§ 21-14-101 — Appointment and commission

Arkansas § 21-14-101

• Jurisdiction: Arkansas
• Title: 21

Text

(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 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) One (1) of the following: (i) A bona fide citizen of the United States; (ii) A permanent resident alien who shall file with his or her application a recorded Declaration of Domicile; (iii) A legal resident of Arkansas; (iv) A legal resident of an adjoining state and employed or operating a business in the State of Arkansas; or (v) (a) A nonresident spouse of a United States military service member employed or operating a business in Arkansas. (b) One (1) copy of a United States Department of Defense DD Form 1173 or a United States Department of Defense DD Form 1173-1, otherwise known as a "Uniformed Services Identification and Privilege Card", shall be included with his or her application under this subsection; (B) Eighteen (18) years of age or older; and (C) Able to read and write English; (2) The address of his or her place of employment, business, or residence in this state; (3) That during the past ten (10) years, his or her commission as a notary public has not been revoked; and (4) That he or she has not been convicted of a felony. (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) The Secretary of State may require the applicant to demonstrate that he or she has reviewed the law concerning notaries public and understands the duties of a notary public. (e) 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 legal resident of an adjoining state or nonresident spouse of a United States military service member, in the county in Arkansas of his or her place of employment or business, 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. (f) (1) The obligation of an issuer of a bond required by subsection (e) 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. (3) An employer shall not cancel a surety bond of a current or former employee even if the employer paid for the surety bond on behalf of the employee. (g) (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 legal resident of an adjoining state or a nonresident spouse of a United States military service member, the circuit clerk for the county in Arkansas of his or her place of employment or business: "I, (name of notary), solemnly swear or affirm that I have carefully read the notary laws of this state, and I will uphold the Constitutions of the United States and the State of Arkansas and will faithfully perform to the best of my ability all notarial acts in accordance with the law. (Signature of notary)__________________ Subscribed and sworn to before me (name of circuit clerk), Circuit Clerk for the County of (name of county), State of Arkansas, on this ________ day of ______, (year). __________________(Signature of circuit clerk)". (2) The notary public shall send an executed and signed original of the declaration to the Secretary of State. (h) 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.

Legislative History

Amended by Act 2021, No. 479,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 215,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 215,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 215,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 537,§ 2, eff. 8/1/2017. Amended by Act 2013, No. 492,§ 1, eff. 8/16/2013. 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.