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Today, July 31, 2017, new laws concerning notaries go into effect. These laws are part of Act 537 of 2017. Please make yourself familiar with the changes outlined below. We also have additional resources on our website at http://bcs.sos.arkansas.gov that you may access 24/7 for more information, including the full text of Arkansas’ notary laws.
- Arkansas notaries may now charge a “reasonable amount” for notarial acts. This amount must be agreed upon by the client and notary prior to the notarial act taking place. This removes the previous $5 cap.
- An employer may not cancel the surety bond of a current or former employee, even if the employer paid for the bond.
- A notary may now refuse to notarize a document for any reason.
- Guidance is now provided concerning what a notary should look for prior to notarizing a document: Does the client understand the document they are about to sign? Is the client acting of his/her free will? Can the client communicate directly in a language understood by the notary? Can the client sign the document using letters or characters understood by the notary?
- Guidance is now provided when the signer uses a mark to sign their name or when the signer is physically unable to sign their own name.
- What constitutes a complete and incomplete notarial certificate is also specified in law. A complete notarial certificate must include the following information: the signature of the notary public exactly the way it is on file with the Secretary of State’s Office; the date the signature is witnessed; the venue of the notarial act including the State of Arkansas and county of where the signature was witnessed; and the signature and seal of the notary public in compliance with Arkansas notary laws.
- Reasons a notarial act can be deemed invalid are now outlined in law, including: when the information is known or believed by the notary public to be false; a notary public puts their signature and seal on an incomplete notarial certificate (see item 6); a notary public signs and seals the certificate at a time other than when the signer is present.
Upcoming Notary Seminars: Sign Up!
The
Secretary of State’s Office has partnered with the Arkansas Small Business and
Technology Development Center to conduct FREE notary public seminars across the
state. A list of seminars, and a link to pre-register, is below:
August
1st – Russellville (registration closed)
August
3rd – White Hall
https://events.r20.constantcontact.com/register/eventReg?oeidk=a07ee1jskq585782d75
August
22nd – Magnolia https://events.r20.constantcontact.com/register/eventReg?oeidk=a07ee34onjo863f3241
August
29th – Jonesboro https://events.r20.constantcontact.com/register/eventReg?oeidk=a07ee6gywi9f0b6c483
August
31st – Mountain Home https://events.r20.constantcontact.com/register/eventReg?oeidk=a07eec2ezes83f727e2
November
1st – Little Rock (link available at a later date)
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