AR-Notary Prohibited Acts and Conflicts of Interest Flashcards

Under Arkansas law, a notary public is prohibited from notarizing a document in which the notary is:

Answer: A named party to the transaction

Arkansas notaries may not notarize documents to which they are a party or in which they have a direct financial or beneficial interest.

An Arkansas notary is asked to notarize a deed that grants property to the notary's own name. What must the notary do?

Answer: Refuse to perform the notarization

A notary who is a grantee or beneficiary of a document has a disqualifying interest and must decline.

Which act is an Arkansas notary NOT authorized to perform?

Answer: Preparing legal documents for others as a non-attorney

Preparing legal documents or giving legal advice as a non-attorney constitutes the unauthorized practice of law.

A signer asks an Arkansas notary, 'Which type of deed should I use?' The notary should:

Answer: Decline to answer and suggest consulting an attorney

Advising which document to use is legal advice, which non-attorney notaries may not give.

An Arkansas notary may lawfully refuse to notarize a document when:

Answer: The signer cannot be satisfactorily identified

A notary must refuse when identity cannot be verified, but may not refuse for discriminatory or arbitrary reasons.

Which situation creates a disqualifying conflict of interest for an Arkansas notary?

Answer: The notary will receive a commission from the transaction being notarized

A direct financial benefit from the transaction, beyond the notarial fee, disqualifies the notary.

An Arkansas notary who is a shareholder of a corporation is generally permitted to notarize corporate documents if:

Answer: The notary is not individually a party and gains no direct benefit from the document

Employees or shareholders may notarize for their company as long as they are not personally a party and receive no direct benefit from the specific document.