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AR-Notary Prohibited Acts and Conflicts of Interest Flashcards

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  1. A signer presents a document with the signature already on it and asks an Arkansas notary to take an acknowledgment. The signer is present and identified. May the notary proceed?

    Answer: Yes, because an acknowledgment does not require signing in the notary's presence

    For an acknowledgment the signer must personally appear and acknowledge the signature, but need not sign in the notary's presence.

  2. Which of the following is a prohibited act for an Arkansas notary?

    Answer: Notarizing a signature without the signer personally appearing

    Personal appearance of the signer at the time of notarization is always required; skipping it is a serious violation.

  3. An employer asks an Arkansas notary employee to notarize a customer's signature on a form the customer signed at home yesterday, and the customer will not return. The notary should:

    Answer: Refuse because the signer is not personally appearing

    An employer cannot override the personal appearance requirement, and a phone call does not satisfy it.

  4. An Arkansas notary who advertises notarial services in Spanish must avoid which term because it implies attorney status?

    Answer: Notario publico

    In many Spanish-speaking countries 'notario publico' means a licensed attorney, so using it misleads the public.

  5. A document presented to an Arkansas notary has blank spaces where key terms should appear. The best course of action is to:

    Answer: Ask the signer to complete or strike through the blanks before notarizing

    Notarizing incomplete documents invites fraud; blanks should be completed or lined through first.

  6. An Arkansas notary suspects the signer is being pressured by a relative to sign a power of attorney against her will. The notary should:

    Answer: Refuse to notarize because the signer does not appear to be acting willingly

    A notary must be satisfied the signer is acting freely and willingly; apparent coercion is grounds for refusal.

  7. Which fee practice is prohibited for an Arkansas notary?

    Answer: Charging more than the maximum fee allowed by law for a notarial act

    Notaries may charge up to the statutory maximum or nothing at all, but never more than the legal limit.