Arkansas Notary Laws Summary

All applicants must meet all of the requirements listed below:

• Be 18 years or older
• Be a United States citizen, or a permanent resident alien with proof of Declaration of Domicile
• Be a legal resident of Arkansas
• Be able to read and write the English language
• Not have had a prior notary commission revoked in the past 10 years

In order to receive a notary public commission, a person must:

• Meet the eligibility requirements
• Properly complete and submit a notary application form to the Secretary of State with a filing fee of $20 and include a copy of the $7,500 bond. To download the application forms, visit -
  http://www.sos.arkansas.gov/BCS/Pages/notaryPublic.aspx
• Within 30 days, file with the circuit clerk in the county of your commission within 30 days an original notary public certificate/oath form provided by the Secretary of State as well as the original bond or surety contract
• Return an original signed copy of the certificate/oath form to the Secretary of State to complete the approval process

Permitted. Persons living in adjoining states may apply. Such persons must meet the same qualifications as an Arkansas resident. The original Certificate/Oath and bond must be filed with the circuit clerk in the county where he or she is employed.

A bond or surety contract in the amount of $7,500 is required for new and renewing notaries public. Please visit www.usnotaries.com.

Although insurance is optional the American Association of Notaries recommends that Arkansas notaries insure themselves against claims of negligence through Errors and Omission insurance. Please visit www.usnotaries.com for more information.

There is a $20 state required filing fee for new and renewal notary applications.

10 years

Statewide.

Arkansas Secretary of State
Business and Commercial Services Division
1401 West Capitol, Suite 250
Little Rock, Arkansas 72201-1094
(501) 682-3409 or toll free: (888) 233-0325
http://www.sos.arkansas.gov/BCS/Pages/notaryPublic.aspx

A notary public may apply 30 days before the expiration of the current commission by completing a renewal application form.

None Required.

Required.

Type – embosser or rubber-inked stamp

Ink color – any color as long as the seal can be reproduced under photographic methods.

Required elements - notary public’s name, commission expiration date, the commission number, and the words “Notary Public,” and “Arkansas” and the county where the bond is filed. The seal is the exclusive property of the notary public and must not be surrendered to an employer upon termination/resignation.

An employer may not retain the notary records and/or seal of an employee who is a notary public upon termination of employment.

Recommended by the Secretary of State and the American Association of Notaries. For notary supplies contact the American Association of Notaries by calling 800.721.2663 or visiting our website at www.usnotaries.com.

Notary fees are set by state law. A notary public is allowed to charge for each notarial act, but not more than:

• Acknowledgments $5.00
• Oaths or affirmations $5.00
• Jurats $5.00
• Protests $5.00
• Certify affidavits $5.00
• Certify depositions $5.00
• Copy certification $5.00

Arkansas notary has the authority to:

• Take acknowledgments
• Administer oaths or affirmations
• Protest instruments
• Certify affidavits
• Certify depositions
• Perform copy certification of non-recordable documents

Required. A notary must notify the Secretary of State and circuit clerk in writing within 30 days of a change in mailing address or county of employment. The Secretary of State will transfer the notary’s appointment/commission to the new county. The notary must file the original bond in the new county. Click here to download the Change of Personal Information form http://www.sos.arkansas.gov/BCS/Pages/notaryPublic.aspx.

Required. A notary public must notify the Secretary of State and the circuit clerk in writing of any name change within 30 days of such change and must include a certified copy of the court order or marriage license. Click here to download the Change of Personal Information form http://www.sos.arkansas.gov/BCS/Pages/notaryPublic.aspx.

Submit a letter of notice to the Secretary of State, along with the notary commission. Immediately upon resignation, the notary shall destroy his or her official seal. Contact the Secretary of State for the retention period concerning your notary journals.

A notary public may not:

• prepare, draft, select, or give advice concerning legal documents
• perform acts that constitute the practice of law
• use the phrase “notario” or “notario publico” to advertise notary services
• claim to have powers, qualifications, rights or privileges that the office of notary public does not provide, including the power to counsel on immigration matters
• notarize a document without the signer being in the notary’s presence
• notarize a document if the notary is named in it
• notarize a document in which the notary has a financial or beneficial interest in the transaction
• overcharge fees for notary services
• notarize with the intent to deceive or defraud

A notary public violating Arkansas law in respect to witnessing signatures may be convicted of a Class A misdemeanor, punishable by a fine of up to $1,000 or up to one year in jail. If convicted, the commission will be revoked and the notary cannot be recommissioned for 10 years. A notary who overcharges fees for notary services may also be convicted of a misdemeanor.

Click here to view your state's notarial certificates.