Title 21 — Public Officers and Employees

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.

(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(…

(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…

(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…

(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,…

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.

(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…

(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…

(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…

The Secretary of State may promulgate rules necessary to administer this chapter.

(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…

(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…

(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…

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…

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.

This subchapter shall be known and may be cited as the “Arkansas Electronic Notary Public Act”.

(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…

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.

(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…

(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…

(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 …

(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…

(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…

(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…

(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…

(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 …

(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…

(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…

The Secretary of State may promulgate rules to administer this subchapter.

(1) As used in this subchapter:(1) “Applicant” means a person applying for employment with a state agency;(2) “Central registry check” means a review of the databases of the Child Maltreatment Central Registry, the Adult and Long-Term Care Facility Resident Maltreatment Central R…

(a) (1) (A) When a person applies for employment with a state agency in a designated position and if the state agency intends to make an offer of employment to the applicant, the applicant shall complete a criminal history check form and a central registry check form obtained fro…

(a) (1) A state agency shall ensure that any incumbent employee in a designated position has a subsequent criminal background check completed within five (5) years of the incumbent employee’s initial criminal background check and every five (5) years thereafter.(2) A state agency…

(a) (1) The provisions of § 21-15-102(a)(4) and § 21-15-102(f), § 21-15-103(e), § 21-15-103(g), and § 21-15-110(b) may be waived by the director of a state agency upon the request of:(A) A supervisor or other managerial employee in the state agency;(B) An affected applicant; or(C…

(a) Any information received by a state agency from the Identification Bureau of the Division of Arkansas State Police or from a central registry check under this subchapter shall not be available for examination, and no record, file, or document shall be removed from the custody…

(a) All state agencies with a designated position or a designated financial or information technology position shall adopt the necessary rules to fully implement the provisions of this subchapter. (b) Each state agency shall maintain on file, subject to inspection by the Arkansas…

(a) (1) After receipt of a request for a criminal history check, the Identification Bureau of the Division of Arkansas State Police shall make reasonable efforts to respond to requests for state criminal history checks within twenty (20) calendar days and to respond to requests f…

Any person who submits evidence of having maintained employment in the State of Arkansas for the past twelve (12) months and of successfully completing a criminal history check within the last twelve (12) months or in accordance with that person's professional license shall not b…

Individuals and state agencies are immune from suit or liability for damages for acts or omissions, other than malicious acts or omissions, occurring in the performance of duties imposed by this subchapter.

(a) If a state employee is determined to be an offender or perpetrator in a true, substantiated, or founded report of child maltreatment or adult abuse and the state employee is employed in a designated position, the investigating agency shall immediately notify the employer of t…

(a) (1) (A) When a person applies for employment with a state agency in a designated financial or information technology position and if the state agency intends to make an offer of employment to the applicant, the applicant shall complete a criminal history check form and shall …

(a) (1) State agencies shall ensure that all employees in designated financial or information technology positions apply for criminal history checks by December 1, 2005.(2) An incumbent employee in a designated financial or information technology position shall have a subsequent …

(a) (1) The provisions of §§ 21-15-111 and 21-15-112 prohibiting the hiring of a person or requiring the discharge of a person in a designated financial or information technology position may be waived by the director of a state agency upon the request of:(A) A supervisor or othe…