Legal and Ethical Responsibilities Flashcards
7 cards from real AR NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal and Ethical Responsibilities flashcards as text
In Arkansas, what is the primary purpose of the $7,500 surety bond a notary must file?
Answer: To protect the public by providing funds to compensate persons harmed by the notary's misconduct
The bond exists to compensate members of the public injured by a notary's official misconduct, not to protect the notary.
After a claim is paid from an Arkansas notary's surety bond, what obligation does the notary have to the surety company?
Answer: To reimburse the surety for the amount it paid on the claim
A surety bond is not insurance for the notary, so the surety may recover from the notary any amount paid out.
A woman asks a notary to notarize her husband's signature on a car title, explaining he already signed it at home. The notary should do what?
Answer: Refuse, because the husband did not personally appear and acknowledge his signature
The person whose signature is notarized must personally appear before the notary; a spouse cannot appear on their behalf.
Which practice best protects an Arkansas notary against later accusations of misconduct?
Answer: Keeping a detailed record or journal of each notarial act performed
A journal entry made at the time of the act is the notary's strongest evidence that proper procedures were followed.
An Arkansas notary suspects a document presented for notarization will be used to defraud an elderly relative of the signer. The signer is competent, willing, and properly identified. What may the notary do?
Answer: Refuse to notarize if there is a reasonable belief the transaction is fraudulent or unlawful
A notary may refuse service upon a reasonable belief that the notarization will facilitate a fraudulent or unlawful transaction.
Who owns an Arkansas notary's official seal and commission, and what follows from that?
Answer: The notary personally, so the notary keeps them when leaving an employer even if the employer paid for them
The commission and seal belong to the notary as an individual public officer, though an employer may seek reimbursement of costs it paid.
A notary certificate on a document presented to an Arkansas notary states facts the notary knows are untrue for this signing. What is the notary's obligation?
Answer: Refuse to complete or sign a certificate containing statements the notary knows to be false
A notary may never execute a certificate that contains false statements, and should correct the wording or decline.