Title 21 — Public Officers and Employees
15 chapters · 492 sections in this title.
Ark. Code Ann. § 21-14-101 Appointment and commission
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(a) (1) The Secretary of State may appoint and commission an individual person as a notary public in this state.(2) 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 com…
Ark. Code Ann. § 21-14-102 Change of residence
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(a) (1) Upon receiving notification of a change of residency, the Secretary of State shall transfer a notary public's appointment and commission to the new county of residence in instances in which a person appointed and commissioned a notary public under § 21-14-101 changes resi…
Ark. Code Ann. § 21-14-103 Change in personal information
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(a) If any notary public has a change in his or her mailing address or status in life that alters the information on record with the Secretary of State and the circuit clerk for the county where the notary public resides or if the notary public is a resident of an adjoining state…
Ark. Code Ann. § 21-14-104 Power and authority generally
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(1) The power and authority of a notary public shall be coextensive with the state for:(1) Swearing witnesses;(2) Taking affidavits;(3) Taking depositions under Rule 28 of the Arkansas Rules of Civil Procedure and Rule 28 of the Federal Rules of Civil Procedure; and(4) Taking ack…
Ark. Code Ann. § 21-14-105 Administration of oaths
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Each notary public shall have power to administer oaths in all matters incident to or belonging to the exercise of his or her notarial office.
Ark. Code Ann. § 21-14-106 Acknowledgments and authentications
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(a) A notary public may:(1) Take the proof or the acknowledgment of all instruments of writing relating to commerce and navigation;(2) Receive and authenticate acknowledgments of deeds, letters of attorney, and other instruments of writing;(3) Make declarations and protests; and(…
Ark. Code Ann. § 21-14-107 Signature — Seal
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(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 t…
Ark. Code Ann. § 21-14-108 Expiration date of commission
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(a) (1) Every notary public shall attach to any certificate of acknowledgment or jurat to an affidavit that he or she may make a statement of the date on which his or her commission will expire.(2) No acknowledgment or other act of a notary public shall be held invalid on account…
Ark. Code Ann. § 21-14-109 Performance of duties for corporation
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(a) It shall be lawful for any notary public who is a stockholder, director, officer, or employee of a bank or other corporation to take the acknowledgment of any party to any written instrument executed to or by the corporation, or to administer an oath to any other stockholder,…
Ark. Code Ann. § 21-14-110 Admissibility of acknowledged instruments
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All declarations and protests made and acknowledgments taken by a notary public and certified copies of the notary public's records and official papers shall be received as evidence of the facts therein stated in all the courts of this state.
Ark. Code Ann. § 21-14-111 Unlawful act — Penalty — Definition
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(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 t…
Ark. Code Ann. § 21-14-112 Denial or revocation of notary public commission
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(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 cont…
Ark. Code Ann. § 21-14-113 Notice of revocation — Appeal
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(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 thi…
Ark. Code Ann. § 21-14-114 Rules
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The Secretary of State may promulgate rules necessary to administer this chapter.
Ark. Code Ann. § 21-14-201 Definitions
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(1) As used in this subchapter:(1) (A) “Commercial document” means any instrument, certificate, report, billing, affidavit, or other document which is required to bear a notary certificate by the terms of a purchase order, contract, bid specification, construction standard, testi…
Ark. Code Ann. § 21-14-202 Use of facsimile signatures and seals authorized — Filing required
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(1) Any notary public may affix a notary certificate bearing the notary public's facsimile signature and facsimile seal in lieu of the notary public's manual signature and rubber or embossed seal in blue or black ink on a commercial document, after filing with the Secretary of St…
Ark. Code Ann. § 21-14-203 Expiration and resignation
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(a) Any filing by a notary public with the Secretary of State under the terms of this subchapter shall remain in effect until the earlier of:(1) The date on which the notary public's commission in effect on the date of filing expires;(2) The filing is cancelled by the notary publ…
Ark. Code Ann. § 21-14-204 Duties of notary public
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A notary public shall have the same duties when affixing a notary certificate with the notary public's facsimile signature and facsimile seal on a commercial document as when signing a notary certificate with the notary public's manual signature and rubber or embossed seal, and n…
Ark. Code Ann. § 21-14-205 Force and effect
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Notary certificates which are signed by facsimile signature and sealed by facsimile seal under the provisions of this subchapter shall have the same force and effect as notary certificates signed by manual signature and bearing a rubber or embossed seal for all purposes.
Ark. Code Ann. § 21-14-301 Title
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This subchapter shall be known and may be cited as the “Arkansas Electronic Notary Public Act”.
Ark. Code Ann. § 21-14-302 Definitions
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(1) As used in this subchapter:(1) “Communication technology” means an electronic device or process that:(A) Allows an online notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and(B) If applicable, facilitates commun…
Ark. Code Ann. § 21-14-303 Appointment and commission
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A notary public who is appointed and commissioned by the Secretary of State as a traditional notary public and who is in good standing with the Secretary of State is eligible to become an electronic notary public.
Ark. Code Ann. § 21-14-304 Registration and application
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(a) (1) The Secretary of State shall require a notary public to register the capability to notarize electronically or online before performing an electronic notarial act.(2) A person who seeks to become an electronic notary public or an online notary public shall submit to the Se…
Ark. Code Ann. § 21-14-305 Term and renewal
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(a) The commission date of the electronic notary public shall begin on the date the person passes the examination under § 21-14-304. (b) The term of the electronic notary public shall not extend past the expiration date of the surety bond for the traditional notary public commiss…
Ark. Code Ann. § 21-14-306 Form and manner of performing electronic notarial act
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(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 …
Ark. Code Ann. § 21-14-307 Physical proximity of signers of electronic documents required
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(a) An electronic notary public shall not perform an electronic notarial act if the document signer does not appear in person before the electronic notary public at the time of the electronic notarial act. (b) (1) The methods for identifying a document signer for an electronic no…
Ark. Code Ann. § 21-14-308 Fees
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(a) An electronic notary public may charge and collect fees that are:(1) Reasonably established by the electronic notary public; and(2) Disclosed and agreed upon by the client and principal before the electronic notarial act occurs. (1) Reasonably established by the electronic no…
Ark. Code Ann. § 21-14-309 Online notarization process
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(a) An electronic notary public may perform an online notarial act through a solution provider by means of communication technology under this subchapter if:(1) The online notary public is physically located within this state but regardless of whether or not the principal is a re…
Ark. Code Ann. § 21-14-310 Electronic record of online notarial acts
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(a) (1) An electronic notary public performing an online notarial act shall keep a secure electronic record of electronic documents notarized.(2) The electronic record shall contain for each online notarial act:(A) The date and time of the online notarial act;(B) The type of onli…
Ark. Code Ann. § 21-14-311 Termination of electronic notary public's commission
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(a) (1) Except as provided by subsection (b) of this section, an electronic notary public whose commission terminates shall destroy the coding, disk, certificate, card, software, or password that enables electronic affixation of the electronic notary public's official electronic …
Ark. Code Ann. § 21-14-312 Wrongful possession, concealment, or destruction of software or hardware — Criminal offense
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(a) A person who, without authorization, knowingly obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software, or hardware enabling an online notary public to affix an official electronic signature or seal commits an offense. (b) An offense und…
Ark. Code Ann. § 21-14-313 Recording of electronic record
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(a) If a law requires as a condition for recording that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by use of a paper copy of an electronic document that complies with this subchapter. (b) If a law requires, as…
Ark. Code Ann. § 21-14-314 Rules
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The Secretary of State may promulgate rules to administer this subchapter.