Arkansas UPL Statute Summary

Arkansas Code § 4-109-103. Use of “Notario” and Similar Terms. Notice Required

  1. Any notary public who chooses to use the term "notario" or "notario publico", or any similar terms, in any advertisement shall include in the advertisement the following notice:

    I AM NOT A LICENSED ATTORNEY AND CANNOT ENGAGE IN THE PRACTICE OF LAW. I AM NOT A REPRESENTATIVE OF ANY GOVERNMENTAL AGENCY WITH AUTHORITY OVER IMMIGRATION OR CITIZENSHIP AND I CANNOT OFFER LEGAL ADVICE OR OTHER ASSISTANCE REGARDING IMMIGRATION."

  2. The notice shall be provided in both English and Spanish.

Arkansas Code § 16-22-208. Barratry or Maintenance—Disciplinary Action by Circuit and Chancery Courts

  1. Any person, not a member of the Bar of Arkansas, who shall commit or who shall conspire to commit any act defined by the law of this state to be barratry or maintenance, or who shall solicit for himself or for another person who is not a member of the Bar of Arkansas in any manner or by any method the handling of claims or litigation involving injuries to persons or damage to property, in such a manner as would constitute the practice of law, shall be deemed to have submitted himself to the personal jurisdiction of any circuit or chancery court having territorial jurisdiction of the county where the act was committed for disciplinary proceedings in the same manner as if he were a member of the Bar of Arkansas.
  2. In addition to any other lawful action the court might take in proceedings under this section, the court shall be authorized to enter an injunction restraining the commission of any acts mentioned in subsection (a) of this section and may enforce the injunction with contempt proceedings as provided by law in other cases.
  3. It is declared to be the intent of this section to be in aid of and subordinate to the right of the Supreme Court of Arkansas to regulate and define the practice of law and prevent and prohibit the unauthorized or unlawful practice thereof by appropriate rules, orders, and penalties.

Licensing Agency UPL Awareness

Per Arkansas notary law, a commission will be revoked if a notary public “knowingly uses false or misleading advertising in which the notary public represents that the notary public has powers, duties, or privileges that the notary public does not possess by law” OR “is found by a court of this state to have engaged in the unauthorized practice of law.”

A summary of the state’s notary public law can be accessed here.

Enforcement Mechanisms/Complaint Processes for UPL

Possible liability under the Arkansas Deceptive Trade Practices Act (ADTPA), which can be found here. One must contact the Attorney General’s office of Consumer Protection Division. A consumer complaint may be filed online here.

Reporting Ineffective Assistance of Counsel

Ineffective assistance of counsel can be reported to the Arkansas State Bar using this form.

Contact Information for Relevant Agencies

Attorney General:

323 Center Street, Suite 200
Little Rock, AR 72201
Main Number: (501) 682-2007
Email: oag@ArkansasAG.gov
Consumer Protection: (800) 482-8982
Email: Consumer@ArkansasAG.gov
Crime Victims: (800) 448-3014

Arkansas Bar Association:

2224 Cottondale Lane
Little Rock, AR 72202
Tel: (501) 375-4606
Fax: (501) 375-4901

Secretary of State:

State Capitol, Suite 256
500 Woodlane Street
Little Rock, AR 72201
Tel: (501) 682-3409
Toll Free: (888) 233-0325

Becoming a Notary Public

To be eligible to be a notary public in Arkansas, one must:

  • Be 18 years of age or older.
  • Be a bona fide citizen of the United States or a permanent resident alien (if resident alien, recorded Declaration of Domicile must be attached).
  • Be a legal resident of Arkansas or of a state that borders Arkansas, but is employed in Arkansas.
  • Be able to read and write English.
  • Have not had a commission as a notary revoked during the past 10 years.
  • Has not been convicted of a felony.
  • Has reviewed the law concerning notaries public and understand the duties of a notary public.
  • Send in completed application, accessible here. Along with $20.00 application fee.
  • Obtain a $7,500 surety bond or contract purchased from a bond or insurance company of your choice authorized to do business in Arkansas.  Enclose a copy of the bond, not the application for the bond.

The Secretary of State has a search tool of issued commissions or to locate any current Arkansas notary, which can be accessed here.