AR Notary Legal and Ethical Responsibilities 2 — Questions and Answers
Question 1: An Arkansas notary is asked to notarize a deed in which the notary is named as the grantee. What must the notary do?
- Refuse, because the notary has a beneficial interest in the document (Correct answer)
- Proceed, but note the interest in the certificate
- Proceed if a coworker witnesses the act
- Charge a reduced fee to offset the conflict
Correct answer: Refuse, because the notary has a beneficial interest in the document
Arkansas law prohibits a notary from notarizing a document in which the notary is a party or has a direct beneficial interest.
Question 2: Under Arkansas law, what is the maximum fee a notary public may charge for a single notarial act?
- $5.00 (Correct answer)
- $2.00
- $10.00
- There is no statutory limit
Correct answer: $5.00
Arkansas caps the fee for a notarial act at $5.00.
Question 3: A signer's adult son brings his mother's power of attorney to a notary and says she is too ill to come in. What should the notary do?
- Decline, because the signer must personally appear before the notary (Correct answer)
- Notarize it since the son can vouch for her signature
- Notarize it if the son shows his mother's ID
- Notarize it and note the illness in the certificate
Correct answer: Decline, because the signer must personally appear before the notary
Personal appearance of the signer before the notary at the time of notarization is required and cannot be waived.
Question 4: A non-attorney Arkansas notary helps a customer choose which type of deed to use for a property transfer. This conduct is best described as what?
- Unauthorized practice of law (Correct answer)
- Permissible customer service
- Allowed if no fee is charged
- Allowed with the customer's written consent
Correct answer: Unauthorized practice of law
Selecting or recommending legal documents constitutes legal advice, which non-attorney notaries may not give.
Question 5: If an Arkansas notary's negligence in performing a notarization causes financial loss, who may be held liable for damages?
- The notary personally, with the surety bond providing a source of recovery (Correct answer)
- Only the Secretary of State
- Only the surety company, never the notary
- No one, because notarizations carry immunity
Correct answer: The notary personally, with the surety bond providing a source of recovery
The notary is personally liable for official misconduct, and the injured party may recover against the notary's bond.
Question 6: Which of the following actions would constitute official misconduct by an Arkansas notary?
- Completing a certificate stating a signer appeared when the signer never did (Correct answer)
- Refusing to notarize because the signer lacked acceptable ID
- Charging less than the maximum statutory fee
- Declining to notarize a document written in a language the notary cannot read
Correct answer: Completing a certificate stating a signer appeared when the signer never did
Falsely certifying personal appearance is a fraudulent act and grounds for liability and commission revocation.
Question 7: An Arkansas notary moves to a new home address within the state. What is the notary's obligation?
- Notify the Secretary of State of the address change (Correct answer)
- Do nothing until the commission is renewed
- Surrender the commission and reapply
- Notify only the county clerk where the bond is filed
Correct answer: Notify the Secretary of State of the address change
Arkansas notaries must report changes of address to the Secretary of State to keep their commission record accurate.
AR Notary Legal and Ethical Responsibilities 2
An Arkansas notary is asked to notarize a deed in which the notary is named as the grantee.
What must the notary do?