AR-Notary Prohibited Acts and Conflicts of Interest Flashcards
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An Arkansas notary is named as attorney-in-fact in a power of attorney and later asked to notarize a document signing as that attorney-in-fact. The notary:
Answer: Cannot notarize their own signature under any circumstances
A notary can never notarize his or her own signature, including signatures made in a representative capacity.
During a will signing, the testator asks the Arkansas notary whether the will 'covers everything.' The notary should:
Answer: Decline to interpret the document and refer the testator to an attorney
Interpreting the legal effect of a document is legal advice a non-attorney notary may not provide.
A regular customer becomes angry when an Arkansas notary refuses to notarize for his absent wife. The notary's refusal is:
Answer: Correct, because personal appearance is mandatory regardless of the relationship
No customer relationship or family authorization overrides the requirement that the signer personally appear.
Which scenario does NOT disqualify an Arkansas notary from performing a notarization?
Answer: The notary receives only the standard notarial fee for the act
The lawful notarial fee itself is never considered a disqualifying financial interest.
An Arkansas notary discovers a coworker photocopied the notary's seal to 'notarize' a document while the notary was on vacation. The notary should:
Answer: Report the misuse to the Secretary of State and appropriate authorities
Unauthorized use of a notary's seal is fraud that must be reported, and the notary must safeguard the seal from misuse.
A signer with obvious signs of severe intoxication asks an Arkansas notary to notarize a contract. The notary should:
Answer: Refuse because the signer may lack awareness of what he is signing
A notary should decline when the signer does not appear to understand the nature of the document being signed.
An Arkansas notary's employer instructs her to notarize all customer documents even when customers do not appear, threatening termination if she refuses. The notary should:
Answer: Refuse, because the notary is personally liable and the commission belongs to the notary, not the employer
The notary is a public officer personally accountable for every act, and employer demands never excuse unlawful notarizations.