A.C.A. § 21-14-101

Arkansas Code of 1987 Annotated Official Edition
© 1987-2011 by the State of Arkansas
All rights reserved.
*** CURRENT THROUGH THE 2010 FISCAL SESSION AND UPDATES ***
*** FROM THE ARKANSAS CODE REVISION COMMISSION THROUGH ***
*** FEBRUARY 25, 2011 ***
Title 21  Public Officers and Employees  
Chapter 14  Notaries Public  
Subchapter 1  -- General Provisions
A.C.A. § 21-14-101  (2011)
21-14-101.  Appointment and commission.

  (a)  (1) The Secretary of State may appoint and commission an individual person as a notary public in this state.

   (2) Effective January 1, 2006, 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 commission issued by the Secretary of State.

(b) Every applicant for appointment and commission as a notary public shall complete an application to be filed with the Secretary of State stating:

   (1) That he or she is:

      (A) Either a:

         (i) Bona fide citizen of the United States; or

         (ii) Permanent resident alien who shall file with his or her application a recorded Declaration of Domicile;

      (B) A legal resident of Arkansas or an adjoining state and employed in the State of Arkansas;

      (C) Eighteen (18) years of age or older; and

      (D) Able to read and write English;

   (2) The address of his or her business or residence in this state; and

   (3) That during the past ten (10) years, his or her commission as a notary public has not been revoked.

(c) The application shall be sent to the Secretary of State with a fee of twenty dollars ($20.00) for the notary public commission.

(d) Every notary public shall file in the office of the recorder of deeds for the county where the notary public resides or in the case of a resident of an adjoining state, in the county in Arkansas where employed, either:

   (1) A surety bond executed by a surety insurer authorized to do business in Arkansas to the state for the faithful discharge of the notary public's duties in the sum of seven thousand five hundred dollars ($7,500), to be approved by the Secretary of State; or

   (2) A surety contract guaranteeing the notary public's faithful discharge of his or her duties executed to the State of Arkansas for not more than an aggregate seven thousand five hundred dollars ($7,500), issued by a general business corporation validly organized and formed under the laws of this state pertaining to domestic corporations and which:

      (A) Has previously registered with the Insurance Commissioner on forms prescribed by the commissioner evidencing the corporation's purpose to issue only surety contracts for notaries public pursuant to the provisions of this section;

      (B) Has previously deposited and thereafter maintains with the commissioner securities in the sum of not less than ten thousand dollars ($10,000) executed to the State of Arkansas that are issued by a nonaffiliated corporate entity and are approved by the commissioner; and

      (C) Is not otherwise transacting any insurance business in this state that requires compliance with the provisions of the Arkansas Insurance Code.

(e)  (1) The obligation of an issuer of a bond required by subsection (d) of this section:

      (A) Shall be solely to the State of Arkansas; and

      (B) Is solely for the benefit of the State of Arkansas.

   (2) Under no circumstances shall the aggregate liability of the issuer exceed the amount of the bond.

(f)  (1) Every notary public shall sign the following declaration in the presence of the circuit clerk for the county where the notary public resides or if a resident of another state, the circuit clerk for the county in Arkansas where employed:

 Click here to view form

   (2) The notary public shall send an executed and signed original of the declaration to the Secretary of State.

(g) Effective January 1, 2006, the Secretary of State shall issue a commission number to each new notary public and to each notary public who renews his or her commission.

HISTORY: Acts 1874, No. 17, § 1, p. 61; C. & M. Dig., § 7969; Pope's Dig., § 10362; Acts 1981, No. 672, § 1; 1985, No. 966, § 1; A.S.A. 1947, § 12-1401; Acts 1989, No. 304, § 2; 2001, No. 1274, § 1; 2005, No. 2274, § 1; 2009, No. 1404, § 1.