Free AR-Notary Prohibited Acts and Conflicts of Interest Questions and Answers 1 — Questions and Answers
Question 1: An Arkansas notary is also a real estate agent. They are asked to notarize the signature of a buyer on a deed for a property where the notary will earn a commission. What should the notary do?
- Notarize the signature as it is convenient
- Ask another agent to witness the notarization
- Refuse to notarize due to a conflict of interest (Correct answer)
- Notarize the signature but waive the notary fee
Correct answer: Refuse to notarize due to a conflict of interest
A notary public must not perform a notarial act if they have a direct financial or beneficial interest in the transaction. Earning a commission from the sale constitutes such an interest, creating a conflict that disqualifies the notary.
Question 2: A notary is asked to notarize their own signature on a document. This is:
- Permitted if a witness is present
- Permitted if no fee is charged
- Always prohibited (Correct answer)
- Permitted for personal documents only
Correct answer: Always prohibited
A notary can never notarize their own signature. The purpose of notarization is to have an impartial official witness the signing of a document, and one cannot be an impartial witness for oneself.
Question 3: Which of the following acts constitutes the unauthorized practice of law for a non-attorney notary in Arkansas?
- Charging a fee for a notarial act
- Advising a signer on which type of notarial certificate to use (Correct answer)
- Administering an oath to a deponent
- Keeping a record of notarial acts
Correct answer: Advising a signer on which type of notarial certificate to use
A non-attorney notary is strictly prohibited from giving legal advice. This includes advising a signer on the legal implications of a document, how to fill it out, or which type of notarization (e.g., acknowledgment vs. jurat) is appropriate for their situation.
Question 4: A client asks a notary to certify a copy of their U.S. Passport. How should the Arkansas notary proceed?
- Make a photocopy and attach a certificate stating it's a true copy
- Refuse, as notaries are not authorized to make certified copies (Correct answer)
- Notarize the client's signature on the photocopy itself
- Send the client to the Secretary of State
Correct answer: Refuse, as notaries are not authorized to make certified copies
Arkansas notaries do not have the authority to certify copies of any document. This power is not granted by state law, so the notary must refuse the request to certify a copy.
Question 5: When is it permissible for an Arkansas notary to notarize a document that contains blank spaces?
- If the signer promises to fill them in later
- If the blanks are not on the signature page
- If the blanks are for non-essential information
- It is never permissible to notarize a document with blank spaces (Correct answer)
Correct answer: It is never permissible to notarize a document with blank spaces
A notary must refuse to notarize any document that contains blank spaces where material information should be. This is a critical step to prevent fraud, as information could be added after the notarization without the signer's consent.
Question 6: What is the maximum fee an Arkansas notary may charge for taking an acknowledgment or administering an oath?
- $2.50
- $5.00 (Correct answer)
- $10.00
- A reasonable amount determined by the notary
Correct answer: $5.00
Arkansas Code § 21-6-309 sets the maximum fee a notary public can charge for most common notarial acts, including taking an acknowledgment and administering an oath, at $5.00 per act.
Question 7: Under what circumstances can an Arkansas notary notarize a document for an immediate family member, such as a spouse or parent?
- It is always prohibited
- Only if the document is for a real estate transaction
- Only if the notary has no financial or beneficial interest in the transaction (Correct answer)
- Only if another family member is present as a witness
Correct answer: Only if the notary has no financial or beneficial interest in the transaction
While notarizing for family members is not explicitly forbidden, it is only permissible if the notary is not a party to the document and has absolutely no direct financial or beneficial interest in the outcome of the transaction. To avoid the appearance of impropriety, it is best practice to decline.
Free AR-Notary Prohibited Acts and Conflicts of Interest Questions and Answers 1
An Arkansas notary is also a real estate agent.
They are asked to notarize the signature of a buyer on a deed for a property where the notary will earn a commission.
What should the notary do?