How to become an Arkansas Notary:
Are you interested in becoming an Arkansas notary? Are you interested in generating extra income, starting your own Arkansas notary business, adding a notary title to your resume, or helping people in your community? Arkansas notaries are appointed by the state to serve the public as an unbiased impartial witnesses to document signing. Becoming a notary in Arkansas is a straightforward process, and as long as you fit the eligibility requirements listed below, you can apply to become an Arkansas notary. The American Association of Notaries has been helping individuals become notaries since 1994.
To become a notary in Arkansas, a notary applicant must meet all of the following requirements:
- 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, or a legal resident of an adjoining state and employed in Arkansas
- Be able to read and write English
- Have a business or residence address in Arkansas
- Not have a prior notary commission that has been revoked in the past 10 years
- Not have been convicted of a felony
Qualifications for becoming a notary in Arkansas:
In order to become an Arkansas notary and receive an Arkansas notary public commission, a notary applicant must:
- Meet the eligibility requirements provided in the previous section.
- Obtain a surety bond in the amount of $7,500.
- Create a free account in the Notary Management System Account with the Secretary of State at http://bcs.sos.arkansas.gov.
- Login and select from the “Notary” drop-down the type of application he or she wishes to file.
- Complete Exam—a multiple-choice exam is required for all new and renewing applicants.
- Upon successful completion of the exam, the notary applicant will be immediately directed to the notary application for completion.
- Print and sign his or her name on the application exactly as it is printed and signed on his or her surety bond.
- Have the application notarized by an Arkansas notary.
- Submit his or her completed application with his or her original signature, copy of the surety bond, and $20 application fee to the Secretary of State’s Office.
- Upon approval, the Secretary of State will issue three original certificates of commission.
- Must take all three certificates, within 30 days, to the circuit clerk in the county where the notary resides or in the county where the notary is employed. The clerk will file an original certificate of commission and the notary’s original bond and return two certificates to the notary.
- Return one of the completed certificates of commission and the oath of office to the Secretary of State to complete the approval process.
- After the Secretary of State receives the completed certificate and oath of office, the notary will receive an issued notary public identification card.
- Present the notary public identification card to the stamp vendor to purchase the notary seal.
Can a non-resident become a notary in Arkansas?
Yes. A person who resides in one of the adjoining states can become an Arkansas notary public if: (1) he or she meets the same qualifications as an Arkansas resident; (2) he or she maintains employment in Arkansas; and (3) he or she files the original commission certificate, bond and, oath with the circuit clerk in the county where he or she is employed.
Is an Arkansas notary bond required to become a notary in Arkansas?
Yes. An Arkansas notary bond in the amount of $7,500 is required for new and renewing notaries public. An Arkansas notary bond can be purchased either (1) executed and issued by a surety insurer authorized to do business in Arkansas and approved by the Secretary of State; or (2) through a surety contract issued by a general business Arkansas corporation form under Arkansas law and registered with the Arkansas Insurance Commissioner. To purchase an Arkansas notary bond, visit the American Association of Notaries website at www.usnotaries.com
or by calling (800) 721-2663.
Do I need an Arkansas notary errors & omissions insurance?
Optional. A notary public is liable to any person for damages that result from his or her official misconduct. The American Association of Notaries strongly recommends Arkansas notaries public to insure themselves against claims of negligence through the purchase of an Arkansas notary errors and omissions insurance. To receive additional information, visit our website at www.usnotaries.com
or by calling (800) 721-2663.
How much does it cost to become a notary in Arkansas?
To become a notary in Arkansas, an applicant must include a $20 filing fee when submitting his or her application for appointment or reappointment, plus the cost of the required official seal, notary journal, and surety bond.
How long is the term of a notary public commission in Arkansas?
An Arkansas notary is commissioned for a term of ten years from the date of appointment. However, a notary’s commission may be rendered void by resignation, death, revocation, or when the notary public ceases to reside in Arkansas.
Where can I perform notarial acts?
An Arkansas notary has statewide jurisdiction and may perform notarial acts in any county at any location in Arkansas. Likewise, an Arkansas notary public may not perform notarial acts outside this state.
Who appoints Arkansas notaries public?
How to renew your Arkansas notary commission:
An Arkansas notary must submit an application for renewal no earlier than 60 days before the expiration of the current commission. A notary renewing his or her commission will be required to follow the same steps as a first-time applicant. The notary will need to secure and submit with a new application for renewal a new bond and an application fee.
Are there any exams or notary course requirements?
A multiple choice exam is required for all new and renewing notary applicants. A minimum score of 80% must be achieved in order to access the notary public application. To prepare notary applicants for the exam, the Secretary of State offers a free online notary training course available through the Notary Management System and the “Arkansas Notary Public and eNotary Handbook” contains very important information.
Do I need to purchase a notary stamp in Arkansas?
Arkansas notary laws require all notaries public to use either a seal embosser or a rubber-inked stamp seal that prints in blue or black ink to authenticate all notarial acts. The Arkansas Notaries Public statute provides the legal specifications regarding the layout and the information required on notary stamps.
Required Elements: The official seal shall include the following elements
The notary public’s name exactly as written in his or her official signature
The name of the county where the notary’s bond is filed
The words “Notary Public” and “Arkansas”
The notary public’s commission expiration date
The notary public’s commission number issued by the Secretary of State
Note: The notary seal shall not include the Seal of the State of Arkansas or an outline of the state.
An Arkansas notary may use a facsimile signature and seal, such as a stamp or engraved reproduction, in blue or black ink, in lieu of the manual signature and rubber or embossed seal on commercial documents, except on deeds or other documents for conveying real estate. If a facsimile signature or seal is to be used, the Arkansas notary must first file with the Secretary of State’s office certain information before proceeding with such procedures. For further instructions, contact the Office of the Secretary of State by calling (501) 682-3409.
Is a notary journal required in Arkansas?
No. The Arkansas law does not require an Arkansas notary to keep any record of his or her notarial acts, but it is highly recommended by the Secretary of State and the American Association of Notaries that each Arkansas notary record his or her official acts in a register or journal. For Arkansas notary supplies, visit our website at www.usnotaries.com
or by calling (800) 721-2663.
How much can an Arkansas notary charge for performing notarial acts?
In 2017, the Arkansas Code Annotated amended the notary laws by removing the statutory maximum fees a notary public can charge for each notarial act. The new law permits Arkansas notaries to set their own reasonable fee for a notarial act that is disclosed and agreed upon by the principal and notary public before the execution of the notarial act.
What notarial acts can an Arkansas notary public perform?
An Arkansas notary public is authorized to perform the following notarial acts:
Administer oaths or affirmations
Taking depositions under Rule 28 of the Arkansas Rules of Civil Procedure and Rule 28 of the Federal Rules of Civil Procedure
Perform copy certification of non-recordable documents
Note: Depositions not attested to by a certified court reporter will not be accepted in Arkansas courts. Therefore, Arkansas notaries, who are not certified court reporters, should not accept depositions as an act of their notarial office.
Can I perform electronic notarizations in Arkansas?
The Arkansas Electronic Notary Public Act came into law on August 3, 2017. The Act requires a traditional Arkansas notary in good standing with the Secretary of State to qualify and be commissioned as an electronic notary public. An electronic notary public must complete a course of study and pass an examination, and take a refresher course every two years. The Secretary of State must approve: (1) the course of study selected by a notary public applying to become an E-Notary; and (2) the solution provider the commissioned electronic notary will use. The Act allows an Arkansas electronic notary to set a reasonable fee for each electronic notarial act. In addition, the Secretary of State adopted administrative rules entitled “Rules for Electronic Notarial Acts in the State of Arkansas.” First and foremost, the Act and rules mandate that the document signer must be in the presence of the Arkansas notary physically close enough to see, hear, communicate, and give identification credentials to each other without reliance on an electronic device such as a telephone, computer, video camera, or facsimile machine at the time of the execution of the electronic notarization. All the same rules and regulations that apply to a traditional, paper notarization also apply to an electronically signed document including, but not limited to, personal appearance before the notary public.
How do I change my address?
If an Arkansas notary changes his or her address within the same county that the notary is commissioned, the notary files an amendment form by using the Notary Management System on the Secretary of State's’ website. Notaries who move from one county to another within Arkansas must submit a change of personal information form and have their notary public commission transferred to the new county of residence, or for the non-resident Arkansas notaries to the new county of employment in Arkansas within 30 days of the change. Upon receiving the change of address to a new county notification, the Secretary of State will notify the circuit clerk of the notary’s previous county of commission. The Secretary of State will issue a certificate verifying the notary’s new county of residence or employment that the notary will take to the circuit clerk where the original bond is filed. After receiving the original bond, the notary will file the original bond or certified copy of the original bond at the new county of residence or employment. The Secretary of State issues a new identification card to the notary reflecting the change in county of commission, which the notary will need to purchase a new notary seal that reflects the new county. To file an amendment form by using the Notary Management System, visit http://bcs.sos.arkansas.gov
How do I change my name on my notary commission?
If there is a name change that involves a court order, an Arkansas notary must submit to the Secretary of State and circuit clerk a certified copy of the court order within 30 days of the name change. The certified copy of the public document designating the name change such as a marriage license, divorce decree, or other court document will be issued at the courthouse where the document is filed. The certified copy of the court order will need to be submitted to the circuit clerk for the county where the notary resides or if the notary is a resident of an adjoining state, in the county in Arkansas where the notary is employed. A plain photocopy of the legal document will not be accepted. The Office of Secretary of State will issue a new identification card to the notary, reflecting the new legal name, which the Arkansas notary will need to purchase a new seal with the new legal name. To file an amendment form by using the Notary Management System, visit http://bcs.sos.arkansas.gov
Resignation and Revocation:
An Arkansas notary is required to submit an original signed letter stating his or her intentions to resign, and return one of his or her certificates of notary public commission with the letter if the Notary: (1) no longer maintains legal residence or employment in Arkansas during the entire term of appointment; (2) no longer wishes to hold the office of notary public; and (3) is duty-bound to resign pursuant to a court order of this state or any other state. The resigning notary public shall destroy his or her official seal immediately upon resignation. If a notary’s commission has been revoked, the notary must immediately deposit his or her journal and official seal with the Secretary of State.
Prohibited Arkansas notarial acts:
These notary’s conducts provide a basis for disciplinary action
Submitting an application for commission and appointment that contains substantial and material misstatement or omission of fact
Performing acts that constitute the practice of law
Using the phrase “notario” or “notario publico” to advertise notary services
Knowingly using false or misleading advertising in which such notary represents that such notary has powers, duties, rights, or privileges that such notary does not possess by law, including the power to counsel on immigration matters
Engaging in the unauthorized practice of law and convicted by a court of law
Notarizing a document without the signer being present at the time of the notarization
Notarizing a document in which the notary is named
Notarizing a document in which the notary has a financial or beneficial interest in the transaction
Charging fees for notary services higher than allowed by law
Notarizing a document with the intent to deceive or defraud
Improperly notarizing documents, which resulted in the notary’s conviction in a court of law
Certifying copies of recorded documents such as birth certificates and other vital records and public records
Notarizing his or her own signature
Notarizing a document that contains a notarial certificate that was not worded in English
Notarizing a notarial certificate that the information within the notarial certificate is known or believed by the notary to be false
Affixing an official signature and/or notary seal on a notarial certificate that is incomplete
Affixing an official signature and/or notary seal on a notarial certificate at a time when the signer was not present
Signing and affixing a notary seal to a notarial certificate with the understanding that the notarial certificate will be completed outside the presence of the notary
Signing and affixing a notary seal to a notarial certificate that will be attached to a document outside the presence of the notary
Notarizing a document that is incomplete
Notarizing a signature on a document when the signer was not identified by satisfactory evidence of identification
Notarizing a document that did not include a notarial certificate
Official notary misconduct:
A notary public violating Arkansas law in respect to witnessing signatures shall be guilty of a Class A misdemeanor, punishable by a fine of up to $1,000 or up to one year in jail. In addition, the notary public 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, punishable by a fine of $100 for every offense.
Arkansas notary laws and regulations:
Arkansas Notarial Certificates:
Notary bonds and errors and omissions insurance policies provided by this insurance agency, the American Association of Notaries, Inc., are underwritten by Western Surety Company, Universal Surety of America, or Surety Bonding Company of America, which are subsidiaries of CNA Surety. American Association of Notaries, is owned by Kal Tabbara, licensed insurance agent.