Missouri Notary Handbook
Missouri NotaryHandbook
SECRETARYSTATEJAMES C. KIRKPATRICKSTATE INFORMATION CENTER(573) 751-4936Dear Missouri Notary:OFOFSTATEMISSOURISTATE CAPITOLROOM 208(573) 751-2379We are pleased to provide you with this Missouri Notary Public Handbook. Thework you do as a notary instills additional confidence in documents that are vital tothe progress and livelihood of our state. Without the information that is containedwithin these pages, our legal and commercial systems could not function efficiently.This handbook is provided to more than 60,000 notaries across the state, each ofwhom takes acknowledgements, administers oaths and affirmations, and certifiesthat copies of documents are true copies.The powers and responsibilities of a notary are laid out in the Missouri RevisedStatutes Chapter 486. The provisions of this statute are included in this handbook,so that you might always have within your reach your duties and requirements underthe law.In addition to the statutes, this resource provides general information related to yourrole as a notary, a glossary of important terms and copies of key application formsto assist you in the administration of your notary duties.We hope you find this book to be a useful and thorough resource in your position asa notary public. If you need any further assistance, please do not hesitate to call ourBusiness Services Division at (573) 751-2783. We are here to serve you.Sincerely,Missouri Secretary of State’s OfficeCommission’s Division
Table of ContentsExplanation of 25 Application Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Revised Statutes of Missouri, Chapter 486 (Notaries Public) . . . . . . . . . . . 4General Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22Application and Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23Qualifying at the County Clerk’s Office . . . . . . . . . . . . . . . . . . . . . . . . . 24Term of Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Notary Public Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Embosser Seal and Rubber Stamp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Journal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27Reapplying . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27Amended Commissions (Name change, county change,address change) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28Non-resident Notary Change of Employment in Same orDifferent County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29Stolen or Lost Notary Public Seals or Notary Journal . . . . . . . . . . . . . 30Destroyed, Broken, Damaged, or Inoperable Notary Seals . . . . . . . . . .30Resignation of a Notary Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Official Misconduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Applicable Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31Possible Disqualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31Executing Witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31Fees Allowed for Swearing in Notaries . . . . . . . . . . . . . . . . . . . . . . . . . . 31Court Reporters Qualified to Give Oaths . . . . . . . . . . . . . . . . . . . . . . . 31Other Notary Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32Proper Notarization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33Sample Affirmations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35Sample Individual Acknowledgment . . . . . . . . . . . . . . . . . . . . . . . . . . . 37Sample Jurat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37Sample Certificate of Facsimile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38Instructions for Completing Sample Affirmations . . . . . . . . . . . . . . . . 39How to Obtain Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41Document Certification Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Revised Statutesof Missouri
Explanation of 25 Application FeeApplication, form of, fee—renewal.486.225.2 With the person’s application, each applicant for appointmentand commission as a notary public shall submit to the secretary of state a commission fee of fifteen dollars.State entitled to certain fees—technology trust fund account established—additional fee, notary commissions—appropriation of funds, purpose—feesnot collected, when.28.160.3 The secretary of state may collect an additional fee of ten dollarsfor the issuance of new and renewal notary commissions which shall bedeposited in the state treasury and credited to the secretary of state’s technology trust fund account.Notary documents may now be filed online at: sos.mo.gov/business/notary3
Revised Statutes of MissouriChapter 486(Notaries Public)486.200. Definitions.—As used in sections 486.200 to 486.405(1) “County” means any of the several counties of this state or the cityof St. Louis;(2) “County clerk” means any of the several county clerks of this stateor the clerk of the circuit court in the city of St. Louis;(3) “Facsimile” means an exact copy preserving all the written or printed mark of the original;(4) “Notarization” means the performance of a notarial act;(5) “Notary public” and “notary” mean any person appointed and commissioned to perform notarial acts, including any attorney licensed to practice law in this state;(6) “Official misconduct” means the wrongful exercise of a power orthe wrongful performance of a duty. The term “wrongful” as used in the definition of official misconduct means unauthorized, unlawful, abusive, negligent, reckless, or injurious.(L. 1977 H.B. 513 § 1, A.L. 2005 S.B. 420 & 344)Effective 1-1-78486.205. Notary public, how appointed.—Upon application, the secretaryof state may appoint and commission individual persons as notaries public* ineach of the several counties in this state. The secretary of state may notappoint and commission as a notary public any person who submits an application containing substantial and material misstatement or omission of fact.(L. 1977 H.B. 513 § 2)Effective 1-1-78*Words “notary publics” appear in original rolls.486.210. Notary’s authority to be statewide.—Each notary public mayperform notarial acts anywhere within this state.(L. 1977 H.B. 513 § 3)Effective 1-1-78486.215. Term of office.—Each notary public may perform notarial acts fora term of four years from the date of his commission, unless sooner removed.(L. 1977 H.B. 513 § 4)Effective 1-1-784
486.220. Qualifications for notary.—1. Each person appointed andcommissioned as a notary public shall, except as provided for in subsection2 of this section:(1) Be at least eighteen years of age;(2) Be a registered voter of the county within and for which he is commissioned; or a resident alien of the United States;(3) Have a residence address in the county within and for which he iscommissioned;(4) Be able to read and write the English language; and(5) Not have had his commission revoked during the past ten years; or(6) In lieu of the requirements contained in subdivisions (1) to (5) ofthis subsection, a person who is appointed and commissioned a notary public pursuant to subsection 2 of this section may be appointed and commissioned pursuant to this subsection upon becoming a resident of Missouri.2. Any person who does not qualify under subsection 1 of this sectionmay nonetheless be appointed and commissioned as a notary public provided that person:(1) Is at least eighteen years of age;(2) Works in Missouri and will use the notary seal in the course of hisemployment in Missouri;(3) Has a work address in the county within and for which he is commissioned;(4) Is able to read and write the English language;(5) Has not had a notary commission revoked in any state during thepast ten years; and(6) Authorizes the secretary of state as the agent and representative ofsuch person to accept service of any process or service of any notice ordemand required or permitted by law to be served upon such person.3. A notary public is not a public officer within the meaning of articleVII of the Missouri Constitution.(L. 1977 H.B. 513 § 5, A.L. 1988 S.B. 425, A.L. 1991 H.B. 570)486.225. Application, form of, fee—renewal.—1. Upon a form preparedby the secretary of state, each applicant for appointment and commissionas a notary public shall swear, under penalty of perjury, that the answers toall questions on the application are true and complete to the best of theapplicant’s knowledge and that the applicant is qualified to be appointedand commissioned as a notary public. The completed application form shallbe filed with the secretary of state.5
2. With the person’s application, each applicant for appointment andcommission as a notary public shall submit to the secretary of state a commission fee of fifteen dollars.3. Each applicant for appointment and commission as a notary publicshall state in the application whether or not the applicant has ever beenconvicted of or pled guilty or nolo contendere to any felony, or to any misdemeanor incompatible with the duties of a notary public and if so, shallattach a list of such convictions or pleas of guilt or nolo contendere.4. Each applicant for a renewal appointment and commission as anotary public may apply for such renewal appointment in a manner prescribed by the secretary of state.5. The secretary of state may prohibit, for a period not less than thirtydays and not more than one year, a new applicant or renewal from reapplying for an appointment and commission as a notary public following therejection of such applicant’s application by the secretary of state.6. Prior to submitting an application to the secretary of state, eachnew applicant or renewal for appointment and commission as a notary public shall read the Missouri notary public handbook and complete a computer based notary training or other notary training in a manner prescribed bythe secretary of state. Each new applicant or renewal applicant shall attestto reading such handbook and receiving such training pursuant to this subsection at the time of submitting the application for appointment and commission as a notary public.(L. 1977 H.B. 513 § 6, A.L. 1988 H.B. 1068, A.L. 1991 H.B. 570, A.L. 1997 S.B. 361, A.L. 2004H.B. 1193)486.230. Commission to be issued, when—contents.—Upon receipt ofa completed application, proper endorsements and the correct fee, the secretary of state, if satisfied the applicant is qualified to be appointed andcommissioned as a notary public, shall prepare a notary commission forthe applicant and forward the commission to the county clerk in the county of the applicant’s residence. Each commission shall contain the applicant’s name, the county within and for which he is to be commissioned, thedate upon which the commission takes effect and the date upon which itexpires.(L. 1977 H.B. 513 § 7)Effective 1-1-78486.235. Bond required—oath, form of.—1. During his or her term ofoffice each notary public shall maintain a surety bond in the sum of tenthousand dollars with, as surety thereon, a company qualified to write surety bonds in this state. The bond shall be conditioned upon the faithful per6
formance of all notarial acts in accordance with this chapter. Each notarypublic shall notify the secretary of state of changes on or riders to the bond.2. Before receiving his or her commission, each applicant shall submitto the county clerk of the county within and for which he or she is to becommissioned, an executed bond commencing at least ninety days after thedate he or she submitted the application to the secretary of state with aterm of four years, which shall consist of the dates specified on the applicant’s commission.3. Before receiving his or her commission, each applicant shall take thefollowing oath in the presence of the county clerk:I, . . . . . . . . . . . . . . . . . . . . . . . . (name of applicant), solemnly swear, under the penalty ofperjury, that I have carefully read the notary law of this state, and if appointed and commissioned as a notary public, I will uphold the Constitution of the United States and of this stateand will faithfully perform to the best of my ability all notarial acts in conformance with thelaw. . . . . . . . . . . . . . . . . . . . . . . . . (signature of applicant)Subscribed and sworn to before me this . . . . . . . . . . . . day of . . . . . . . . . . . . , 20. . . . . . . . . . . . . . . . . . . . . . . . . . . (signature of county clerk)4. Before receiving his or her commission, each applicant shall submitto the county clerk a handwritten specimen of the applicant’s official signature which contains his or her surname and at least the initial of the applicant’s first name.5. Immediately after receiving the bond and official signature and witnessing the oath, the county clerk shall award to the applicant his or hercommission as a notary public.(L. 1977 H.B. 513 §§ 8, 9, A.L. 1981 H.B. 388, A.L. 2004 H.B. 1193)486.240. Failure of applicant to appear and qualify, effect of.—If theperson for whom a commission is issued fails to appear and qualify withinninety days after the commission is issued, the county clerk shall note thefailure on the commission and return it within thirty days of such failure tothe secretary of state. The secretary of state shall immediately cancel andannul the commission. The secretary of state may prohibit, for a period notless than thirty days and not more than one year, such person from reapplying for an appointment and commission as a notary public following thefailure to appear and qualify within ninety days after the commission isissued.(L. 1977 H.B. 513 § 10, A.L. 2004 H.B. 1193)486.245. Register of notaries to be kept—bond, signature and oathto secretary of state.—1. The county clerk shall keep a register, listing thename and address of each person to whom he awards a notary commissionand the date upon which he awards the commission. Within 30 days after7
receiving a bond, signature and oath, the county clerk shall forward thebond, signature and oath to the secretary of state by certified mail. Allsuch bonds, signatures and oaths shall be preserved permanently by thesecretary of state.2. The secretary of state shall maintain a database that includes, but isnot limited to, information that is contained on each notary's seal or anylost seal of a notary public.(L. 1977 H.B. 513 § 11, 2016 S.B. 932)Effective 1-1-78486.250. Powers of notary.—Each notary public is empowered to(1) Take acknowledgments;(2) Administer oaths and affirmations;(3) Certify that a copy of a document is a true copy of another document; and(4) Perform any other act permitted by law.(L. 1977 H.B. 513 § 12)Effective 1-1-78486.255. Notary disqualified, when.—1. For the purposes of this chapter, a notary public has a disqualifying interest in a transaction in connection with which notarial services are requested if he is named, individually,as a party to the transaction.2. No notary who has a disqualifying interest in a transaction may legallyperform any notarial act in connection with the transaction.(L. 1977 H.B. 513 § 12)Effective 1-1-78486.260. Notary to keep journal—exceptions.—Each notary publicshall provide and keep a permanently bound journal of his or her notarialacts containing numbered pages, except those notarial acts connected withjudicial proceedings, and those for whose public record the law providesand the public record is publicly filed within ninety days of execution. Eachnotary public shall record in such journal the following: the month, day,and year of notarization; the type of notarization such as acknowledgmentor jurat; the type of document; the name and address of the signer; theidentification used by the signer; the notary fee; and the signature of thesigner.(L. 1977 H.B. 513 § 14, A.L. 2004 H.B. 1193)486.265. Certified copy of notary record, when given, fee journal tobe kept.—Every notary shall keep a true and perfect record of his or her8
official acts in a permanently bound journal, except those connected withjudicial proceedings, and those for whose public record the law providesand the public record as defined in section 610.010, RSMo, is publicly filedwithin ninety days of execution. Every notary shall make and keep an exactminute, in a permanently bound journal kept by him or her for that purpose, of each of his or her official acts, except as herein provided. The journal is the exclusive property of the notary.(L. 1977 H.B. 513 § 15, A.L. 2004 H.B. 1193)486.270. Copies of notarial acts furnished on court order—fee.—Eachnotary public, upon written court order, shall furnish facsimiles of entriesmade in his journal of notarial acts or any other papers or copies relating tohis notarial acts, upon receipt of a fee of one dollar per 8 1/2 x 11 inch pageor part of a page.(L. 1977 H.B. 513 § 16)Effective 1-1-78486.275. Signature of notary required, when.—1. At the time of notarization a notary public shall sign his official signature on each notary certificate.2. If a signature or record is required to be notarized, acknowledged, verified, or made under oath, notwithstanding the provisions of section 486.285to the contrary, the requirement is satisfied if the electronic signature of theperson authorized to perform such acts, together with all other informationrequired to be included, is attached to or logically associated with the signature or record.3. The secretary of state shall promulgate rules to implement the provisions of this section. Any rule or portion of a rule, as that term is defined insection 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of theprovisions of chapter 536 and, if applicable, section 536.028. This sectionand chapter 536 are nonseverable, and if any of the powers vested with thegeneral assembly pursuant to chapter 536 to review, to delay the effectivedate, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adoptedafter August 28, 2016, shall be invalid and void.(L. 1977 H.B. 513 § 17, 2016 S.B. 932)Effective 1-1-78486.280. Printed information required on notary certificate.—Onevery notary certificate, a notary public shall indicate clearly and legibly, inprint not smaller than eight point type and by means of rubber stamp, typewriting or printing, so that it is capable of photographic reproduction:9
(1) His or her name exactly as it appears on the commission;(2) The words “Notary Public”, “State of Missouri”, and “My commission expires . (commission expiration date)”;(3) The name of the county within which he or she is commissioned;and(4) A commission number, provided that the notary public has beenissued a commission number by the secretary of state. Effective August 28,2004, the secretary of state shall issue a commission number for all newand renewal notary appointments.(L. 1977 H.B. 513 § 18, A.L. 2004 H.B. 1193)486.285. Seal, contents, form—application—property of notary.—1.(1) A manufacturer of a notary public's seal shall register with the secretary of state a
(4) Be able to read and write the English language; and (5) Not have had his commission revoked during the past ten years; or (6) In lieu of the requirements contained in subdivisions (1) to (5) of this subsection, a person who is appointed and commissioned a notary pub - lic pursuant to subsection 2 of this section may be appointed and commis -
Feb 28, 2005 · the notary stamp of a notary who will be employed during the hours of operation of the agent service. The owner of the agent service may be the notary. A card agent must be a notary. v If verification in lieu of notarization is used, then a notary is not required for agents with an 85, 86
The Notary Reference Guide provides the applicable notary stamp and/or notary embosser for each state (see Available Item Numbers column). Please note that there are 13 specific notary stamp Item Numbers from which to choose. It is unnecessary to add an upcharge or additional fee to the customer’s notary stamp purchase.
The notary public bond is not an insurance policy for the notary public. The bond is designed only to provide a limited source of funds for paying claims against the notary public. The notary public remains personally liable to the full extent of any damages sustained and may
"Notary" or "Notary Public" means an individual appointed and commissioned to perform a notarial act by the Secretary of State (C.R.S. 24-21-502(8)). A "Notarial Officer" means a notary public or other individual authorized to perform a notarial act (C.R.S. 24-21-502(7)).
Division of Revenue – New Jersey Notary Public Manual Page 1 NEW JERSEY NOTARY PUBLIC MANUAL (Revised January 29, 2021) Introduction The office of Notary Public is a vital public function. Notaries are called upon to perform many valuable services for New Jersey's business, legal and financial communities. Effective notary services help to
of services to the public, the charging of Notary fees, the safekeeping of Notary tools, and the consequences of the unauthorized use of a Notary seal, to name just a few. To help employers develop their own guidelines, the National Notary Association has created Corporate Best Practices, a mod
8-16-113. Title of notary public for the state of Tennessee. Any notary public fulfilling the requirements of this part shall be known as a notary public for the state of Tennessee, and the official signature of such notary public shall so indicate. 8-16-114. Seal of notary public
Feb 23, 2017 · (Notary Public Manual, 2016, Pg. 7) a. §456-6 Liabilities; limitations on; official bond. For the official misconduct or neglect of a notary public or breach of any of the conditions of the notary’s official bond, the notary and the surety on the notary’s official bond shall be li
