4.1 Mandatory Personal Appearance & Physical Presence
Key Takeaways
- A traditional signer must personally appear before the notary; a phone call, email, or ordinary video call is not enough.
- In-person electronic notarization uses an electronic document but still requires the signer and notary in physical proximity.
- RON permits remote appearance only through an approved solution while the notary is physically in Arkansas.
- An Arkansas commission does not authorize the notary to act while physically outside Arkansas.
4.1 Personal Appearance and Physical Proximity
Personal appearance is the foundation of ordinary notarization. It lets the notary identify the person, observe the signature, administer any oath or acknowledgment, and evaluate whether the person appears to understand and act voluntarily. The handbook states plainly that personal appearance before the notary is required and that a notary cannot notarize a signature when the signer is not present.
Traditional paper notarization
For a traditional act, the signer and notary are together in Arkansas. The notary can see and hear the signer without relying on a telephone, computer, video camera, or facsimile machine. Mailing a signed paper to a notary, calling to confirm a signature, or asking a family member to vouch for an absent signer does not create appearance.
The notary's Arkansas jurisdiction is statewide. A notary commissioned in Washington County may travel to Pulaski County and perform a lawful act there. The certificate venue will be Pulaski County because that is where the act occurred, while the seal still displays the county where the bond is filed. Statewide jurisdiction does not extend across the state line: the notary may not use the Arkansas seal while physically acting in another state.
Three different formats
| Format | Document | Appearance | Technology |
|---|---|---|---|
| Traditional | Paper with wet signature and ink seal | Signer and notary physically together | No approved platform required |
| In-person electronic notarization (IPEN) | Electronic record, electronic signature and seal | Signer and notary in physical proximity | Approved eNotary solution |
| Remote online notarization (RON) | Electronic record, electronic signature and seal | Simultaneous sight-and-sound communication; signer may be remote | Approved RON solution with identity and recording functions |
An electronic document does not automatically make a transaction remote. If an eNotary uses an approved electronic solution that is not approved for RON, the signer must still be in the same physical location. The parties may sign on a tablet or computer, but they are physically together.
RON is the statutory exception. Act 1047 allows a remotely located individual to appear through approved communication technology, provided the online notary is physically located in Arkansas and follows every identity, record, security, and certificate requirement. Ordinary FaceTime, Zoom, email, or a telephone call is not an approved substitute.
What appearance enables
Appearance is not a box checked by seeing a face for a moment. During the ceremony, the notary must be able to:
- identify the person;
- reasonably confirm that the record being signed is the same record before the notary;
- see the signing when the act requires witnessed execution;
- communicate directly with the signer;
- administer the oath, affirmation, or acknowledgment; and
- observe facts relevant to understanding and willingness.
For RON, those functions occur through secure simultaneous audio and visual communication and are preserved in the required electronic record. If the connection fails so the notary cannot see, hear, or confirm the act, the notary should stop rather than fill gaps with assumptions.
Common scenarios
An employer brings a document signed by a company president who is traveling. Familiarity with the president's signature does not allow the notary to complete a modern acknowledgment claiming personal appearance. Decline and arrange a lawful appearance, including RON if the notary and document qualify and an approved provider is used.
An Arkansas notary visits Missouri and logs in to an approved RON platform. The technology is approved, but the notary's location is not: Act 1047 requires the online notary to be physically in Arkansas.
A signer sits beside an eNotary and signs a PDF on a tablet. That is an in-person electronic act, not RON. Physical proximity is satisfied, but the notary still needs the registered electronic authority, approved solution, identity verification, and electronic certificate.
Exam rule
Always ask two location questions: Where is the notary, and how is the signer appearing? Traditional and IPEN acts require physical proximity in Arkansas. RON permits a remote signer, but only an Arkansas-located online notary using the approved statutory process.
Source anchor: Arkansas Secretary of State, Arkansas Notary Public Handbook (rev. 1-2025), “What is a Notary Public?” and “Physical Proximity”; A.C.A. § 21-14-307; Act 1047 of 2021, A.C.A. § 21-14-309.
Appearance and a pre-signed document
Do not confuse an earlier signature with an absent signer. The Secretary of State's live FAQ permits a limited pre-signed situation only when the signer personally brings the document to the notary and the notary recognizes the signature through prior familiarity. If the notary does not already know the signature, the signer must sign again in the notary's physical presence. Either way, a spouse, assistant, or employer cannot deliver the paper for someone who never appears. This distinction reconciles A.C.A. § 21-14-111's signature-familiarity language with the handbook's central appearance rule: familiarity can address how the signature is recognized, but it does not replace the signer's personal presentation, identity check, acknowledgment, willingness assessment, or the notary's use of the actual date and venue.
Which situation is an in-person electronic notarization rather than RON?
Where must an Arkansas online notary be physically located during RON?
Why is personal appearance operationally important?