AR Notary Notarial Acts and Procedures 3 — Questions and Answers
Question 1: A woman asks an Arkansas notary to notarize her absent husband's signature because she has power of attorney. The document names the husband as signer. What should the notary do?
- Refuse, because the person whose signature is notarized must personally appear (Correct answer)
- Notarize it since a power of attorney covers notarization
- Notarize it if the wife signs her husband's name
- Notarize it after calling the husband by phone
Correct answer: Refuse, because the person whose signature is notarized must personally appear
Personal appearance of the signer is mandatory; an attorney-in-fact may sign on the principal's behalf in her own capacity, but the absent principal's signature cannot be notarized.
Question 2: During a notarization, an Arkansas notary realizes the signer appears confused and cannot explain what the document is. What is the best action?
- Decline to notarize because the signer appears to lack awareness (Correct answer)
- Proceed since judging competence is not the notary's job
- Ask a family member to confirm the signer's intent
- Notarize but note the confusion in the certificate
Correct answer: Decline to notarize because the signer appears to lack awareness
A notary should refuse to proceed when the signer does not appear to understand the transaction, since willingness and basic awareness are required.
Question 3: Which of the following identification documents is generally acceptable as satisfactory evidence of identity in Arkansas?
- An unexpired driver's license issued by a state agency (Correct answer)
- A social media profile with a photo
- An expired passport from ten years ago
- A business card with the signer's name
Correct answer: An unexpired driver's license issued by a state agency
A current government-issued identification card bearing a photograph and signature, such as an unexpired driver's license, constitutes satisfactory evidence of identity.
Question 4: A credible witness is used to identify a signer before an Arkansas notary. Which requirement applies to the credible witness?
- The witness must be personally known to the notary or properly identified and must personally know the signer (Correct answer)
- The witness must be a licensed attorney
- The witness must be related to the signer by blood
- The witness must co-sign the document being notarized
Correct answer: The witness must be personally known to the notary or properly identified and must personally know the signer
A credible witness bridges the identification gap by being known to the notary (or properly identified) while personally knowing the signer.
Question 5: An Arkansas notary is asked to notarize a signature on a document written in a language the notary cannot read. What is the most prudent practice?
- Proceed only if the notary can communicate directly with the signer and the notarial certificate is in a language the notary reads (Correct answer)
- Refuse all foreign-language documents outright
- Have the signer translate the document aloud
- Notarize only after a certified translation is attached
Correct answer: Proceed only if the notary can communicate directly with the signer and the notarial certificate is in a language the notary reads
The notary need not read the document but must be able to communicate directly with the signer and understand the notarial certificate being completed.
Question 6: What should an Arkansas notary do if the notarial certificate wording is missing from a document presented for notarization?
- Ask the signer which notarial act is required and attach or complete the appropriate certificate (Correct answer)
- Choose the notarial act the notary thinks is best
- Notarize with just a signature and seal, no certificate
- Refuse to notarize under any circumstances
Correct answer: Ask the signer which notarial act is required and attach or complete the appropriate certificate
The notary may not choose the act for the signer but can complete the proper certificate once the signer (or the document's issuing agency) specifies which act is needed.
Question 7: A signer physically cannot sign due to disability and asks the Arkansas notary for help. Which procedure is generally recognized?
- The signer may direct another person to sign on their behalf in the presence of the signer and the notary (Correct answer)
- The notary signs the signer's name personally
- The document is notarized without any signature
- A photocopy of an old signature is attached instead
Correct answer: The signer may direct another person to sign on their behalf in the presence of the signer and the notary
Signature by proxy allows a disabled signer to direct another individual to sign in the presence of both the signer and the notary.
AR Notary Notarial Acts and Procedures 3
A woman asks an Arkansas notary to notarize her absent husband's signature because she has power of attorney.
The document names the husband as signer.
What should the notary do?