AR Notary Notarial Acts and Procedures 2 — Questions and Answers
Question 1: In Arkansas, what must a notary do before taking an acknowledgment from a signer?
- Verify the signer's identity through personal knowledge or satisfactory evidence (Correct answer)
- Require the signer to recite the document contents aloud
- Obtain approval from the county clerk
- Collect a copy of the signer's birth certificate
Correct answer: Verify the signer's identity through personal knowledge or satisfactory evidence
Arkansas law requires the notary to identify the signer through personal knowledge or satisfactory evidence such as a government-issued ID before performing an acknowledgment.
Question 2: What is the key difference between an acknowledgment and a jurat in Arkansas notarial practice?
- A jurat requires the signer to sign in the notary's presence and take an oath; an acknowledgment does not require signing in the notary's presence (Correct answer)
- An acknowledgment requires two witnesses; a jurat requires none
- A jurat can only be performed by attorneys
- An acknowledgment requires a thumbprint; a jurat does not
Correct answer: A jurat requires the signer to sign in the notary's presence and take an oath; an acknowledgment does not require signing in the notary's presence
A jurat requires the document to be signed in the notary's presence with an oath or affirmation, while an acknowledgment allows a previously signed document if the signer personally appears and acknowledges the signature.
Question 3: A document signer appears before an Arkansas notary but refuses to take an oath for religious reasons. What should the notary do?
- Offer an affirmation instead of an oath (Correct answer)
- Refuse to perform the notarization
- Perform the jurat without any verbal ceremony
- Require a letter from the signer's religious leader
Correct answer: Offer an affirmation instead of an oath
An affirmation is a legally equivalent alternative to an oath for individuals with religious or personal objections to swearing.
Question 4: Which of the following is a notary in Arkansas permitted to certify?
- A copy of a document that is not a public record, when permitted by law (Correct answer)
- A copy of a birth certificate
- A copy of a recorded deed held by the county recorder
- A copy of a certified court judgment
Correct answer: A copy of a document that is not a public record, when permitted by law
Notaries may not certify copies of vital records or publicly recordable documents, which must be certified by the official custodian of the record.
Question 5: When administering an oath in Arkansas, the notary should ensure the signer understands that they are:
- Swearing to the truthfulness of the statement under penalty of perjury (Correct answer)
- Waiving their right to legal counsel
- Transferring ownership of the document
- Agreeing to appear in court if summoned
Correct answer: Swearing to the truthfulness of the statement under penalty of perjury
An oath is a solemn pledge to a Supreme Being that the contents of a statement are true, subjecting the signer to perjury penalties if false.
Question 6: A signer presents a document with blank spaces to an Arkansas notary. What is the proper course of action?
- Ask the signer to complete the blanks or line through them before notarizing (Correct answer)
- Notarize the document and let the signer fill in the blanks later
- Fill in the blanks personally based on the signer's verbal instructions
- Notarize only the pages without blanks
Correct answer: Ask the signer to complete the blanks or line through them before notarizing
Notarizing a document with blank spaces risks fraudulent alteration, so blanks should be completed or struck through before the notarial act.
Question 7: Which element is required in an Arkansas notarial certificate for an acknowledgment?
- The venue showing the state and county where the notarization occurred (Correct answer)
- The signer's Social Security number
- The signer's home address
- The reason the document is being notarized
Correct answer: The venue showing the state and county where the notarization occurred
The venue, stating the state and county where the notarial act took place, is a required component of the notarial certificate.
AR Notary Notarial Acts and Procedures 2
In Arkansas, what must a notary do before taking an acknowledgment from a signer?