Notarial Acts and Procedures Flashcards

An Arkansas notary is asked to notarize a will. What is the most appropriate response?

Answer: Proceed with caution only if the will contains proper notarial wording, and never advise on the will's preparation

Notaries may perform acts on wills only when proper certificate wording is provided, such as for a self-proving affidavit, and must never draft or advise on the will itself.

A remote online notarization (RON) in Arkansas requires which of the following?

Answer: The notary must use approved communication technology and identity-proofing processes authorized under Arkansas law

Arkansas authorizes remote online notarization using approved audio-visual technology and identity-proofing methods for commissioned online notaries.

A signer presents an Arkansas notary with a faxed copy of a document bearing an original ink signature applied to the fax. Can this be notarized?

Answer: Yes, if the signature on the presented document is original and all other requirements are met

What matters is that the signature being notarized is original on the paper presented and the signer personally appears; the underlying document may be a reproduction.

While performing an acknowledgment, the Arkansas notary notices the signer's name on the ID reads 'Robert J. Smith' but the document reads 'Robert James Smith III.' What is the prudent approach?

Answer: Determine whether the ID reasonably supports the document name, and decline or request additional evidence if identity cannot be confirmed

Minor name variations require the notary to judge whether the identification reasonably proves the signer is the person named, seeking more evidence when in doubt.

An employer directs an Arkansas notary-employee to notarize documents for co-workers who are not present. The notary should:

Answer: Refuse, since the duty to require personal appearance overrides employer instructions

A notary commission belongs to the individual, and no employer may compel a notary to violate the personal appearance requirement.

Which scenario describes a proper verification upon oath or affirmation (jurat) in Arkansas?

Answer: The signer appears, is identified, signs the affidavit in front of the notary, and verbally swears the contents are true

A jurat requires personal appearance, identification, signing in the notary's presence, and an oral oath or affirmation.

After completing a notarization, the Arkansas notary realizes the signer took the document before the notary applied the official seal. What should the notary do?

Answer: Contact the signer to return with the document so the seal can be properly applied to the certificate

The official seal must be applied directly to the notarial certificate, so the document must be returned; loose seals invite fraud and are improper.