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21-14-112. Denial or revocation of notary public commission.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-14-112. Denial or revocation of notary public commission.
(a) The Secretary of State may deny the application of any person for appointment or reappointment or revoke the commission of any notary public during the notary public's term of appointment if the notary public:
(1) Submits an application for commission and appointment that contains substantial and material misstatement or omission of fact;
(2) Is convicted of official misconduct under the provisions of § 21-14-111;
(3) Knowingly uses false or misleading advertising in which the notary public represents that the notary public has powers, duties, rights, or privileges that the notary public does not possess by law;
(4) Is found by a court of this state to have engaged in the unauthorized practice of law;
(5) Is found by a court to have improperly notarized documents according to the law;
(6) Is found by a court to have charged fees higher than allowed under § 21-6-309; or
(7) Fails to complete the requirements under § 21-14-101.
(b) The Secretary of State may investigate a possible violation of this section upon a signed complaint from any person.
(c) After a notary public receives notice from the Secretary of State that the notary public's commission has been revoked, unless the revocation has been enjoined the notary public shall immediately send or have delivered to the Secretary of State:
(1) The notary public's journal of notarial acts;
(2) All other papers and copies relating to the notary public's notarial acts; and
(3) The notary public's official seal.
(d) A person whose notary public commission has been revoked pursuant to the provisions of this section may subsequently apply for commission and appointment as a notary public after ten (10) years have elapsed from the date
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-14-112
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:21-14-112
Source file: gov.ar.code.title.21.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 24d825c075a54ca2bdcd90755c8e928207f26bcc6214ebb51e566615c8cfce62
Source location: content.xml paragraph 8465
Stored source content
21-14-112. Denial or revocation of notary public commission.
(a) The Secretary of State may deny the application of any person for appointment or reappointment or revoke the commission of any notary public during the notary public's term of appointment if the notary public:
(1) Submits an application for commission and appointment that contains substantial and material misstatement or omission of fact;
(2) Is convicted of official misconduct under the provisions of § 21-14-111;
(3) Knowingly uses false or misleading advertising in which the notary public represents that the notary public has powers, duties, rights, or privileges that the notary public does not possess by law;
(4) Is found by a court of this state to have engaged in the unauthorized practice of law;
(5) Is found by a court to have improperly notarized documents according to the law;
(6) Is found by a court to have charged fees higher than allowed under § 21-6-309; or
(7) Fails to complete the requirements under § 21-14-101.
(b) The Secretary of State may investigate a possible violation of this section upon a signed complaint from any person.
(c) After a notary public receives notice from the Secretary of State that the notary public's commission has been revoked, unless the revocation has been enjoined the notary public shall immediately send or have delivered to the Secretary of State:
(1) The notary public's journal of notarial acts;
(2) All other papers and copies relating to the notary public's notarial acts; and
(3) The notary public's official seal.
(d) A person whose notary public commission has been revoked pursuant to the provisions of this section may subsequently apply for commission and appointment as a notary public after ten (10) years have elapsed from the date of the revocation.
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Arkansas Code — all titles (historical 2020) · legal_authorities
21-14-101. Appointment and commission.
(a)(1) The Secretary of State may appoint and commission an individual person as a notary public in this state.
(2) Effective January 1, 2006, a notary public may perform notarial acts in any part of the state for a term of ten (10) years, beginning on the date of commission or the date of renewal of a commission issued by the Secretary of State.
(b) Every applicant for appointment and commission as a notary public shall complete an application to be filed with the Secretary of State stating:
(1) That he or she is:
(A) One (1) of the following:
(i) A bona fide citizen of the United States;
(ii) A permanent resident alien who shall file with his or her application a recorded Declaration of Domicile;
(iii) A legal resident of Arkansas;
(iv) A legal resident of an adjoining state and employed or operating a business in the State of Arkansas; or
(v)(a) A nonresident spouse of a United States military service member employed or operating a business in Arkansas.
(b) One (1) copy of a United States Department of Defense DD Form 1173 or a United States Department of Defense DD Form 1173-1, otherwise known as a “Uniformed Services Identification and Privilege Card”, shall be included with his or her application under this subsection;
(B) Eighteen (18) years of age or older; and
(C) Able to read and write English;
(2) The address of his or her place of employment, business, or residence in this state;
(3) That during the past ten (10) years, his or her commission as a notary public has not been revoked; and
(4) That he or she has not been convicted of a felony.
(c) The application shall be sent to the Secretary of State with a fee of twenty dollars ($20.00) for the notary public commission.
(d) The Secreta
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-14-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 21-14-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-14-111. Unlawful act — Penalty — Definition.
(a) It is unlawful for any notary public to witness any signature on any instrument unless the notary public either:
(1) Witnesses the signing of the instrument and personally knows the signer or is presented proof of the identity of the signer; or
(2) Recognizes the signature of the signer by virtue of familiarity with the signature.
(b) Any notary public violating this section shall be guilty of a Class A misdemeanor.
(c) For purposes of this section, “personally knows” means having an acquaintance, derived from association with the individual, which establishes the individual's identity with at least a reasonable certainty.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-14-111
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 21-14-111. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-6-309. Notaries public.
(a) A notary public authorized to perform notarial acts in this state may charge and collect a fee for a notarial act if the fee:
(1) Is a reasonable amount as determined by the notary public; and
(2) The fee is disclosed to and agreed upon by the client or principal before executing the notarial act.
(b)(1) A notary public who knowingly charges, demands, or receives any fees not provided by law, or who charges, demands, or receives a fee amount that violates subsection (a) of this section, is guilty of a violation.
(2) Upon conviction, the notary public shall be fined no less than one hundred dollars ($100) for each offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-6-309
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 21-6-309. This identifies an authority to review, not proof of applicability.