31.0320 Powers and prohibitions.

Cite as [A.S.C.A. § 31.0320]

(a) A notary who is a United States National is empowered to perform the following notarial acts:

(1) acknowledgments;

(2) oaths and affirmations;

(3) jurats;

(4) signature witnessings;

(5) copy certifications;

(b) A notary who is not a United States National is empowered only to perform the following notarial acts:

(1) acknowledgments;

(2) signature witnessing; and

(3) copy certifications.

(c) A notary shall not perform a notarial act if the principal:

(1) is not in the notary’s presence at the time of notarization;

(2) is not personally known to the notary or identified by the notary through satisfactory evidence;

(3) shows a demeanor which causes the notary to have a compelling doubt about whether the principal knows the consequences of the transaction requiring a notarial act; or

(4) in the notary’s judgment, is not acting of his or her own free will.

(d) A notary may certify the affixation of a signature by mark on a document presented for notarization if:

(1) the mark is affixed in the presence of the notary and of 2 witnesses unaffected by the document;

(2) both witnesses sign their own names beside the mark;

(3) the notary writes below the mark: “Mark affixed by (name of signer of mark) in presence of (names and addresses of witnesses) and undersigned notary under section 31.0320(d) of the Notarial Act of 2007”; and

(4) the notary notarizes the signature by mark through an acknowledgment, jurat, or signature witnessing.

(e) A notary may sign the name of a person physically unable to sign or make a mark on a document presented for notarization if:

(1) the person directs the notary to do so in the presence of 2 witnesses unaffected by the document;

(2) the notary signs the person’s name in the presence of the person and the witnesses;

(3) both witnesses sign their own names beside the signature;

(4) the notary writes below the signature: “Signature affixed by notary in the presence of (names and addresses of person and 2 witnesses) under section 31.0320(e) of the Notarial Act of 2007”; and

(5) the notary notarizes the signature through an acknowledgment, jurat, or signature witnessing.

History: 2008, PL 30-18.