AR-Notary Notary Bond Requirements and Notary Liability Flashcards
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An Arkansas notary is asked by his employer to notarize a signature the employer verbally vouches for, without the signer present. If he refuses, what protection does Arkansas law effectively give him?
Answer: Refusing an unlawful notarization is proper, and the employer cannot lawfully compel misconduct
A notary's official duties belong to the notary personally, and no employer can lawfully require a notary to violate them.
Which party issues the surety bond that an Arkansas notary applicant must obtain?
Answer: A surety or insurance company authorized to do business in Arkansas
Notary bonds are underwritten by licensed surety or insurance companies, not by government offices.
A title company suffers a loss from a notary's misconduct and recovers the full bond amount. The notary later applies to renew her commission. What must happen with her bonding?
Answer: She must have full bond coverage in place again to be commissioned
A valid bond in the full statutory amount is required for any commission, regardless of prior claims paid.
How does a notary's liability compare when notarizing for free versus charging a fee in Arkansas?
Answer: Liability is the same; waiving the fee does not reduce the duty of care
The standard of care and liability for official misconduct apply equally whether or not the notary charges a fee.
A notary discovers his surety bond was cancelled by the company mid-term. What should he do before performing further notarizations?
Answer: Obtain replacement coverage immediately so the bonding requirement stays satisfied
Because continuous bond coverage is a condition of serving, a notary must replace a cancelled bond before continuing to notarize.
In a lawsuit over a botched notarization, which fact would most strongly support the notary's defense?
Answer: A journal entry showing the signer appeared in person and presented valid photo identification
Documented proof of personal appearance and proper identification directly rebuts the core allegations in most notary liability claims.
A claimant's damages from a notary's misconduct total $6,000, and the notary carries the $7,500 bond plus a separate $25,000 E&O policy. How are the claimant and notary most likely made whole?
Answer: The bond or E&O pays the claimant, and the E&O policy can protect the notary from personally repaying the loss
Coverage can compensate the claimant while the notary's own E&O policy shields the notary from bearing the loss personally.