the principal is a remotely located individual at the time of the online notarial act” (ACA 21-14-309[a]).
   “'Communication technology' means an electronic device or process that:
   (A) Allows an online notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
   (B) If applicable, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment” (ACA 21-14-302[16]).

Identification

1. Notarial Acts

   1. Acknowledgments and Proofs: “The officer taking the acknowledgment shall know or have satisfactory evidence that the person making the acknowledgment is the person described in and who executed the instrument” (ACA 16-47-205).
      “When any grantor in any deed or instrument that conveys real estate or whereby any real estate may be affected in law or equity, or any witness to any like instrument, shall present himself or herself before any court or other officer for the purpose of acknowledging or proving the execution of the deed or instrument, if the grantor or witness shall be personally unknown to the court or officer, his or her identity and his or her being the person he or she purports to be on the face of such instrument of writing shall be proved to the court or officer” (ACA 18-12-206[d][1]).
      “Proof may be made by witnesses known to the court or officer or by the affidavit of the grantor or witness if the court or officer shall be satisfied therewith. The proof or affidavit shall also be endorsed on the deed or instrument of writing” (ACA 18-12-206[d][2]; see also ACA 16-47-106[d]).

   2. Personal Knowledge: “… ‘personally knows’ means having an acquaintance, derived from association with the individual, which establishes the individual’s identity with at least a reasonable certainty” (ACA 21-14-111).

   3. Satisfactory Evidence: “The notary’s greatest responsibility is to be certain of the identity of each person whose signature he or she will notarize. It is advised to require some form of photographic identification, unless the notary personally recognizes the person whose signature is to be notarized” (NPH).
      “What qualifies as proper identification?
      “a. The Secretary of State’s Office recommends using a government issued identification card that includes the client/signer’s picture and signature, such as a driver’s license or passport.
      “b. What you will accept as proper identification is up to you, but it must satisfactorily prove the client/signer’s identity” (website, Notary Public FAQs”).

2. In-Person Electronic Notarial Acts: “(1) The methods for identifying a document signer for an electronic notarial act shall be the same as the methods required for a paper-based notarization under § 21-14-101 et seq.
   “(2) The electronic notary public shall not under any circumstances base identification merely upon familiarity with the electronic signature of the signer or an electronic verification process that authenticates the electronic signature of the signer when the signer is not in the physical presence of the electronic notary public” (ACA 21-14-307[b]).

3. Remote Notarial Acts

   1. Definitions

      1. “'Credential analysis' means a process or service operating according to criteria approved by the Secretary of State through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources” (ACA 21-14-302[17])

      2. “'Identity proofing' means a process or service operating according to criteria approved by the Secretary of State through which a third person affirms the identity of an individual through review of personal information from public and proprietary data sources” (ACA 21-14-302[20]).

      3. “'Remote presentation' means a transmission to the online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to:
         “(A) Identify the individual seeking the online notary public’s services; and
         “(B) Perform credential analysis” (ACA 21-14-302[25]).

   2. Requirement: “In performing an online notarial act, a notary public shall verify the identity of a person creating an electronic signature at the time that the electronic signature is taken by using communication technology that meets the requirements of this subchapter” (ACA 21-14-309[b][1]).
      “Identity may be verified by:
      “(A) A notary public’s personal knowledge of the person creating the electronic signature;
      “(B) Satisfactory evidence of the identity of the principal from a credible witness; or
      “(C) Each of the following:
      “(i) Remote presentation by the person creating the electronic signature of a government-issued identification credential, including without limitation a passport or a state-issued driver’s license, that contains the signature and a photograph of the person;
      “(ii) Credential analysis; and
      “(iii) Identity proofing” (ACA 21-14-309[b][2]).

Refusal of Services

“A notary public may refuse to perform a notarial act for any reason, including when the principal:
“(A) Does not appear to understand the nature of the transaction that requires the notarial act;
“(B) Does not appear to be acting of his or her own free will;
“(C) Lacks the ability to sign a notarial document using letters or characters of a language that is understood by the notary public; or
“(D) Is not able to communicate directly with the notary public in a language understood by the principal and the notary public” (ACA 21-14-107[a][3]).

Signature by Mark

“(A) A signature by mark on a notarial document is legal for the purposes of executing the notarial document if the mark is:
“(i) Made by a person who at the time of signature lacks the ability to write or sign his or her name; and
“(ii) Witnessed by at least one (1) disinterested person.
“(B) The notary public shall write below a signature by mark: ‘Mark affixed by (Name of signer by mark) in the presence of (name(s) of witnesses)’” (ACA 12-14-107[a][4]).

Signature by Proxy

“When a principal is physically unable to sign or make a mark on a notarial document, a disinterested third party may sign the name of the principal if:
“(A) The principal directs the disinterested third party to sign the name of the principal in the presence of two (2) disinterested witnesses;
“(B) The disinterested third party signs the name of the principal in the presence of the notary public, the principal, and the disinterested witnesses;
“(C) Each disinterested witness signs his or her own name beside the signature;
“(D) The notary public writes below the signature: ‘Signature affixed by (name of third party) at the direction and in the presence of (name of principal unable to sign or make a mark) and also in the presence of (names of two witnesses)’; and
“(E) The notary public notarizes the required notarial certificate” (ACA 21-14-107[a][5]).

Foreign-Language Documents

“May I notarize a document in a foreign language? — “Yes, since notaries are not generally concerned with the content of the document, you may notarize a document in a foreign language. However, your acknowledgment statement must be in English. As a reminder, if the document will later need an Apostille or Certification, it will need to be translated to English before the Secretary of State’s Office can process the request” (website, “Notary Public FAQs”).

Handwritten Documents

“May I notarize a handwritten document? — “Yes, notaries are generally not concerned with the contents of the document, just the identity of the signer. In addition to that, your acknowledgement statement may be hand written if one is not originally included as part of the document. Just a reminder, be sure to use ink for handwritten documents” (website, “Notary Public FAQs”).

Advance Directives

The Arkansas Healthcare Decisions Act was enacted into law as Act No. 1264 (Senate Bill 1013), effective July of 2013 and amends ACA Title 20, Chapter 6, by adding Subchapter 1, Sections 20-6-101 through 20-6-118.

The act provides that an advance health care directive must be in writing, signed by the principal, and either notarized or witnessed by two persons. If the directive is witnessed rather than notarized, it must contain an attestation clause for the witnesses to sign. Each of the witnesses must be a competent adult who is not the designated agent. At least one of the witnesses must be unrelated to the principal by blood, marriage or adoption and must not be entitled as an heir to any portion of the principal’s estate (ACA 20-6-103[c][1] through [4]).

Section 2 of the act requires the State Board of Health to adopt forms for an “Advance Care Plan” and an “Appointment of Agent”; however, the General Assembly did not direct the forms to be codified in statute. The forms may be obtained from the State Board of Health’s website. If the advance health care directive is notarized rather than witnessed, each form contains a separate acknowledgment certificate, both of which must be completed by the Notary who notarizes the directive.

Disqualifying Interest

1. Personal: “A notary public cannot notarize his/her own signature, or a document to which the notary is party, or a document from which the notary would gain direct or indirect financial benefit” (NPH).

2. Bank or Corporate Employees: Notaries who are employees, stockholders, directors or officers of a bank or other corporation may notarize for that bank or corporation, unless the Notary is a party to the transaction, either individually or as a representative (ACA 21-14-109).
   “A corporate employee may notarize documents to which his/her employer is a party, as long as he/she is not personally involved or acting as a representative of the corporation.
   “However, if the notary is personally involved or acting as a representative of a corporation which is a party to the document, the notary may not perform any notarial acts concerning that document” (NPH).

3. Relatives: “While Arkansas law does not expressly prohibit notarizing for a relative, many notaries who do so might violate those statues regarding a direct or indirect financial benefit from the document in question” (website, “Notary Public FAQs”).

Witnessing Signatures

“(a) It is unlawful for any notary public to witness any signature on any instrument unless the notary public either:
“(1) Witnesses the signing of the instrument and personally knows the signer or is presented proof of the identity of the signer; or
“(2) Recognizes the signature of the signer by virtue of familiarity with the signature.
“(b) Any notary public violating this section shall be guilty of a Class A misdemeanor.
“(c) For purposes of this section, ‘personally knows’ means having an acquaintance, derived from association with the individual, which establishes the individual’s identity with at least a reasonable certainty” (ACA 21-14-111).

“May I notarize a document that was signed before being brought to me? — “Yes and no. If you have familiarity with the signature, as in you’ve seen it many times before and know it is genuine, you may notarize that document. This document must still be presented to the notary by the signer of the document. A wife cannot bring her husband’s signature to you to notarize without him present. However, if you do not have a prior relationship to that signature, the signer will need to sign the document again in your presence and only the signature done in your presence is eligible to be signed” (website, “Notary Public FAQs”).

Unauthorized Practice of Law

1. Definition: The practice of law is defined as:
   “(A) Holding oneself out to the public as being entitled to practice law; “
   “(B) Tendering or furnishing legal services or advice;
   “(C) Furnishing attorneys or counsel;
   “(D) Rendering legal services of any kind in actions or proceedings of any nature or in any other way or manner;
   “(E) Acting as if or in any other manner assuming to be entitled to practice law; or
   “(F) Advertising or assuming the title of lawyer or attorney, attorney at law, or equivalent terms in any language in such a manner as to convey the impression that one is entitled to practice law or to furnish legal advice, service, or counsel” (ACA 4-109-101[3]).

2. Penalty: “The Secretary of State may deny the application of any person for appointment or reappointment or revoke the commission of any notary public during such notary’s term of appointment if the notary public … [i]s found by a court of this state to have engaged in the unauthorized practice of law” (ACA 21-14-112[a][4]).

Advertisements

1. Use of ‘Notario’: “(a) Any notary public who chooses to use the term ‘notario’, ‘notario publico,’ or any similar term in any advertisement shall include in the advertisement the following notice:
   “‘I AM NOT A LICENSED ATTORNEY AND CANNOT ENGAGE IN THE PRACTICE OF LAW. I AM NOT A REPRESENTATIVE OF ANY GOVERNMENTAL AGENCY WITH AUTHORITY OVER IMMIGRATION OR CITIZENSHIP AND I CANNOT OFFER LEGAL ADVICE OR OTHER ASSISTANCE REGARDING IMMIGRATION.’
   “(b) The notice shall be provided in both English and Spanish” (ACA 4-109-103).
   In the Spanish language, the notice would read: “Yo no soy un abogado matriculado y no puedo ejercer en la práctica de leyes. Yo no soy un representante de ninguna agencia gubernamental con autoridad sobre inmigración o ciudadanía norteamericana y no puedo proveer consejos legales u otra asistencia con respecto a inmigración” (website, “Notario Publico Disclaimer”).
   These requirements do not apply to an attorney licensed in the state of Arkansas (ACA 4-109-104).

2. Misleading Advertising: “The Secretary of State may deny the application of any person for appointment or reappointment or revoke the commission of any notary public during such notary’s term of appointment if the notary public … [k]nowingly uses false or misleading advertising in which such notary represents that such notary has powers, duties, rights, or privileges that such notary does not possess by law” (ACA 21-14-112[a][3]).

Electoral Misconduct

Addressing fraud in connection with initiative and referendum petitions, Arkansas legislation that was enacted into law effective in April of 2013 (Senate Bill 821, Act No. 1413) classifies certain electoral violations by Notaries as criminal: “A person commits a Class A misdemeanor if the person, acting … as a notary, knowingly fails to witness a canvasser’s affidavit by witnessing the signing of the instrument in person and either personally knowing the signer or by being presented with proof of the identity of the signer” (ACA 7-9-103[c][8]).

In 2015, in enacting Act No. 1219 (Senate Bill 860), the General Assembly toughened the law by making any failure — knowing or unknowing — by a Notary to properly witness a canvasser’s affidavit a Class A misdemeanor (ACA 7-9-103[c]).

Disqualifications: “A petition part and all signatures appearing on the petition part shall not be counted for any purpose by the official charged with verifying the signatures … if … the canvasser verification is not notarized, is notarized by more than one (1) notary, or lacks a notary signature or a notary seal” (ACA 7-9-126[b][5]).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Electronic Records and Signatures Act: In 1999, Arkansas enacted the Arkansas Electronic Records and Signatures Act (Act No. 718), with the following provision pertinent to electronic notarization:
      “(a) Any person may, but shall not be required to, accept or agree to be bound by an electronic record which is:
      “(1) Executed or adopted with an electronic signature; and
      “(2) Witnessed or notarized using an electronic signature, when that acceptance or agreement is otherwise required to be witnessed or notarized.
      “(b) When a person or other entity accepts or agrees to be bound by an electronic record as provided in this section, then any rule of law which requires:
      “(1) A record of that type to be in writing shall be deemed satisfied;
      “(2) A signature shall be deemed satisfied; and
      “(3) A witness or notary shall be deemed satisfied by the electronic signature of the witness or notary” (ACA 25-31-104).

   2. Uniform Electronic Transactions Act: In 2001, Arkansas enacted the Uniform Electronic Transactions Act (Act No. 905) and its provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (ACA 25-32-111).

   3. Uniform Real Property Electronic Recording Act: In 2007, Arkansas enacted the Uniform Real Property Electronic Recording Act (Act No. 734), including the following provision regarding the image of a seal on electronically notarized documents: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (ACA 14-2-303[c]).

   4. Electronic Notary Public Act: In 2017, Arkansas enacted the Arkansas Electronic Notary Public Act (Act No. 306 — House Bill 1479). The provisions of the Act are summarized below.

2. Electronic Notary Commission: For the requirements to obtain an Electronic Notary Public Commission, see “Electronic Notary Public Commission” under “Commission and Appointment,” above.

3. Approved Solution Providers

   1. Definition: “‘Solution provider’ means a business entity that has submitted an application, meets standards, and has been approved by the Secretary of State to offer electronic notarial acts or online notarial acts or solutions to duly commissioned electronic notaries public” (ACA 21-14-302[12]).

   2. Approval of System Providers: “An electronic notarial act shall be executed through an approved solution provider” (ACA 21-14-306[a]). The standards and an application for providers may be found on the Secretary of State’s website.
      “Only companies who have registered to become Approved Solution Providers are eligible to provide eNotary services to Arkansas eNotaries” (website, “eNotary Public FAQs”). A list of all currently-approved solution providers may be found on the Secretary of State’s website.
      “Electronic notarizations will take place through a web portal that has been setup (sic) by your approved solution provider. Any document to be electronically notarized will need to be in a digital format such as a PDF, Word Document, etc. If a hard copy is presented to the eNotary, the eNotary may scan in the document to create the digital document. The signatures applied to the digital document will be done through some electronic means such as a keyboard, touchscreen, touchpad, or other similar object. The solution provider you use will depend upon the signature capture method” (website, “eNotary Public FAQs”).

   3. List of Approved Providers: Provided.
      The Secretary of State maintains a list of current remote notarization system providers whose technologies have been approved for use by Arkansas Notaries at the Secretary’s website at https://www.sos.arkansas.gov/business-commercial-services-bcs/enotary.

4. Fees: For the fees that an Electronic Notary may charge, see “Fees for Notarial Acts,” below.

Remote Notarial Acts

1. Applicable Law: Effective April 29, 2021, Arkansas authorized Notaries Public to qualify for and perform online notarial acts through the enactment of Act No. 1047 (Senate Bill 340). The Arkansas Electronic Notary Public Act (ACA 21-14-301 et seq.) codify the provisions for remote notarization. These provisions are summarized below.

2. Technology Systems

   1. Definition: “‘Solution provider’ means a business entity that has submitted an application, meets standards, and has been approved by the Secretary of State to offer electronic notarial acts or online notarial acts or solutions to duly commissioned electronic notaries public” (ACA 21-14-302[12]).
      In addition to enabling an Electronic Notary to notarize a document electronically through the use of a digital signature and digital Notary seal and validate the notarial act with a digital certificate, an “[a]pproved RON technology also includes secure video capabilities, identity proofing, credential analysis tools, and a recording of the notarial act” (NPH).

   2. Approval of System Providers: Required.

   3. List of Approved Providers: Provided.
      The Secretary of State maintains a list of current remote notarization system providers whose technologies have been approved for use by Arkansas Notaries at the Secretary’s website at https://www.sos.arkansas.gov/business-commercial-services-bcs/enotary.

3. Location of Online Notary: “An electronic notary public may perform an online notarial act through a solution provider by means of communication technology under this subchapter if … [t]he online notary public is physically located within this state but regardless of whether or not the principal is a remotely located individual at the time of the online notarial act” (ACA 21-14-309[a][1]).

4. Confirmation of Record: “An electronic notary public may perform an online notarial act through a solution provider by means of communication technology under this subchapter if … [t]he online notary public … [i]s able to reasonably confirm that a record before the notary public is the same record on which the principal made a statement or on which the principal executed a signature” (ACA 21-14-309[a][2][B]).

5. Remotely Located Individual Outside the United States: “(a) An electronic notary public may perform an online notarial act through a solution provider by means of communication technology under this subchapter if …
   (3) [f]or a remotely located individual located outside the United States, an online notary public confirms that the record:
   “(A) Is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or
   “(B) Involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States; and
   (4) The act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is located” (ACA 21-14-309[a][3]-[4).

6. Electronic Record of Online Notarizations: For the requirement of an Electronic Notary Public to keep electronic records of online notarial acts, see “Records of Notarial Acts,” below.

7. Security of Communication Technology: “A notary public shall take reasonable steps to ensure that the communication technology used in an online notarial act is secure from unauthorized interception” (ACA 21-14-309[c]).
   “'Communication technology' means an electronic device or process that:
   “(A) Allows an online notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
   “(B) If applicable, facilitates communication with a remotely located individual who has a vision, hearing, or speech impairment” (ACA 21-14-302[16]).

Scrivener’s Error Affidavit

1. Definition: An Arkansas law taking effect in July of 2013 (Senate Bill 1137, Act No. 1045) creates a statutory “scrivener’s error affidavit” for the purpose of correcting certain errors in documents affecting the title to real property that were recorded with a county recorder. Such frequent errors may pertain to a legal description of property, to identification of a corporation or other legal entity, or to identification, marital status, heirship, relation, or death of a party to a document.

2. Execution and Recording: Typically, a scrivener’s error affidavit is prepared, executed and recorded by a licensed attorney (ACA 18-12-108[a] and [b]). A new law effective August 3, 2025 authorizes a Notary Public who made the error on the real property document to sign and record a scrivener’s affidavit correcting the error.

3. Notarization: The scrivener’s error affidavit must be subscribed and sworn to before a Notary Public (See “Certificate of Notarial Act, below). Although Arkansas Notary law does not explicitly prohibit a Notary Public from notarizing their own signature, it would almost certainly render the effect of the document void should a Notary do so. Notary Public who signs and records a scrivener’s error affidavit must have another Notary Public notarize their signature.

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Certificate Requirements

1. General Requirements: “The notarial certificate shall include:
   “(i) The official signature of the notary public…;
   “(ii) The official seal of the notary as described in subdivision (b)(1) of this section;
   “(iii) The venue of the notarial act, including the name of the state and county; and
   “(iv) The date of the notarial act” (ACA 21-14-107[f]1][B]).

2. English Language: “For a notarial act involving a document, a notary public shall complete a notarial certificate that is worded in English” (ACA 21-14-107[f][1][A]).

Acknowledgment Certificate Requirements

“The certificate of the acknowledging officer shall be completed by his signature, his official seal if he has one, the title of his office, and if he is a notary public, the date his commission expires” (ACA 16-47-208).

Certificate Forms

Reprinted below are the three acknowledgment certificates enacted in 2013 and codified in ACA 16-47-107, as well as select certificates from other Arkansas statutes and one from the Secretary of State’s publication on apostilles.

The county named in the venue portion of the three acknowledgment certificates provided by ACA 16-47-107 may indicate either (1) the county where the officer executing the acknowledgment resides, or (2) the county where the acknowledgment occurred (ACA 16-47-107[g]).