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21-14-306. Form and manner of performing electronic notarial act.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-14-306. Form and manner of performing electronic notarial act.
(a) An electronic notarial act shall be executed through an approved solution provider.
(b) When performing an electronic notarial act, an electronic notary public shall:
(1) Complete an electronic notarial certificate that shall include all information necessary in a paper-based notarization under § 21-14-107; and
(2)(A) Attach his or her electronic signature and seal to the certificate in a tamper-evident manner.
(B) Evidence of tampering may be used as proof by the Secretary of State to determine whether the electronic notarial act is valid or invalid.
(c) The electronic signature of an electronic notary public is reliable if the electronic seal is:
(1) Unique to the electronic notary public;
(2) Capable of independent verification;
(3) Retained under the sole control of the electronic notary public; and
(4) Attached to or associated with the electronic document in a tamper-evident manner.
(d)(1) The electronic signature of an electronic notary public in combination with the electronic notary seal shall be used only for the purpose of performing an electronic notarial act.
(2) The electronic notary public shall not disclose access information used to affix the electronic signature of the electronic notary public except when requested by:
(A) Law enforcement;
(B) The courts; or
(C) An electronic document preparation and transmission vendor.
(3) Control of security aspects remains under the sole control of the commissioned electronic notary public, and include without limitation:
(A) Passwords;
(B) Token devices;
(C) Biometrics;
(D) Personal identification numbers; and
(E) Phrases.
(e) The liability, sanctions, and remedies for the improper performance of elect
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-14-306
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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Record provenance
Stable record: arkansas_code:legal_authorities:21-14-306
Source file: gov.ar.code.title.21.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 266b4012fe29d1dae99195bdd0e340e5c89cbf0bc0bb0f02b8258cf80a1b80b8
Source location: content.xml paragraph 8647
Stored source content
21-14-306. Form and manner of performing electronic notarial act.
(a) An electronic notarial act shall be executed through an approved solution provider.
(b) When performing an electronic notarial act, an electronic notary public shall:
(1) Complete an electronic notarial certificate that shall include all information necessary in a paper-based notarization under § 21-14-107; and
(2)(A) Attach his or her electronic signature and seal to the certificate in a tamper-evident manner.
(B) Evidence of tampering may be used as proof by the Secretary of State to determine whether the electronic notarial act is valid or invalid.
(c) The electronic signature of an electronic notary public is reliable if the electronic seal is:
(1) Unique to the electronic notary public;
(2) Capable of independent verification;
(3) Retained under the sole control of the electronic notary public; and
(4) Attached to or associated with the electronic document in a tamper-evident manner.
(d)(1) The electronic signature of an electronic notary public in combination with the electronic notary seal shall be used only for the purpose of performing an electronic notarial act.
(2) The electronic notary public shall not disclose access information used to affix the electronic signature of the electronic notary public except when requested by:
(A) Law enforcement;
(B) The courts; or
(C) An electronic document preparation and transmission vendor.
(3) Control of security aspects remains under the sole control of the commissioned electronic notary public, and include without limitation:
(A) Passwords;
(B) Token devices;
(C) Biometrics;
(D) Personal identification numbers; and
(E) Phrases.
(e) The liability, sanctions, and remedies for the improper performance of electronic notarial acts are the same under the law for the improper performance of a notarial act performed by a traditional notary public under §§ 21-14-111 — 21-14-113.
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Arkansas Code — all titles (historical 2020) · legal_authorities
21-14-107. Signature — Seal.
(a)(1) At the time of notarization, the notary public shall sign his or her official signature in blue or black ink on every notary certificate.
(2) The official signature is the signature on file with the Secretary of State at the time of signing.
(3) A notary public may refuse to perform a notarial act for any reason, including when the principal:
(A) Does not appear to understand the nature of the transaction that requires the notarial act;
(B) Does not appear to be acting of his or her own free will;
(C) Lacks the ability to sign a notarial document using letters or characters of a language that is understood by the notary public; or
(D) Is not able to communicate directly with the notary public in a language understood by the principal and the notary public.
(4)(A) A signature by mark on a notarial document is legal for the purposes of executing the notarial document if the mark is:
(i) Made by a person who at the time of signature lacks the ability to write or sign his or her name; and
(ii) Witnessed by at least one (1) disinterested person.
(B) The notary public shall write below a signature by mark:
“Mark affixed by (Name of signer by mark) in the presence of (name(s) of witnesses)”.
(5) When a principal is physically unable to sign or make a mark on a notarial document, a disinterested third party may sign the name of the principal if:
(A) The principal directs the disinterested third party to sign the name of the principal in the presence of two (2) disinterested witnesses;
(B) The disinterested third party signs the name of the principal in the presence of the notary public, the principal, and the disinterested witnesses;
(C) Each disinterested witness signs his or her own name beside the signature;
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-14-107
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 21-14-107. 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
21-14-113. Notice of revocation — Appeal.
(a) If the Secretary of State revokes a notary public commission, he or she shall serve the notary public with written notice that explains the reason or reasons for the revocation.
(b)(1) The notary public may appeal the revocation to the Pulaski County Circuit Court within thirty (30) days after service of the notice of revocation is perfected.
(2) The notary public shall appeal by petitioning the court to set aside the revocation and attaching to the petition copies of the Secretary of State's Certificate of Revocation and the written notice of revocation.
(c) The court may summarily order the Secretary of State to reinstate the notary public or take other action the court considers appropriate.
(d) The court's final decision may be appealed as in other civil proceedings.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-14-113
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 21-14-113. This identifies an authority to review, not proof of applicability.