Legislation
State: Arkansas
Signed: April 14, 2005
Effective: January 01, 2006
Chapter: Act No. 2274
SummarySenate Bill 337 provides new Notary commissioning and status update requirements.
AffectsAmends Sections 21-14-101, 21-14-102, 21-14-103, 21-14-106, 21-14-107, and 21-14-108 of the Arkansas Code.
Changes - Requires the Secretary of State to issue a commission number to each Notary who applies for or renews a commission, and this number must appear in the Notary’s official seal.
- Transfers responsibility for approving a Notary’s $7,500 bond from the circuit clerk to the Secretary of State.
- Requires a Notary to sign a written oath of office declaration in the presence of the circuit clerk in the county in which the Notary resides (or, if a nonresident, in the county in which the Notary is employed), vouching that the Notary will uphold the U.S. and Arkansas Constitutions, and faithfully perform all duties as required by law. The Notary must send a signed original to the Secretary of State.
- Clarifies that in the event of a residence address change or, in the case of a resident of an adjoining state, a change in the place of employment, a Notary must file the original bond with the circuit clerk in the new county of residence or in the new county of employment.
- Requires Notaries who change a mailing address or other personal information on file to notify both the Secretary of State and circuit clerk of the change within 30 days. (Previously, Notaries only notified the Secretary of State.) Note: The new law strikes a subsection requiring the Secretary of State to send to the county notification of a Notary’s change in personal information, in effect placing this onus on the Notary.
- Requires Notaries changing a name due to marriage to send a certified copy of the marriage certificate to the Secretary of State and the circuit clerk. (Previously, Notaries only sent the marriage certificate to the Secretary of State.)
- Allows the Secretary of State to deny or revoke the commission of a Notary who fails to complete the qualifying requirements under Section 21-14-101.
- Changes the length of time that must elapse before a Notary whose commission has been denied or revoked can apply for a subsequent commission from 3 to 5 years.
- Permits the Secretary of State to promulgate rules to administer the new law changes.
- Makes other clarifying and stylistic changes.
AnalysisSenate Bill 337 provides new Notary commissioning and status update requirements. The more significant and beneficial reforms in the introduced version of Senate Bill 337 – mandatory education and testing, a journal requirement, and reduction of the commission term from 10 to 5 years – were removed in the version of the bill enacted into law. Arkansas has passed two bills affecting Notaries already in the first half of 2005. (Senate Bill 72 was enacted February 7, 2005.)
Read Senate Bill 337.