Arkansas - U.S Notary Reference

Last Update: July 25, 2024

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: 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. Rules: Arkansas electronic notarization rules are in the Code of Arkansas Rules and Regulations: 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 March 2024) 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]).

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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]).

Incomplete Certificate

“A notarial certificate is incomplete if:
“(A) The information within the notarial certificate is known or believed by the notary public to be false;
“(B) A notary public affixes an official signature or seal on a notarial certificate that is incomplete under subsection (a) or subsection (b) of this section;
“(C) An official signature or seal on a notarial certificate is known to be executed at a time when the principal or signer was not present; or
“(D) A signed or sealed notarial certificate is executed with the understanding that the notarial certificate will be completed or attached to a document outside of the presence of the notary public” (ACA 21-14-107[f][2]).

“Does the notary need to complete all the blanks in the notarial certificate, or can they just sign their name and let the client fill in the rest afterwards? — “The notary’s certificate should always be completed by the notary before the certificate is signed and sealed by the notary. This prevents somebody else from inserting false material into the certificate after it has left the notary’s possession” (website, “Notary Public FAQs”).

Sufficiency of Acknowledgment Certificate

On April 8, 2013, emergency legislation became law immediately upon signing by Arkansas’s Governor to remove wording “defects” in several statutory Notary certificates that had prevented many notarized documents from being recorded by county recorders or accepted into evidence by courts of law. This enactment of Arkansas House Bill 1907 (Act No. 999) repealed the corporate acknowledgment certificate in ACA 18-12-207 and the four Uniform Acknowledgment Act certificates — for an individual, for a corporation, for an attorney in fact, and for a public officer, trustee, administrator or guardian — in ACA 16-47-107. As replacements, three new acknowledgment certificates were located in ACA 16-47-107; each of these three notarial forms is intended to be used on “all deeds, conveyances, deeds of trust, mortgages, and other instruments in writing affecting or purporting to affect the title of any real estate situated in this state and … is deemed to be a valid acknowledgment and sufficient for recordation or entry into evidence under § 18-12 202” (see below).
“(1) Either the forms of acknowledgments now in use in this state or any other forms may be used in the case of all deeds and other instruments in writing for the conveyance of real or personal property which:
“(A) Specify, in the caption or otherwise, the state and county or other place where the acknowledgment is taken;
“(B) Set out the name of the person acknowledging and, in instances in which he or she acknowledges otherwise than in his or her own right, the name of the person, association, or corporation for which he or she acknowledges; and
“(C) Recite in substance or the equivalent that the execution of the instrument was acknowledged by the person so named as acknowledging, or any other form of acknowledgment provided by law.
“(2) These forms may also be used when the property is to be affected in law or equity and also in any other case in which such an acknowledgment is for any purpose required or authorized by law.
“(3) An acknowledgment in any of these forms shall be sufficient to entitle the instrument to be recorded and to be read in evidence” (ACA 18-12-202[a]; see also ACA 16-47-102[a]).

Commission Expiration Date

“(1) Every notary public shall attach to any certificate of acknowledgment or jurat to an affidavit that he or she may make a statement of the date on which his or her commission will expire.
“(2) No acknowledgment or other act of a notary public shall be held invalid on account of the failure to comply with this section” (ACA 21-14-108[a]).

Certificate Size and Margins

To be acceptable for recording, all documents and notarial certificates (except plats, surveys and instruments executed before January 1, 2004) must be on 8½-by-11-inch paper and have a 2½-inch margin at the top right of the first page and across the bottom of the last page, and a half-inch margin on the sides and bottom of all pages (ACA 14-15-402[b]; see “Recording Requirements” under “Real Estate Practices” below).

Correcting a Certificate

“What do I do if I make a mistake when notarizing a document? — “Mistakes should be corrected using an ink pen. It’s suggested that the person who made the mistake and correction line-through the mistake and initial the corrections. Don’t use white-out type products as those changes are harder to attribute to the person who made the correction” (website, “Notary Public FAQs”).

Attaching a Certificate

“If a notarial certificate is not originally part of the document, may I still notarize that document? — “Yes, you will just need to attach an acknowledgement to the document. You can do this by handwriting one (sample text can be found in the Notary Public Handbook), or using a rubber stamp that contains text for the acknowledgment where the notary then completes the proper fields by hand” (website, “Notary Public FAQs”).

Electronic Notarial Certificate

1. Definition: “‘Electronic notarial certificate’ means the portion of a notarized electronic document that:
   “(A) Is completed by the notary public;
   “(B) Bears the following of the notary public:
   “(i) Signature or official electronic seal;
   “(ii) Official title;
   “(iii) Commission number;
   “(iv) Commission expiration date; and
   “(v) All required information regarding the date and place of the electronic notarial act; and
   “(C) States the facts attested to or certified by the notary public in an electronic notarization” (ACA 21-14-302[4]).

2. Requirements: “When performing an electronic notarial act, an electronic notary public shall:
   “(1) Complete an electronic notarial certificate that shall include all information necessary in a paper based notarization under § 21-7 14-107; and
   “(2)(A) Attach his or her electronic signature and seal to the certificate in a tamper-evident manner.
   “(B) Evidence of tampering may be used as proof by the Secretary of State to determine whether the electronic notarial act is valid or invalid” (ACA 21-14-306[b]).
   “Standard notary practices still apply to electronic notarizations. Simply adding an electronic signature to a document is not a notarization. The document must include a section stating what you are doing: a certificate of affidavit, etc. Your solution provider may have options including prepared certificates to add to a document for signing” (NPH).

Remote Notarial Certificate

Indication of Remote Act: “The electronic notarial certificate for an online notarial act shall include a notation that the notarization is an online notarization” (ACA 21-14-309[d]).

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Seal Requirement

1. Notarial Acts: Required.
   “Under or near a notary public’s official signature on every notary certificate, the notary public shall provide a seal of his or her office” (ACA 21-14-107[b][1]).

2. In-Person Electronic Notarial Acts: Required.
   “When performing an electronic notarial act, an electronic notary public shall … [a]ttach his or her electronic signature and seal to the [notarial] certificate in a tamper-evident manner” (ACA 21-14-306).

3. Remote Notarial Acts: Required.
   Arkansas’s remote notarial act statutes are organized under the Arkansas Electronic Notary Public Act, and an Electronic Notary Public is a Notary who has registered to perform in-person and online notarial acts (ACA 21-14-302[6]). Thus, ACA 21-14-306 cited above is applicable to the performance of online notarial acts by an Electronic Notary Public with the exception noted immediately below.

4. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression, or seal is not required to accompany an electronic signature if the online notary public has attached a notarial certificate that meets the requirements of this chapter” (ACA 21-14-313[c][1][2]).
   “A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (ACA 14-2-303[c]).

Seal Format

1. Notarial Acts

   1. Inked Rubber Stamp or Embosser: “The notary public shall provide a seal of his or her office in blue or black ink, which shall be either a rubber stamp seal or a seal embosser. The seal shall be clear and legible and capable of photographic reproduction” (ACA 21-14-107[b][1]).

   2. Shape/Size: Not specified by law.

   3. Components: The seal should include (ACA 21-14-107[b][2]):

      1. Name of Notary (exactly as in official signature);

      2. Name of county where Notary’s bond is filed;

      3. “Notary Public”;

      4. “Arkansas”;

      5. Commission expiration date;

      6. Commission number issued by Secretary of State, if any.
         The Secretary of State began issuing commission numbers to each new and renewing Notary starting January 1, 2006 (ACA 21-14-101[h]).

   4. State Seal: “A notary seal shall not include the Seal of the State of Arkansas or an outline of the state” (ACA 21-14-107[c]).

2. In-Person Electronic Notarial Acts: Not expressly prescribed, although the following definition defines the information that must be included in the electronic seal: “'Electronic notary seal' or ‘official electronic seal’ means information within a notarized document that includes:
   “(A) The following information about the notary public:
   “(i) Name;
   “(ii) Jurisdiction of appointment;
   “(iii) Commission number; and
   “(iv) Commission expiration date; and
   “(B) Information that generally corresponds to dates in notary public seals utilized on paper documents under § 21-14-107 (ACA 21-14-302[5]).

3. Remote Notarial Acts: The same definition cited immediately above with respect to the format of an electronic Notary seal applies to Notaries Public who perform remote notarial acts.

Examples

The below typical, actual-size examples of official traditional Notary and Electronic Notary seals (shaded) which are allowed by Arkansas law. Formats other than these may also be permitted.

Open

(Traditional Seals)

Open

(Electronic Seal)

Illegible Seal

“What if I smear my seal while notarizing a document? — “If there’s room, simply make a clear impression nearby the smeared one. If there is not room, you’ll need to draw up a separate acknowledgement statement with the same wording as the original document and includes the signer’s signature again. Make a notation on the original document that the completed acknowledgement is attached” (website, “Notary Public FAQs”).

Lost or Stolen Seal

“What do I do if I lose my seal or it’s stolen? — ”If a notary’s seal is lost or stolen, they need to contact the Secretary of State’s Office in writing explaining the situation. The Secretary of State’s Office will make a notation in their record and also issue the notary a new commission number. A stamp with the new commission number should be purchased and used from that point forward” (website, “Notary Public FAQs”).

Ownership and Security of Seal

“The seal and certificate of the notary public commission are the exclusive property of the notary public and must be kept in the exclusive control of the notary public” (ACA 21-14-107[d]).

Surrendering of Seal

“The seal and certificate of the notary public commission shall not be surrendered to an employer upon termination of employment, regardless of whether or not the employer paid for the seal or for the commission” (ACA 21-14-107[e]).

Disposition of Seal

1. Resignation: “The resigning notary public shall destroy his or her official seal immediately upon resignation” (ACA 21-14-203[b][2]).

2. Revocation: After a Notary Public receives notice from the Secretary of State that the Notary’s commission has been revoked the Notary must immediately send or have delivered to the Secretary of State the Notary’s official seal (ACA 21-14-112[c]).

Signature of Notary

1. Ink Color: “At the time of notarization, the notary public shall sign his or her official signature in blue or black ink on every notary certificate” (ACA 21-14-107[a][1].

2. Official Signature: “The official signature is the signature on file with the Secretary of State at the time of signing” (ACA 21-14-107[a][2]; see also ACA 16-47-105 and 18-12-205[c]).

Facsimile Signature and Seal

1. Definitions

   1. Facsimile Signature: “‘Facsimile signature’ means the reproduction by engraving, imprinting, stamping or other means of a manual signature of a notary public” (ACA 21-14-201[3]).

   2. Facsimile Seal: “‘Facsimile seal’ means the reproduction by engraving, imprinting, stamping, or other means of the seal of office of a notary public, containing the information described in 21-14-107(b)(2)” (ACA 21-14-201[2]).

   3. Commercial Document: “'Commercial document' means any instrument, certificate, report, billing, affidavit, or other document which is required to bear a notary certificate by the terms of a purchase order, contract, bid specification, construction standard, testing standard, or other commercial standard, specification, or practice” (ACA 21-14-201[3][A]).
      Commercial document does “not include any deed or other instrument in writing for the conveyance of any real estate or by which any real estate may be affected in law or equity” (ACA 21-14-201[3][B]).

2. Filing Requirement: “Any notary public may affix a notary certificate bearing the notary’s facsimile signature and facsimile seal in lieu of the notary’s public’s manual signature and rubber or embossed seal in blue or black ink on a commercial document, after filing with the Secretary of State:
   “(1) The notary public’s manual signature certified by the notary public under oath;
   “(2) A general description of the types of commercial documents to be notarized by facsimile signature and seal;
   “(3) The name and manual signature of any other person or persons signing the commercial document by manual or facsimile signature; and
   “(4) The written consent of any other person or persons signing the commercial documents to the use of the notary public’s facsimile signature and facsimile seal on the commercial documents” (ACA 21-14-202).
   For filing with the state, a “Registration of Facsimile Signature & Seal of Notary Public” form is available on the Secretary of State’s website (website, “Registration of Facsimile Signature & Seal of Notary Public”).

3. Duties: “A notary public shall have the same duties when affixing a notary certificate with the notary public’s facsimile signature and facsimile seal on a commercial document as when signing a notary certificate with the notary public’s manual signature and rubber or embossed seal, and nothing in this subchapter shall remove any duty or responsibility imposed on a notary public by law, except as specifically provided in this subchapter” (ACA 21-14-204).

4. Effect: “Notary certificates which are signed by facsimile signature and sealed by facsimile seal under the provisions of this subchapter shall have the same force and effect as notary certificates signed by manual signature and bearing a rubber or embossed seal for all purposes” (ACA 21-14-205).

5. Public Official’s Signature: A similar Arkansas law (ACA 21-10-101 and 21-10-102) allows an Arkansas public official to use a facsimile signature in lieu of his or her manual signature on any public security or instrument of payment.

Electronic Notary Signature

1. Definition: “‘Notary public electronic signature’ means the forms of electronic signatures that have been approved by the Secretary of State as an acceptable means for an electronic notary to affix his or her official signature to an electronic record that is being notarized” (ACA 21-14-302[9]).

2. Standards

   1. Reliability: “The electronic signature of an electronic notary public is reliable if the electronic seal is:
      “(1) Unique to the electronic notary public;
      “(2) Capable of independent verification;
      “(3) Retained under the sole control of the electronic notary public; and
      “(4) Attached to or associated with the electronic document in a tamper-evident manner” (ACA 21-14-306[c]).

   2. Exclusive Use: “The electronic signature of an electronic notary public in combination with the electronic notary seal shall be used only for the purpose of performing an electronic notarial act” (ACA 21-14-306[d]).

   3. Security Access: “The electronic notary public shall not disclose access information used to affix the electronic signature of the electronic notary public except when requested by:
      “(A) Law enforcement;
      “(B) The courts; or
      “(C) An electronic document preparation and transmission vendor” (ACA 21-14-306[d][2]).
      Security of access information includes, without limitation, passwords, token devices, biometrics, personal identification numbers and phrases, which remain under the sole control of the electronic Notary (ACA 14-21-306[d][3]).

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Records Requirement

1. Journal

   1. Notarial Acts: Not required.

   2. In-Person Electronic Notarial Acts: Not required.

   3. Remote Notarial Acts: Required.
      “An electronic notary public performing an online notarial act shall keep a secure electronic record of electronic documents notarized” (ACA 21-14-310[a][1]).
      Note: The statute does not use the term “journal” to describe this “record” of remote notarial acts, but the information required to be included in this “record” (see “Content of Record of Remote Notarial Acts,” below) is similar to the information recorded in a Notary Public journal.

2. Recording of Remote Notarial Acts: Required.
   “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 … [c]reates an audio-visual recording of the performance of the online notarial act or designates an individual to do this on behalf of the online notary public” (ACA 21-14-309[a][2][C]).
   ““The electronic record shall contain for each online notarial act … [a] recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence [and] … [an] audio and video copy of the performance of the notarial act” (ACA 21-14-310[a][1][F], [G]).

Content of Record of Remote Notarial Acts

“The electronic record shall contain for each online notarial act:
“(A) The date and time of the online notarial act;
“(B) The type of online notarial act;
“(C) The type, the title, or a description of the electronic document or proceeding;
“(D) The printed name and address of each principal involved in the transaction or proceeding;
“(E) Evidence of identity of each principal involved in the transaction or proceeding in the form of:
“(i) A statement that the person is personally known to the online notary public;
“(ii) A notation of the type of identification document provided to the online notary public;
“(iii) A record of the identity verification made under § 21-14-309, if applicable; or
“(iv) The following:
“(a) The printed name and address of each credible witness swearing to or affirming the person’s identity; and
“(b) For each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public;
“(F) A recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence;
“(G) An audio and video copy of the performance of the notarial act; and
“(H) The fee, if any, charged for the notarization” (ACA 21-14-310[a][2]).

Journal Recommendation

“The law does not require a notary to keep any record of his or her official acts, but it is recommended that each notary keep a register or journal” (NPH).

“A register or journal offers an excellent way of recalling past notarial acts. If a notary is called upon to testify in court, a register or journal may help establish what actually took place. The notary’s records and official papers are admissible as evidence in all Arkansas courts” (NPH).

Recommended Entries

The “Arkansas Notary Public Handbook” suggests that, for each notarial act performed, the Notary should record the following information in the register:

1. Date of notarial act;

2. Type of act performed;

3. Type of document involved;

4. Name and address of each person whose signature was notarized;

5. Signature of each person whose signature was notarized;

6. Any personal annotations in a “notes” section;

7. An itemized list of fees collected.

Records as Evidence

“All declarations and protests made and acknowledgments taken by a notary public and certified copies of the notary public’s records and official papers shall be received as evidence of the facts therein stated in all the courts of this state” (ACA 21-14-110).

Property of Notary

“I just gave notice at my job, and my supervisor instructed me to turn in my notary journal on my last
day of work. Is this required? — ”No, all documents and equipment for your notary public commission are your property and should not be surrendered to an employer upon termination of employment” (website, “Notary Public FAQs”).

Disposition of Journal

Revocation: After a Notary Public receives notice from the Secretary of State that the Notary’s commission has been revoked, the Notary must immediately send or have delivered to the Secretary of State the Notary’s journal of notarial acts amd all other papers and copies relating to such notary’s notarial acts (ACA 21-14-112[c]).

Backup of Electronic Record of Online Notarizations

“A notary public shall take reasonable steps to … [m]aintain a backup for the electronic record required by subsection (a) of [ACA 21-14-310]; and … [p]rotect the backup record from unauthorized use” (ACA 21-14-310[b][2]-[3]).

Retention of Electronic Record of Online Notarizations

“The electronic record required by subsection (a) of [ACA 21-14-310] shall be maintained for at least five (5) years after the date of the transaction or proceeding” (ACA 21-14-310[c]).

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Reasonable Fee Allowed

1. Notarial Acts: “A notary public authorized to perform notarial acts in this state may charge and collect a fee for a notarial act if the fee:
   “(1) Is a reasonable amount as determined by the notary public; and
   “(2) The fee is disclosed to and agreed upon by the client or principal before executing the notarial act” (ACA 21-6-309[a]).

2. In-Person Electronic and Remote Notarial Acts: “An electronic notary public may charge and collect fees that are:
   “(1) Reasonably established by the electronic notary public; and
   “(2) Disclosed and agreed upon by the client and principal before the electronic notarial act occurs (ACA 14-21-308[a]).

Overcharging

1. Fine: Overcharging by a Notary or Electronic Notary is punishable by a fine of no less than $100 for each offense (ACA 21-6-309[b] and 21-14-308[b]).

2. Commission Denial or Revocation: Overcharging also may be cause for the Secretary of State’s revocation or denial of a Notary Public commission (ACA 21-14-112[a][6]).

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Notary Signing Agents

Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Arkansas.

Recording Requirements

“(b)(1) To be accepted by the county recorder for recording purposes, all documents shall:
“(A) Be on eight and one-half by eleven inch (8½”x11”) paper;
“(B) Have a two and one-half inch (2.5”) margin at the right top of the first page, one-half inch (0.5”) margin on the sides and bottoms of all pages, and a two and one-half inch (2.5”) margin at the bottom of the last page;
“(C) Have an area reserved on the top right of the first page for the file mark of the recorder;
“(D) Contain the following information:
“(i) The title of the document; and
“(ii) The name of the grantor and grantee, when applicable;
“(E) Be acknowledged or otherwise executed as permitted by § 16-47-107 or § 18-12-208; and
“(F) Be legible.
“(2)(A) The county recorder shall have the discretion to waive the requirements of subdivision (b)(1) of this section for:
“(i) Good cause; and
“(ii) Any document that complies with the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq.
“(B) All documents and instruments executed before January 1, 2004, shall be exempt from the requirements of subdivision (b)(1) of this section.
“(C) All surveys and plats shall be exempt from the requirements of subdivision (b)(1) of this section.
“(3) A county recorder shall not refuse to record a document that has been executed in a manner permitted by § 16-47-107 or § 18-12-208” (ACA 14-15-402[b]).

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Acknowledgments in Arkansas

1. Authorized Officers: “The acknowledgment of any instrument may be made in this state before:
   “(1) A judge of a court of record or before any former judge of a court of record who served at least four (4) or more years;
   “(2) A clerk of any court of record;
   “(3) A commissioner or registrar or recorder of deeds;
   “(4) A notary public;
   “(5) A justice of the peace; or
   “(6) A master in chancery or registrar in chancery” (ACA 16-47-202).

2. No Authentication Required: “If the acknowledgment is taken within this state … by one (1) of the officers designated in § 16-47-203 … no authentication shall be necessary” (ACA 16-47-209[a]).

Acknowledgments in U.S. State or Jurisdiction

1. Authorized Officers: “The acknowledgment of any instrument may be without the state but within the United States or a territory or insular possession of the United States and within the jurisdiction of the officer, before:
   “(1) A clerk or deputy clerk of any federal court;
   “(2) A clerk or deputy clerk of any court of record of any state or other jurisdiction;
   “(3) A notary public;
   “(4) A commissioner of deeds;
   “(5) Any person authorized by the laws of such other jurisdiction to take acknowledgments” (ACA 16-47-203)

2. No Authentication Required: “If the acknowledgment … is made without this state but in the United States … no authentication shall be necessary” (ACA 16-47-209[a]).

3. Legal Effect: “Notwithstanding any provision in this act contained, the acknowledgment of any instrument without this state in compliance with the manner and form prescribed by the laws of the place of its execution, if in a state, a territory or insular possession of the United States, or in the District of Columbia, or in the Philippine Islands, verified by the official seal of the officer before whom it is acknowledged, shall have the same effect as an acknowledgment in the manner and form prescribed by the laws of this state for instruments executed within the state” (ACA 16-47-210).

Acknowledgments outside of the United States

1. Authorized Officers: “The acknowledgment of any instrument may be made without the United States before:
   “(1) An ambassador, minister, charge d'affaires, counselor to or secretary of a legation, consul general, consul, vice-consul, commercial attache, or consular agent of the United States accredited to the country where the acknowledgment is made.
   “(2) A notary public of the country where the acknowledgment is made.
   “(3) A judge or clerk of a court of record of the country where the acknowledgment is made” (ACA 16-47-204).

2. No Authentication for U.S. Officers Required: “If the acknowledgment is taken … without the United States by an officer of the United States, no authentication shall be necessary” (ACA 16-47-209[a]).

3. Authentication for Foreign Officers Required: “If the acknowledgment is made without the United States and by a notary public or a judge or clerk of a court of record of the country where the acknowledgment is made, the certificate shall be authenticated by a certificate under the great seal of state of the country, affixed by the custodian of such seal, or by a certificate of a diplomatic, consular, or commercial officer of the United States accredited to that country, certifying as to the official character of such officer” (ACA 16-47-209[b]).

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Secretary of State

Authenticating certificates for notarized documents, both “certifications” and apostilles, are issued only by the Arkansas Secretary of State’s office (website, “Apostille/Certification”).

A brochure published by the Arkansas Secretary of State, “All About Apostilles & Certifications in the State of Arkansas” (A&C), contains useful information about the state’s program for authenticating documents to be used in foreign nations and is available on the Secretary’s website.

1. Address
   Office of Secretary of State
   Business and Commercial Services
   1401 West Capitol Ave., Suite 250
   Little Rock, AR 72201

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

3. Procedure

   1. In-Person and Mail Requests: Persons requesting an authentication should mail or present in person the original notarized document, a completed “Apostille/Certificate of Authentication Request Form” (available on the website), and the relevant fee.

   2. Originals or Certified Copies: “Documents should be originals, certified copies, or true and perfect copies [that have been] authenticated by the notary. A notary may not certify a photocopy of a document that is a vital record or a public record.” Notarized documents will not be authenticated if they “do not contain an accurate and complete notarization by an Arkansas Notary Public” (A&C).

   3. Fee: $10 per document for an apostille, $5 per document for a certification (for documents that will be sent to a nation that is not eligible for an apostille). Fees may be paid by check, cash, credit or debit card, or money order. Checks and money orders should be made payable to the “Arkansas Secretary of State.” A 4% convenience fee will be added to all credit- and debit-card transactions (website, “Apostille/Certification”).

   4. Shipping: For standard authentications, no stamped, self-addressed envelope need be included with the materials; the document(s) will be returned by regular mail. If priority or express return (DHL, UPS or FedEx) is requested, a prepaid, pre-addressed envelope is required (A&C).

   5. Processing Time: The turnaround time on most requests is 24 to 48 hours (A&C).

Non-English Documents

“Before an Apostille or Certification will be issued for a document submitted in a foreign language, the document must first be translated into English…. A notary public must witness the signature of the translator by affixing to the translator’s affidavit a completed acknowledgment in addition to their notary signature and seal exactly as it is recorded with the Arkansas Secretary of State” (A&C). For a sample translator’s declaration, see “Certificate of Notarial Act,” above.

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