What Is an Arkansas Notary Acknowledgment?
An Arkansas notary acknowledgment allows a notary public to confirm a signer’s identity and verify their signature. Arkansas notaries public may take acknowledgment if they can either:
- Witness the signing and personally know them, or view proof of their ID; or
- Recognize the signature of the signer by virtue of familiarity with their signature (AR Code § 21-14-111).
The signer must confirm their signature voluntarily, either personally or through an authorized attorney-in-fact. The notary public must also verify that the signer understands the contents of what they’re signing. If the notary public suspects that the signer doesn’t understand the nature of the transaction, they can refuse to notarize the document.
What to Include in an Arkansas Notary Acknowledgment
AR Code § 16-47-107 provides the key elements of an Arkansas notary acknowledgment form:
- Venue: It can either be the county where the notary public executing the acknowledgment lives or the county where the acknowledgment occurs. The venue must appear in the heading.
- The date of acknowledgment: Include the exact date the acknowledgment takes place.
- A notary statement: It should confirm that the signer is signing as themselves and for the purposes stated in the document.
- Signer’s name: Provide the name of the person signing the legal document.
- Notary signature: The notary’s signature must appear in blue or black ink and match the name on file with the Arkansas Secretary of State (AR Code § 21-14-107).
- Notary’s stamp and commission expiration date: It should also state that the officer is a notary public.
Your Arkansas notary acknowledgment may use past or present language. Using one over the other will not affect the form’s validity. Legal Templates’s form includes standard language that will be enforceable as long as the notary public executes the acknowledgment properly.
What If a Signer Cannot Physically Sign the Document?
If a signer cannot physically sign the document, the notary public can accept one of two solutions (AR Code § 21-14-107):
- The signer can sign by writing an “X” or another mark. One disinterested witness must observe this act.
- A third party can sign on behalf of the principal, and at the principal’s direction. Two disinterested witnesses must oversee this act.
Arkansas Notary Acknowledgment Sample
View an example of our Arkansas notary acknowledgment form to see how a notary public certifies a signer’s signature. Fill out yours using our guided form, then download a copy in PDF or Word. Present the document to a notary and have them take the signer’s acknowledgment to complete the form.
Is Remote Online Notarization Legal in Arkansas?
Yes. Arkansas permanently authorized remote online notarization on April 26, 2021, under Senate Bill 340 (Act 1047). Under AR Code § 21-14-309, a notary public can conduct online notarizations, ensuring to meet the following conditions:
- The notary must be located in Arkansas. The signer can be anywhere.
- The notary must verify the signer’s identity using one of these methods:
- Personal knowledge of the person creating the electronic signature;
- Satisfactory evidence of the identity of the principal from a credible witness; or
- Remote presentation of government-issued ID, credential analysis, and identity proofing.
- The notary must create an audiovisual recording of the online notarial act.
- For a signer located outside the US, the notary ensures the record is pertinent to US jurisdiction or property.
- The notary must use secure communication technology and take steps to prevent unauthorized interception.
Documents That Typically Require Notarization in Arkansas
Proper notarization ensures that many legal documents are treated as complete and enforceable. It also helps county recording clerks and other institutions more easily accept them. Below, you can view some documents that typically must be notarized in Arkansas:
- Durable power of attorney
- Non-durable power of attorney
- Limited power of attorney
- Real estate power of attorney
- Minor power of attorney
- Power of attorney revocation
- Warranty deed
- Quitclaim deed
- Living trust
Other documents may not legally require notarization, but it can still be beneficial. Here are some common documents to consider getting notarized so you can protect your funds, property, and personal rights:
