AR Notary AR Notary Oaths, Affirmations, and Jurats 2 — Questions and Answers
Question 1: Why might a signer choose an affirmation instead of an oath when appearing before an Arkansas notary?
- Religious beliefs or personal conscientious objections to swearing (Correct answer)
- To avoid paying the notary fee
- Because the document is a real estate deed
- To speed up the notarization process
Correct answer: Religious beliefs or personal conscientious objections to swearing
Arkansas law allows signers to affirm instead of swear when they have religious or conscientious objections to taking an oath.
Question 2: What is the notary required to do when administering an oath or affirmation in Arkansas?
- Verbally deliver the oath or affirmation wording to the signer (Correct answer)
- Sign the document before the signer does
- Record the session on video
- File a report with the Secretary of State
Correct answer: Verbally deliver the oath or affirmation wording to the signer
The notary must actually speak the oath or affirmation aloud to the signer, who must respond affirmatively.
Question 3: Where must the signer be located when an Arkansas notary administers an oath under traditional (non-remote) rules?
- In the same physical location as the notary (Correct answer)
- In the same county as the notary's commission
- Anywhere in the state of Arkansas
- Anywhere in the United States
Correct answer: In the same physical location as the notary
Traditional notarization requires the signer to be physically present in the same location as the notary.
Question 4: What is the potential criminal consequence for making a materially false statement under oath before an Arkansas notary?
- Perjury, a felony under Arkansas law (Correct answer)
- A civil fine only, no criminal charges
- Contempt of court
- Loss of voting rights permanently
Correct answer: Perjury, a felony under Arkansas law
Making a materially false statement under oath constitutes perjury, which is a felony in Arkansas.
Question 5: May an Arkansas notary refuse to administer an oath to a person?
- Yes, if the notary has a conflict of interest or the act would be improper (Correct answer)
- No, a notary must administer any oath requested by any person
- Yes, but only during business hours
- No, refusal is grounds for immediate commission revocation
Correct answer: Yes, if the notary has a conflict of interest or the act would be improper
A notary may refuse a notarial act when a conflict of interest exists or when the act would be improper under Arkansas law.
Question 6: Which of the following is a correct statement about administering an oath for a deposition in Arkansas?
- A notary may administer the oath to a witness before the witness gives testimony (Correct answer)
- Only a court reporter is authorized to administer deposition oaths
- The oath must be administered in a courthouse
- Deposition oaths require approval from a judge
Correct answer: A notary may administer the oath to a witness before the witness gives testimony
Arkansas notaries are authorized to administer oaths to witnesses in depositions just as they would for any other sworn statement.
AR Notary AR Notary Oaths, Affirmations, and Jurats 2
Why might a signer choose an affirmation instead of an oath when appearing before an Arkansas notary?