AR Notary AR-Notary Official Seal and Stamping Device Requirements 3 — Questions and Answers
Question 1: An Arkansas notary's coworker asks to borrow the notary's stamp to "finish some paperwork." What should the notary do?
- Refuse, because the seal may be used only by the notary (Correct answer)
- Lend it if the coworker signs a receipt
- Lend it only for company documents
- Ask the office manager for permission first
Correct answer: Refuse, because the seal may be used only by the notary
The official seal is for the exclusive use of the commissioned notary and must never be used by anyone else.
Question 2: An Arkansas notary discovers their official stamp is missing from a locked desk drawer. What is the appropriate action?
- Promptly notify the Secretary of State that the seal was lost or stolen (Correct answer)
- Wait thirty days to see if it turns up
- Simply order a duplicate and continue notarizing
- Report it only to the local police and do nothing else
Correct answer: Promptly notify the Secretary of State that the seal was lost or stolen
A lost or stolen seal should be reported promptly to the Secretary of State so misuse can be flagged.
Question 3: When an Arkansas notary's commission expires and is not renewed, what should be done with the stamping device?
- Destroy or deface it so it cannot be misused (Correct answer)
- Sell it to another notary
- Return it to the seal manufacturer for resale
- Keep it as-is in case of future recommissioning
Correct answer: Destroy or deface it so it cannot be misused
Upon expiration or resignation, the notary should destroy or render the seal unusable to prevent fraudulent use.
Question 4: An employer who paid for a notary employee's seal claims the seal when the employee quits. Who rightfully controls the seal?
- The notary, because the seal belongs exclusively to the commissioned individual (Correct answer)
- The employer, because it paid for the device
- The Secretary of State, who repossesses all seals
- The county clerk of the notary's county
Correct answer: The notary, because the seal belongs exclusively to the commissioned individual
Regardless of who paid for it, the official seal is the exclusive property of the notary and cannot be kept by an employer.
Question 5: Where should an Arkansas notary keep the official seal when it is not in use?
- In a secure location under the notary's direct and exclusive control (Correct answer)
- In the office supply cabinet shared by staff
- With the receptionist for convenience
- Mailed to the Secretary of State between uses
Correct answer: In a secure location under the notary's direct and exclusive control
The notary must keep the seal secure and under sole control to prevent unauthorized use.
Question 6: A signer offers extra money if the notary will stamp several blank forms to be filled in later. The notary should:
- Refuse, because affixing the seal to blank or incomplete documents is prohibited (Correct answer)
- Agree if the signer is a longtime client
- Stamp the forms but keep photocopies
- Stamp only two of the forms as a compromise
Correct answer: Refuse, because affixing the seal to blank or incomplete documents is prohibited
A notary may never affix the official seal to a blank or incomplete document, regardless of payment or trust.
Question 7: Which scenario describes a misuse of the Arkansas notary seal?
- Stamping a personal letter to make it look official without performing a notarial act (Correct answer)
- Affixing the seal next to a completed acknowledgment certificate
- Applying the seal to a jurat after administering an oath
- Placing a legible impression near the notary's signature on a certificate
Correct answer: Stamping a personal letter to make it look official without performing a notarial act
The seal may be used only in connection with an actual notarial act, never to lend false officialness to other papers.
An Arkansas notary's coworker asks to borrow the notary's stamp to "finish some paperwork." What should the notary do?