A Notary Public serves as an impartial, state-appointed witness to deter fraud during the signing of important documents. This role provides integrity to transactions by verifying the identity of signers and confirming their willingness to enter an agreement. Achieving this status in Arkansas requires navigating a specific application and commissioning process managed by the Arkansas Secretary of State (SOS). This guide details the necessary steps to secure a commission and uphold the duties of a Notary Public in the state.
Meeting the Basic Qualifications
Applicants must satisfy several eligibility requirements established by state law before beginning the formal application process. An individual must be at least 18 years of age and be able to read and write the English language. Citizenship requires the applicant to be either a United States citizen or a permanent resident alien who has filed a recorded Declaration of Domicile.
Residency requirements are flexible, allowing for legal residency within Arkansas or residency in an adjoining state if the applicant is employed or operates a business within Arkansas. Applicants must not have been convicted of a felony, nor can they have had an Arkansas notary public commission revoked within the last ten years.
Submitting the Application and Fees
The process begins with an application submitted to the Arkansas Secretary of State through the online Notary Management System. A preliminary step involves completing an online examination to demonstrate an understanding of the duties and laws of the office. Applicants must score 80% or higher on this multiple-choice exam to proceed.
After successfully completing the exam, the applicant fills out the application, providing accurate personal and residential information. The application requires a non-refundable filing fee of $20, typically paid online during submission. A copy of the required surety bond and the exam certificate must be uploaded before the final submission to the SOS for review.
Securing Your Bond and Filing the Oath
Every notary applicant must secure a surety bond in the amount of $7,500, as required by statute. This bond protects the public by ensuring funds are available to cover damages resulting from official misconduct or negligence. The bond must be obtained from an authorized surety insurer and must list the notary’s name exactly as it will appear on the official seal.
After the Secretary of State approves the application, the applicant receives the Oath of Commission Certificates. The applicant must take these certificates and the original surety bond to the county clerk in the county of commission. The applicant signs the Oath of Office before the county clerk, who files the bond and executed oath in the county records. One completed certificate must then be returned to the Secretary of State to finalize the commission.
Required Notary Tools and Record Keeping
To perform notarial acts, a commissioned notary must acquire an official seal of office, which can be a rubber stamp or an embosser. The seal must be clear and legible for photographic reproduction and must contain specific information:
- The notary’s name exactly as commissioned
- The name of the county where the bond is filed
- The phrases “Notary Public” and “Arkansas”
- The commission expiration date
- The commission number issued by the SOS
The seal must use blue or black ink and is the exclusive property of the notary, requiring secure control at all times. Although state law does not mandate a journal for traditional notarial acts, the Secretary of State recommends maintaining one. A detailed journal provides a valuable record for liability protection and is a professional best practice, logging information such as the date, type of act, and method of identification used.
Performing Notarial Acts and Adhering to State Law
The authority granted to an Arkansas Notary Public allows for the performance of several acts, including taking acknowledgments, administering oaths and affirmations, and certifying jurats and depositions. The core responsibility is to confirm the identity of the person appearing before them using satisfactory evidence. Personal appearance by the signer before the notary is a requirement for every official act.
Adherence to state law is required, particularly regarding conflicts of interest. A notary is prohibited from performing an act for any document in which they have a direct or indirect financial interest. Any fee charged for notarial services must be reasonable and disclosed to the client before the act is executed. While the law does not impose a maximum fee, it requires that the charge be justifiable and transparent.
Commission Maintenance and Renewal
The commission for a Notary Public in Arkansas is issued for a ten-year term. Maintaining a valid commission requires the notary to promptly report changes to the Secretary of State. Any change of address or name must be reported by filing an amendment with the SOS within 30 days of the change.
The renewal process requires the notary to initiate an application within 60 days before the commission’s expiration date. Renewal is not automatic; it requires filing an amendment online, retaking and passing the state-administered notary exam, and securing a new $7,500 surety bond. A new $20 application fee must also be paid, and the applicant must file a new Oath of Office to continue serving.