Title 31 — Professions
8 chapters · 160 sections in this title.
A.S.C.A. § 31.0351 Change of address
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(a) Within 10 days after the change of a notary’s residence, business, or mailing address, the notary shall send to the Secretary by any means providing a tangible receipt or acknowledgment, including certified mail and electronic transmission, a signed notice of the change, givi…
A.S.C.A. § 31.0352 Change of name
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(a) Within 10 days after the change of notary’s name by court order or marriage, the notary shall send to the Secretary by any means providing a tangible receipt or acknowledgment, including certified mail and electronic transmission, a signed notice of the change, giving both fo…
A.S.C.A. § 31.0353 Resignation
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(a) A notary who resigns his or her commission shall send to the Secretary by any means providing a tangible receipt or acknowledgment, including certified mail and electronic transmission, a signed notice indicating the effective date of resignation. (b) Notaries who cease to re…
A.S.C.A. § 31.0354 Disposition of seal and journal
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(a) Except as provided in subsection (b), when a notary commission expires or is resigned or revoked, the notary shall: (1) as soon as reasonably practicable, destroy or deface all notary seals so that they may not be misused; and (2) within 30 days after the effective date of re…
A.S.C.A. § 31.0355 Death of notary
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If a notary dies during the term of commission or before fulfilling the obligations stipulated in Section 31.0354, the notary’s personal representative shall: (1) notify the Secretary of the death in writing; (2) as soon as reasonably practicable, destroy or deface all notary sea…
A.S.C.A. § 31.0356 Liability of notary and employer
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(a) A notary is liable to any person for all damages proximately cause that person by the notary’s negligence, intentional violation of law, or official misconduct in relation to a notarization. (b) An employer of a notary is liable to any person for all damages proximately cause…
A.S.C.A. § 31.0357 Proximate cause
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Recovery of damages against a notary or employer does not require that the notary’s negligence, violation of law, or official misconduct be either the sole or principal proximate cause of the damages. History: 2008, PL 30-18.
A.S.C.A. § 31.0358 Revocation
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(a) The Secretary may revoke a notary commission for any ground on which an application for a commission may be denied under Section 31.0309(c) and (d). (b) The Secretary shall revoke the commission of any notary who fails: (1) to maintain a residence or a regular place of work o…
A.S.C.A. § 31.0359 Other remedial actions for misconduct
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(a) The Secretary may deliver a written Official Warning to Cease Misconduct to any notary whose actions are judged to be official misconduct under Section 31.0307(l). (b) The Secretary may seek a court injunction to prevent a person from violating any provision of this Act. Hist…
A.S.C.A. § 31.0360 Publications of sanctions and remedial actions
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The Secretary shall regularly publish a list of persons whose commissions have been revoked by the Secretary or whose actions as a notary were the subject of a court injunction or Official Warning to Cease Misconduct. History: 2008, PL 30-18.
A.S.C.A. § 31.0361 Criminal sanctions
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(a) In performing a notarial act, a notary is guilty of a class D felony, punishable upon conviction by a fine not exceeding $5,000 or imprisonment of up to five years, or both, for knowingly: (1) failing to require the presence of a principal at the time of the notarial act; (2)…
A.S.C.A. § 31.0362 Additional remedies and sanctions not precluded
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The remedies and sanctions of this chapter do not preclude other remedies and sanctions provided by law. History: 2008, PL 30-18.
A.S.C.A. § 31.0363 Impersonation
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Any person not a notary who knowingly acts as or otherwise impersonates a notary is guilty of a Class D felony, punishable upon conviction by a fine of not more than $5,000, or imprisonment for not more than five years, or both. History: 2008, PL 30-18.
A.S.C.A. § 31.0364 Wrongful possession
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Any person who knowingly obtains, conceals, defaces, or destroys the seal, journal, or official records of a notary is guilty of a Class D felony, punishable upon conviction by a fine of not more than $5,000, or imprisonment for not more than five years, or both. History: 2008, P…
A.S.C.A. § 31.0365 Improper influence
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Any person who knowingly solicits, coerces, or in any way influences a notary to commit official misconduct is guilty of a Class D felony, punishable upon conviction by a fine of not more than $5,000, or imprisonment for not more than five years, or both. History: 2008, PL 30-18.…
A.S.C.A. § 31.0366 Additional sanctions not precluded
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History: 2008, PL 30-18. Reviser’s Comment: Repealed by PL 30-21, 2008.