AR Notary AR-Notary Prohibited Acts and Conflicts of Interest 5

Question 1

An Arkansas notary is named as attorney-in-fact in a power of attorney and later asked to notarize a document signing as that attorney-in-fact. The notary:

Accepted Answer

Cannot notarize their own signature under any circumstances

Answer

May do so if the principal consents

Answer

May do so with two witnesses

Answer

May do so if no fee is charged

Question 2

During a will signing, the testator asks the Arkansas notary whether the will 'covers everything.' The notary should:

Accepted Answer

Decline to interpret the document and refer the testator to an attorney

Answer

Read the will and summarize it

Answer

Confirm it covers everything if it looks complete

Answer

Add a clause to be safe

Question 3

A regular customer becomes angry when an Arkansas notary refuses to notarize for his absent wife. The notary's refusal is:

Accepted Answer

Correct, because personal appearance is mandatory regardless of the relationship

Answer

Wrong, because established customers are exempt

Answer

Wrong, if the husband signs an affidavit

Answer

Correct only if the document is a deed

Question 4

Which scenario does NOT disqualify an Arkansas notary from performing a notarization?

Accepted Answer

The notary receives only the standard notarial fee for the act

Answer

The notary is a co-borrower on the loan being notarized

Answer

The notary is the grantee on the deed

Answer

The notary earns a percentage of the sale being documented

Question 5

An Arkansas notary discovers a coworker photocopied the notary's seal to 'notarize' a document while the notary was on vacation. The notary should:

Accepted Answer

Report the misuse to the Secretary of State and appropriate authorities

Answer

Ignore it since the notary did not do it personally

Answer

Quietly destroy the document

Answer

Re-notarize the document to make it valid

Question 6

A signer with obvious signs of severe intoxication asks an Arkansas notary to notarize a contract. The notary should:

Accepted Answer

Refuse because the signer may lack awareness of what he is signing

Answer

Proceed since competence is the courts' problem

Answer

Notarize with a witness present

Answer

Notarize but charge double

Question 7

An Arkansas notary's employer instructs her to notarize all customer documents even when customers do not appear, threatening termination if she refuses. The notary should:

Accepted Answer

Refuse, because the notary is personally liable and the commission belongs to the notary, not the employer

Answer

Comply, because the employer paid for the commission

Answer

Comply but keep a private log of violations

Answer

Ask the employer to sign a liability waiver