AR Notary AR-Notary Prohibited Acts and Conflicts of Interest 3 — Questions and Answers
Question 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?
- Yes, because an acknowledgment does not require signing in the notary's presence (Correct answer)
- No, all documents must be signed in front of the notary
- Yes, but only if a witness verifies the signature
- No, unless the document is re-signed
Correct 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.
Question 2: Which of the following is a prohibited act for an Arkansas notary?
- Notarizing a signature without the signer personally appearing (Correct answer)
- Notarizing on a Sunday
- Notarizing for a family friend
- Notarizing a document sent by the signer's attorney
Correct 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.
Question 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:
- Refuse because the signer is not personally appearing (Correct answer)
- Comply since the employer vouches for the signature
- Notarize it and note the circumstances in the certificate
- Call the customer by phone to confirm
Correct 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.
Question 4: An Arkansas notary who advertises notarial services in Spanish must avoid which term because it implies attorney status?
- Notario publico (Correct answer)
- Notary public
- Servicios de notarizacion
- Firma certificada
Correct answer: Notario publico
In many Spanish-speaking countries 'notario publico' means a licensed attorney, so using it misleads the public.
Question 5: A document presented to an Arkansas notary has blank spaces where key terms should appear. The best course of action is to:
- Ask the signer to complete or strike through the blanks before notarizing (Correct answer)
- Notarize it and let the parties fill in blanks later
- Fill in the blanks for the signer
- Notarize only the signature page
Correct 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.
Question 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:
- Refuse to notarize because the signer does not appear to be acting willingly (Correct answer)
- Proceed since identity is confirmed
- Notarize but write 'under protest' in the certificate
- Ask the relative to confirm consent
Correct 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.
Question 7: Which fee practice is prohibited for an Arkansas notary?
- Charging more than the maximum fee allowed by law for a notarial act (Correct answer)
- Charging nothing for a notarization
- Charging the statutory fee and giving a receipt
- Waiving fees for coworkers
Correct 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.
AR Notary AR-Notary Prohibited Acts and Conflicts of Interest 3
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?