Most Notary regulations are in the Revised Statutes of Missouri 1986, Title XXXII, Chapter 486, Commissioners of Deeds and Notaries Public.

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1 Last Update: April 6, 2017 NOTARY ADMINISTRATION Contact Information Office of Secretary of State Commissions Division Kirkpatrick State Information Center P.O. Box 784 (600 W. Main St., Room 322) Jefferson City, MO Website: Notary Rules RSMo Revised Statutes of Missouri MNH Missouri Notary Handbook Most Notary regulations are in the Revised Statutes of Missouri 1986, Title XXXII, Chapter 486, Commissioners of Deeds and Notaries Public. Other guidelines are in the Missouri Notary Handbook (Updated January 2016), issued by the Secretary of State and available on the website. NOTARY SEAL A Missouri Notary Public must provide, keep, and use an official seal (RSMo ), and the seal s format must be as follows: Kind Black-Inked Rubber Stamp or Embosser: The seal must be either an engraved embosser seal or a black inked rubber stamp seal (RSMo [1]). Shape/Size State officials recommend that any inking seal be rectangular, though a circular inking seal is lawful. The embosser traditionally is circular. No size is specified for either. Type Size: The wording within a Notary seal must be affixed in print not smaller than eight-point type (RSMo [1]). Components Black-Inked Rubber Stamp: A rectangular inking seal must have the following information (RSMo [1] and MNH): 1. Notary s name, exactly as it appears on the commission; 2. Notary Public ;

2 3. Notary Seal ; 4. State of Missouri ; 5. Name of county where Notary is commissioned (or St. Louis City ); 6. My commission expires (date) ; 7. Notary s assigned commission number (required for commissions issued on or after August 28, 2004). NOTE: The Great Seal of the State of Missouri cannot be used on the notary stamp (MNH). Embosser: An embossing seal must contain the following information (RSMo [1]): 1. Notary s name, exactly as it appears on the commission; 2. Notary Seal ; 3. Notary Public ; 4. Notary s assigned commission number (required for commissions issued on or after August 28, 2004); 5. State of Missouri. Additional Information with Embosser: If an embosser seal is used, the Notary additionally must rubber stamp, typewrite or print clearly and legibly, in print not smaller than eight-point type so that it is capable of photographic reproduction, the following data on the notarial certificate portion of each document (RSMo and MNP): 6. Notary s name, exactly as it appears on the commission; 7. Notary Public ; 8. State of Missouri ; 9. Name of county where Notary is commissioned (or St. Louis City ); 10. My commission expires (date) ; 11. Notary s assigned commission number (required for commissions issued on or after August 28, 2004). The following is an example of a stamp format for the additional information required above: Richard A. Roe Notary Public State of Missouri Mississippi County My Commission Expires Jan 30, 2015 Commission # Legibility of Seal, Certificate The indentations made by the seal embosser or printed by the black inked rubber stamp seal shall not be applied on the notarial certificate or document to be notarized in a manner that will render illegible or incapable of photographic reproduction any of the printed marks or writing on the certificate or document (RSMo [2]). The illegibility of any of the information required by sections , and does not affect the validity of the transaction (RSMo ).

3 Seal Vendor Rules A manufacturer of a notary public s seal shall register with the secretary of state and communicate to the secretary of state when it has issued a seal to a person in this state. After such communication, the secretary of state shall approve any seal issued by the manufacturer within ten days. A copy of the notary s commission shall be maintained by such manufacturer. If a manufacturer violates the provisions of this subsection, the manufacturer shall be subject to a one thousand dollar fine for each violation (RSMo [1]). Lost or Stolen Seal Any notary public who loses or misplaces his or her official seal shall immediately provide written notice of the fact to the secretary of state. For a lost or misplaced official seal, upon receipt of the written notice, the secretary of state shall issue the notary a new commission number for the notary to order a new seal. The secretary of state may post notice on the secretary of state s website notifying the general public that the lost or misplaced notary seal and commission number of such notary is invalid and is not an acceptable notary commission number (RSMo [1]). If the notary s notary seal has been stolen, the notary shall immediately notify the secretary of state in writing to report the theft. Upon receipt of the written documentation, the secretary of state shall issue the notary a new commission number for the notary to order a new seal. The secretary of state may post notice on the secretary of state s website notifying the general public that the notary seal of such notary with the stolen commission number is invalid and is not an acceptable notary commission number (RSMo ). The date the seal was lost or stolen should be noted in the notary records. The notary may also want to contact their local police department and see if they require a police report to be filed for stolen goods (MNH). Unlawful Possession of Seal Every notary shall keep an official notarial seal that is the exclusive property of the notary and the seal may not be used by any other person or surrendered to an employer upon termination of employment (RSMo [3]). Any person who unlawfully possesses a notary s... official seal... is guilty of a misdemeanor and is punishable upon conviction by a fine not exceeding five hundred dollars (RSMo ). Official Signature of Notary At the time of notarization a notary public shall sign his official signature on each notary certificate (RSMo ).

4 Examples The above typical, actual-size examples of rubber stamp and embossing Notary seals are allowed by Missouri law. Other formats may also be permitted. NOTARY POWERS Missouri Notaries are authorized to perform the following notarial acts (RSMo and ): Take acknowledgments 1 and proofs 2 ; Administer oaths and affirmations 3 ; Certify true copies 4 ; Perform any other act permitted by law. 5 1 Acknowledgments: The Missouri Notary Handbook defines an acknowledgment as the act of admitting or recognizing the existence of an agreement by signing as evidence of one s intention that the agreement shall be binding and in full force and effect. All deeds or other conveyances of lands, or of any estate or interest therein, shall be subscribed by the party granting the same, or by his lawful agent, and shall be acknowledged or proved and certified in the manner herein prescribed (RSMo ). All officers within the state of Missouri now by the laws of this state authorized to take the proof or acknowledgment of any conveyance or other instrument in writing affecting real estate, shall have the power to take the proof or acknowledgment of any instrument in writing (RSMo [1]). An (acknowledged document) need not be signed in the notary s presence. However, the person who signed the (acknowledged document) must appear before the notary and acknowledge he or she is the signer and that he or she signed the original document (MNH). 2 Proofs: The proof of the execution of any instrument in writing, conveying real estate, or whereby any real estate may be affected in law or equity, shall be: (1) By the testimony of a subscribing witness; or (2) When all the subscribing witnesses are dead or cannot be had, by evidence of the handwriting of the party, and of at least one subscribing witness, given by at least two credible witnesses to each signature (RSMo ).

5 Under RSMo , an executing witness may prove by an affidavit signed and sworn to before a Notary that a document was signed by another person not present before the Notary at the time of notarization: As used in this section, the words executing witness means an individual who acts in the place of a notary. The executing witness may not be named individually as a party to the transaction or be related by blood or marriage to the principal signer (RSMo ). Absentee ballot forms may not be witnessed through an executing witness (Ops.Mo.Atty.Gen. No [Oct. 27, 1983]). 3 Oaths and Affirmations: As defined by the Missouri Notary Handbook, an oath is a solemn pledge or promise and an affirmation is a solemn statement, equivalent by law to an oath, but without religious significance or reference to a Supreme Being. If the notary certificate states Subscribed and sworn to/affirmed before me, etc., then the document must be signed by the signer in the presence of the notary. An oath or affirmation must be administered to the person whose signature the notary is notarizing. If a document is already signed when it is presented for notarization, the notary should ask the person to re-sign the document again in their presence (MNH). A spoken affirmation may be worded as follows (RSMo [2]): You do solemnly affirm, under the penalty of perjury, that the testimony you shall give in the matter in issue, pending between and, shall be the truth, the whole truth, and nothing but the truth. 4 Certifying Copies: A notary public may certify a facsimile of a document if he or she receives a signed written request stating that a certified copy or facsimile, preparation of a copy, or certification of a copy of the document does not violate any state or federal law... Each notary public shall retain a facsimile of each document he or she has certified as a facsimile of another document, together with other papers or copies relating to his or her notarial acts (RSMo [1] and [2]). DO NOT CERTIFY ANY COPIES OF DOCUMENTS WHICH STATE ON THE FACE OF THE DOCUMENT THEY CANNOT BE REPRODUCED. Birth certificates, death certificates, marriage licenses, divorce decrees and school documents (diplomas, transcripts) cannot be certified. Certified copies of these documents should be obtained from the issuing agency (MNH). Birth and death certificates should be obtained from the Missouri Department of Health and Senior Services, Bureau of Vital Records Vital Records will issue a certified copy of these MISSOURI records Marriage licenses can sometimes be obtained from the county recorder of deeds offices where they have been recorded for public record. Divorce decrees can sometimes be obtained from the circuit clerk where they have been filed. The recorder of deeds or circuit clerk will issue and sign the copy of the original document (MNH). 5 Other Authorized Acts: A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties (RSMo ). Identifying Acknowledgers and Witnesses No acknowledgment of a document affecting real estate may be taken unless the notarizing officer either (a) personally knows the acknowledger, or (b) bases the identification on at least two credible

6 witnesses (RSMo ). The names and places of residence of these credible witnesses must be inserted on the certificate (RSMo ). The state allows Missouri Notaries to rely on ID cards as a means to achieve the personal knowledge mentioned above in (a). The best form of identification is one that includes a photograph and signature. A valid driver s license is a good source of identification. The person can also be personally known to the notary or can be identified by an individual personally known to the notary (MNH). No proof by a subscribing witness shall be taken, unless such witness shall be personally known to at least one judge of the court, or to the officer taking the proof, to be the person whose name is subscribed to the instrument as a witness thereto or shall be proved to be such by at least two credible witnesses (RSMo ). Subpoena of Subscribing Witness Upon the application of any grantee in any instrument in writing required to be recorded or of any person claiming under such grantee, verified by the oath of the applicant, that any witness to such instrument residing in the county where such application is made refuses to appear and testify touching the execution thereof, and that such instrument cannot be proved without his evidence, any court or officer authorized to take the acknowledgment or proof of such instrument may issue a subpoena requiring such witness to appear before such court or officer and testify touching the execution thereof (RSMo ) Foreign-Language Documents Notarizing a foreign language document is not illegal; however, CAUTION should be used as the notary is dependent upon the signer to explain the contents. The notarization might invalidate the document if the document contains specific instructions to the notary as to placement of the notary seal. You may be perceived by your foreign constituent as doing more than merely witnessing signatures. You may want to suggest that your constituent find a notary who speaks the language. Perhaps the document could be translated and you could notarize the English translation. Many countries have foreign consulate offices. The offices can be found in the yellow pages of a phone book. One of the consulate s duties is to notarize documents destined for the home country. Most of these officials have the same powers as notaries public. If you are requested to notarize a document in another language, you will want to note this in your journal. If the notarial certificate is in another language and you can read the language, you may complete the notarial certificate. If you cannot read the notarial certificate, you should complete and notarize an English language notary certificate (MNH). Last Wills and Testaments According to statute, the provisions related to the acknowledgment and proof of instruments in writing affecting real estate shall not be construed as extending to last wills and testaments (RSMo ). NOTARY DON TS Disqualifying Interests A Notary individually named as a party to a transaction may not notarize for that transaction (RSMo ). A notary cannot notarize his or her own signature. A notary is to be an impartial witness (MNH).

7 Notarizing for Relatives: Missouri law does not forbid notaries from notarizing the signatures of relatives. However, if the notarized document was ever the subject of a court suit, a judge might determine the notary was not an impartial witness to the signing of the document. The Office of Secretary of State suggests that a notary not notarize documents for a spouse, parent, grandparent, brother, sister, niece, nephew, aunt, uncle, child or grandchild (MNH). Preparing Legal Documents A notary does not have the authority to prepare legal documents. All documents presented to a notary for notarization should have the correct form of notary certificate on them. A notary s duty is to perform the notarial act and complete the notarial certificate (MNH). False Advertising A Notary may not use false or misleading advertising wherein he or she represents or implies, by virtue of the title of notary public, that he or she has qualifications, powers, duties, rights, or privileges that he or she does not possess by law (RSMo [1][5]). Absentee Ballot by Executing Witness On October 27, 1983, the attorney general issued Opinion No , which states An executing witness, as provided for in Section , RSMo, is neither a notary public nor an officer authorized by law to administer oaths with the scope of Section , RSMo. Therefore, the affidavit of a person voting an absentee ballot may not be subscribed and sworn to before an executing witness (MNH). NOTARY SIGNING AGENTS Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Missouri. NOTARY FEES The maximum fees that a Missouri Notary may charge for a notarial act are (RSMo and ): 1. Notarizing a signature, whether by acknowledgment or jurat: $2 per signature; 2. Administering an oath or affirmation, apart from a jurat: $1 per person; 3. Certifying a copy: $2 per 8 1/2 -by-11-inch page ($1 per page if Notary journal copy requested by court order); 4. Any other notarial act: $1. Travel Fees A notary public may charge a travel fee, not to exceed the approved federal mileage rate and may charge an expedited convenience service charge not to exceed twenty-five dollars when traveling to perform a notarial act, provided that: 1. The notary explains to the person requesting the notarial act that the travel fee is separate from the notarial fee and is not specified or mandated by law; and 2. The notary and the person requesting the notarial act agree upon his or her fees in advance of the notary affixing his or her official seal (RSMo [6]).

8 Absentee Ballot No fee is allowed for notarizing an absentee ballot or absentee voter registration form (RSMo [4]). NOTARY CERTIFICATES Certificates for notarial acts authorized by Missouri law must be in print not smaller than eight-point type (RSMo ) and in substantially the following forms, any of which may be used for real estate transactions: Acknowledgment by Individual (RSMo [1]) State of Missouri, On this day of in the year 20 before me, (name of Notary), a Notary Public in and for said state, personally appeared (name of individual), known to me to be the person who executed the within (type of document), and acknowledged to me that he/she executed the same for the purposes therein stated. Acknowledgment by Individual (RSMo [1]) The following certificate may be used for documents affecting real estate, with the names and residences of any credible witnesses also noted on the certificate: State of Missouri, On this day of, 20, before me personally appeared (name of signer[s]), to me known to be the person (or persons*) described in and who executed the foregoing instrument, and acknowledged that he/she/they executed the same as his/her/their free act and deed. * When a married woman unites with her husband in the execution of any... instrument, and acknowledges the same in one of the forms in (RSMo ), she shall be described in the acknowledgment as his wife, but in all other respects her acknowledgment shall be taken and certified as if she were sole; and no separate examination... shall be required (RSMo [4]). Acknowledgment through Affidavit of Executing Witness (RSMo ) The affidavit of executing witness for acknowledgment by an individual who does not appear before a notary shall be in type not smaller than eight-point and in substantially the following form (RSMo ):

9 State of Missouri, I, (name of executing witness), do solemnly affirm under the penalty of perjury, that (name of person who does not appear before a Notary), personally known to me, has executed the within (type of document) in my presence, and has acknowledged to me that he/she executed the same for the purposes therein stated and requested that I sign my name on the within document as an executing witness. (signature of executing witness) Subscribed and affirmed before me this day of, 20. Acknowledgment by Partner (RSMo [2]) State of Missouri, On this day of in the year 20 before me, (name of Notary), a Notary Public in and for said state, personally appeared (name of partner) of (name of partnership), known to me to be the person who executed the within (type of document) in behalf of said partnership and acknowledged to me that he/she executed the same for the purposes therein stated. Acknowledgment by Corporation (RSMo [3]) State of Missouri, On this day of in the year 20 before me, (name of Notary), a Notary Public in and for said state, personally appeared (name of officer), (title of officer: president, vice president, etc.), (name of corporation), known to me to be the person who executed the within (type of document) in behalf of said corporation and acknowledged to me that he/she executed the same for the purposes therein stated.

10 Acknowledgment by Corporation or Joint Stock Association (RSMo [3]) The following certificate may be used for documents affecting real estate, with the names and residences of credible witnesses also noted on the certificate: State of Missouri, On this day of, 20, before me appeared, to me personally known, who, being by me duly sworn (or affirmed) did say that he/she is the president (or other officer or agent of the corporation or association), of (describing the corporation or association), and that the seal* affixed to the foregoing instrument is the corporate seal of said corporation (or association), and that said instrument was signed and sealed in behalf of said corporation (or association) by authority of its board of directors (or trustees), and said acknowledged said instrument to be the free act and deed of said corporation (or association). * If the corporation or association has no corporate seal, omit the words the seal affixed to the foregoing instrument is the corporate seal of said corporation (or association), and that and the words and sealed, and add at the end of the affidavit clause the words and that said corporation (or association) has no corporate seal (RSMo [2]). Acknowledgment by Attorney in Fact for Principal or Surety (RSMo [4]) State of Missouri, On this day of in the year 20 before me, (name of Notary), a Notary Public in and for said state, personally appeared (name of attorney in fact), Attorney In Fact for (name of principal or surety), known to me to be the person who executed the within (type of document) in behalf of said principal (or surety), and acknowledged to me that he/she executed the same for the purposes therein stated. Acknowledgment by Public Officer, Deputy, Trustee, Administrator, Guardian or Executor (RSMo [5]) State of Missouri, On this day of in the year 20, before me, (name of Notary), a Notary Public in and for said state, personally appeared (name of person), (person s official title), known to me to be the person who executed the within (type of

11 document) in behalf of (public corporation, agency, political subdivision or estate) and acknowledged to me that he/she executed the same for the purposes therein stated. Acknowledgment by U.S. Citizen Outside United States (RSMo [6]) (Description or location of place where acknowledgment is taken) On this day of, in the year 20, before me, (name and title of person acting as a Notary, with reference to law or authority granting power to act as a Notary), personally appeared (name of citizen), known to me to be the person who executed the within (type of document) and acknowledged to me that he/she executed the same for the purposes therein stated. (NOTARY S SIGNATURE AND SEAL, WITH REFERENCE TO LAW OR AUTHORITY GRANTING POWER TO NOTARIZE) Acknowledgment by Individual Who Cannot Write Name (RSMo [7]) State of Missouri, On this day of in the year 20, before me, (name of Notary), a Notary Public in and for said state, personally appeared (name of individual), known to me to be the person who, being unable to write his/her name, made his/her mark in my presence. I signed his/her name at his/her request and in his/her presence on the within (type of document) and he/she acknowledged to me that he/she made his/her mark on the same for the purposes therein stated. Acknowledgment by Manager or Member of Limited Liability Company (RSMo [8]) State of Missouri, On this day of in the year 20, before me, (name of Notary), a Notary Public in and for said state, personally appeared (name of manager or member) of (name of limited liability company), known to me to be the person who executed the within (type of document) in behalf of said limited liability company and he/she acknowledged to me that he/she executed the same for the purposes therein stated.

12 Acknowledgment before Commissioned Military Officer (RSMo [3]) With the Armed Forces ) of the United States ) ss at ) On this day of, A.D. 20, before me, a commissioned officer of the armed forces of the United States, on active duty therewith, personally appeared, a member of the armed forces of the United States, on active duty therewith, (and, [his wife, her husband],) to me known to be the person described in and who executed the foregoing instrument, and acknowledged that executed the same as free act and deed. (The said declared to be single and unmarried.) IN TESTIMONY WHEREOF, I have hereunto set my hand and grade (serial number, branch of service, and permanent mailing address). (Signature & Serial Number) (Grade) (Branch of Service: Army, Navy, etc.) (Permanent mailing address) Jurat (MNH) State of Missouri County of Subscribed and sworn to before me this day of, in the year 20. Affirmation in Writing (RSMo [1]) Affirmations shall be in type not smaller than eight-point and in substantially the following form (RSMo [1]): State of Missouri Subscribed and affirmed before me this day of, 20. Certification of Facsimile (RSMo [3]) The certification of a facsimile shall be in type not smaller than eight-point and in substantially the following form (RSMo [3]):

13 State of Missouri, I, (name of Notary), a Notary Public in and for said state, do certify that on (date) I carefully compared the attached facsimile of (type of document) and the facsimile I now hold in my possession. They are complete, full, true and exact facsimiles of the document they purport to reproduce. ELECTRONIC NOTARIZATIONS The state of Missouri has not yet adopted statutes or regulations expressly establishing rules, definitions and procedures for electronic notarization. Uniform Electronic Transactions Act Repealing its former Digital Signatures Act, Missouri in 2003 adopted the Uniform Electronic Transactions Act (RSMo through ), including the section on notarization (RSMo ), and thereby recognized the legal validity of electronic signatures used by Notaries: If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. Physical Seal Not Required In a law, which took effect August 28, 2016, an amendment to RsMo clarifies that in notarizing an electronic record the provisions of RsMo , requiring an embossed seal black-ink rubber stamp seal to be used on a document being notarized, do not apply: If a signature or record is required to be notarized, acknowledged, verified, or made under oath, notwithstanding the provisions of section to the contrary, the requirement is satisfied if the electronic signature of the person authorized to perform such acts, together with all other information required to be included, is attached to or logically associated with the signature or record (RSMo (2). NOTARY RECORDS Every Missouri Notary must provide and keep a permanently bound journal of his or her notarial acts containing numbered pages (RSMo ). This must be a true and perfect record of his or her official acts (RSMo ). An entry must be made for each act, except those notarial acts connected with judicial proceedings, and those for whose public record the law provides and the public record is publicly filed within ninety days of execution (RSMo ). (NOTE: A public record is any record, whether written or electronically stored, retained by or of any public governmental body [RSMo ].)

14 Required Entries The following entries are required for each notarial act (RSMo ): 1. The month, day and year of notarization; 2. The type of notarization (e.g., acknowledgment or jurat); 3. The type of document notarized; 4. The name, signature and address of the signer; 5. The identification used to identify the signer; 6. The fee charged for the notarization. Foreign-Language Document: If you are requested to notarize a document in another language, you will want to note this in your journal (MNH). Copy Certification The Notary must keep a copy of each facsimile certified (RSMo [2]), in addition to recording a journal entry for the certification (MNH). Copies of Journal and Records Each notary public, upon written court order, shall furnish facsimiles of entries made in his journal of notarial acts or any other papers or copies relating to his notarial acts, upon receipt of a fee of one dollar per 8 1/2-x-11-inch page or part of a page (RSMo ). Lost or Stolen Journal Any notary public who loses or misplaces his journal of notarial acts shall forthwith mail or deliver notice of the fact to the secretary of state (RSMo ). The date the journal was lost or stolen should be noted in the notary records. The notary may also want to contact their local police department and see if they require a police report to be filed for stolen goods (MNH). Unlawful Possession The journal is the exclusive property of the notary (RSMo ). Any person who unlawfully possesses a notary s journal is guilty of a misdemeanor and is punishable upon conviction by a fine not exceeding five hundred dollars (RSMo ). AUTHENTICATION OF NOTARIAL ACTS Secretary of State Certificates authenticating the acts of Notaries (including apostilles) are issued only by the Commissions Division of the Secretary of State s office (RSMo ). Fee: $10 per certificate; payable to the Director of Revenue. A law effective August 28, 2002, limits the state s allowable fee for processing certain adoption documents to $100 per child per adoption, or per multiple children adopted at the same time (MNH).

15 Regular Mail: Office of Secretary of State Commissions Office P.O. Box 784 Jefferson City, MO In Person or Express Mail: Office of Secretary of State Commissions Office James C. Kirkpatrick State Info Center 600 W. Main St., Room 322 Jefferson City, MO Telephone: Procedure: Mail or present the original notarized document, along with the fee. Indicate the country to which the notarized document will be sent. Include a return address and a contact phone number and address. Documents will be returned by regular mail unless there is a prepaid envelope or addressed airbill included with the documents. The Secretary of State s office is pleased to forward documents directly to a third party if a stamped addressed envelope to the third party is enclosed with the letter of request. If the third party is a consulate or embassy for the country requiring the documents, it is practical to include a letter of instruction to them with their fees (MNH). Branch Offices: Authenticating certificates (including apostilles) for a Missouri Notary can also be obtained at any of the Secretary of State s three branch offices (MNH): 815 Olive St., Suite 210 St. Louis, MO Telephone: E. 13th St., Room 513 Kansas City, MO Telephone: Park Central Sq., Suite 624 Springfield, MO Telephone: School Documents: The face of a diploma should not be altered by the registrar or notary. The registrar or other authority of the school must sign a statement, which is typed on the BACK of the diploma or transcript. The wording in this statement says that the diploma or transcript is either the original record issued by the school or a copy of the original document issued by the school and the date it was issued. The signature of the school official is witnessed by a notary public. The notary states that he/she saw the school official sign the document. If the school does not issue a diploma for foreign students, a notarized letter from the registrar or other school authority must be given to the student. The letter must state that the student has completed

16 the requirements for graduation from that school, but the school does not issue diplomas for foreign students. The letter is notarized in the same manner as other notarized school documents (MNH). COMMISSIONING AND ADMINISTRATION The Missouri Secretary of State appoints, commissions, regulates and maintains records on the state s Notaries (RSMo ). A Missouri Notary Public is not a public officer within the meaning of articles VII of the Missouri Constitution (RSMo [3]). A Notary s bond, signature and oath are permanently retained by the Secretary of State. These items are mailed to this office within 30 days of receipt by the county clerk (RSMo ). Applying for Commission Qualifications: An applicant for a commission as a Missouri Notary Public must: (a) be at least 18 years old, (b) be a registered voter of the county in which the applicant seeks to be commissioned, or a permanent resident alien of the United States, (c) legally reside in the county in which the applicant seeks to be commissioned, (d) be able to read and write the English language and (e) not have had a commission revoked within the past 10 years (RSMo [1]). A nonresident applicant, in addition, must be employed in Missouri, use the Notary seal only in the course of employment, have a work address in the county in which commissioning is sought and authorize the Missouri Secretary of State to accept services of process or other legal notifications on their behalf (RSMo [2]). According to Missouri law, a person convicted of a felony may not be able to become a notary public (MNH). Both resident and nonresident applicants must also indicate on their application whether or not they have ever been convicted or pled guilty or nolo contendere to any felony, or to any misdemeanor incompatible with the duties of a notary public, and, if so, they must attach a list of these convictions or pleas of guilt or nolo contendere (MNH). Training: Prior to submitting an application, the applicant must read the Missouri notary public handbook and complete a computer-based notary training or other notary training in a manner prescribed by the secretary of state (RSMo [6]). The course may be taken online or downloaded and completed by hand. Essentially, the course is an examination with 30 multiple-choice questions. If taken online, the exam will be available for up to 90 days from the date that the applicant starts the exam. After completing all questions, the exam results will be scored. A passing score is 25 or more correct answers. The answers and statutory references for each question are provided. If downloaded and completed by hand, applicants must write the name as it appears on their application and attach the exam to the completed application. New and renewal commission applicants must take the exam. Application: The application for a commission may be completed online or submitted to the Secretary of State by mail. Instructions for applying online or by mail may be found on the Secretary s website (under How to Become a Notary ). If completed online, the system will automatically enter the applicant s training certificate number in the space provided on the web form and prompt the applicant to upload any additional documentation required to process the application, such as a copy of a permanent resident card (for applicants who are permanent resident aliens). Payment of the $25 fee may be paid by credit/debit card ($1.25 additional) or echeck ($.50 additional). If completed by hand and mailed, a certificate showing completion of state-approved Notary training (or a completed Written Notary Training Course examination form) and, if the applicant is a

17 permanent resident alien, a copy of the applicant s green card (RSMo [3] and [1], [2] and [6]) must be attached to the application along with a check for $25 payable to the Secretary of State. Appearance before County Clerk: The Secretary of State will mail the new commission to the appropriate county clerk (RSMo ). The new Notary will be notified by mail that he or she has 90 days to appear in person before this clerk (RSMo ). When the Notary appears, he or she must present a $10,000 surety bond, take the oath of office, and submit a signature specimen, after which the county clerk will present the commission to the Notary (RSMo ). The county clerk will then forward the bond, oath and signature specimen to the Secretary of State (RSMo ). Within the City of St. Louis, the circuit clerk performs the functions of a county clerk in regard to Notaries (RSMo [2]); within the County of St. Charles, it is the office of the county registrar. Nonresidents: Persons residing in other states but working in Missouri may become Missouri Notaries. For further details, see Qualifications, above. If the notary is presently commissioned as a non-resident notary public and they move into Missouri, the notary may immediately be appointed and commissioned as a notary upon becoming a resident. The notary will need to return their nonresident notary certificate with a request to cancel that commission, along with a completed reapplication as a resident, proof of training and the $25 fee for issuing another commission (MNH). Reapplications: Notaries are not automatically reappointed when their current commissions expire, but must reapply for a new commission every four years. Applications for recommissioning should be submitted no earlier than six weeks prior to the Notary s current commission expiration (MNH). Online Search: A search of Missouri s list of current Notaries may be conducted on the Secretary of State s website. Searches may be done by Notary name (last name and at least the first letter of the first name), county, or both Notary name and county (website, Search for a Notary Public ). Among the information provided are the Notary s commission starting and expiration dates. Changes of Status Address Change: For any change of residence address, in or out of the county in which the Notary is commissioned, a Notary must inform the Secretary of State within 30 days of the change. If the change of address is within the Notary s county, the Notary must submit a completed Application for Notary Change of Address In Same County. In the case of a change in county, the Notary must be issued an amended commission and must submit a completed Application for Amended Commission as a Notary Public: Change of Name or Change of County ; along with the application, the Notary must submit the current commission certificate and a $5 fee payable by check or money order to the State Director of Revenue (RSMo and ). For a county change, (t)he notary must be a registered voter in their new county before submitting the application The notary will need to check with the entity that issued their bond as to whether they will need a rider. If a rider is needed, a copy of that rider must be sent to (the Secretary of State s) office If the notary is using a seal containing the county name, a new seal reflecting the new county of residence must be purchased and used (MNH). Nonresident Employer Address Change: Out-of-state residents who are Notaries must inform the Secretary of State of a change in their employer and/or county of employment within 30 days. As applicable, the Notary must submit either a completed Application for Change of Employer: Non- Resident Notaries (Same County of Employment) or a completed Application for Amended

18 Commission as a Notary Public: Change of Employer County (Non-Resident Notaries Only). If there is a change of county, the Notary must submit the current commission certificate and a $5 fee with the application (MNH). Name Change: Notaries who change their legal name must, within 30 days of the change, obtain a rider for their bond (if required) and notify the Secretary of State. Such Notaries must be issued an amended commission and therefore must submit a completed Application for Amended Commission as a Notary Public: Change of Name or Change of County. Along with the application, the Notary must submit any required bond rider, the current commission certificate and a $5 fee payable by check or money order to the State Director of Revenue. The Secretary of State will notify the appropriate county clerk of the name change. The Notary must also obtain a new seal (stamp and/or embosser) with the new name on it (RSMo and MNH). Resignation: Notaries who resign their commissions must notify the Secretary of State in writing (RSMo ). They also must surrender their commission certificate. The notary is not required to state a reason for resigning (MNH). If a notary public resigns following the receipt of a complaint by the secretary of state regarding the notary public s conduct, the secretary of state may deny any future applications by such person for appointment and commission as a notary public (RSMo ). COUNTY CLERKS Though Missouri county clerks maintain a register of local Notaries that lists the name and address of each person to whom a commission was awarded (RSMo ), anyone seeking proof of the authority of a Missouri Notary Public should contact the Commissions Division. OTHER NOTARIAL OFFICERS Court Officers Judges, justices and clerks of a court having a seal may take acknowledgments and proofs (RSMo [1]) and may administer oaths and affirmations (RSMo ). Shorthand Reporters Certified court and shorthand reporters have authority to administer oaths and affirmations in performing their duties (RSMo ). Commissioners of Deeds The Governor of Missouri may appoint and commission commissioners of deeds to operate in other states, territories, districts and countries in order to notarize documents to be used or recorded in Missouri. Their powers include taking acknowledgments and proofs, administering oaths, and taking and certifying depositions and interrogatories. They also have power to certify to the official character, signature or seal of any officer within their district, who is authorized to take acknowledgments or declarations under oath. They may collect the same fees as clerks of courts of record (RSMo through ). No Automatic Notary Powers for Attorneys Though a statute effective in August of 2005 redefines the term Notary Public as any person appointed and commissioned to perform notarial acts, including any attorney licensed to practice in this

19 state (RSMo [5]), this provision is not currently interpreted by the Missouri Secretary of State to give attorneys automatic notarial powers. Just like any other person seeking a Notary commission, attorneys must formally make application to the Secretary of State and comply with all qualifying requirements, including the requirement to take a course of instruction on notarial duties (website, Attorneys as Notaries Public ). QUICK FACTS Notary Jurisdiction Statewide (RSMo ). Nonresident Jurisdiction: Missouri Notaries who are nonresidents may notarize only in the course of their employment in Missouri (RSMo [2][2]). Notary Term Length Four years (RSMo ). Acting After Expiration: Any person who acts as a notary public while not lawfully appointed and commissioned is guilty of a misdemeanor and punishable upon conviction by a fine or by imprisonment or both (RSMo ). Notary Bond $10,000, with a company qualified to write surety bonds in Missouri (RSMo ). Employer Liability: The employer of a notary public is also liable to the persons involved for all damages proximately caused by the notary s official misconduct, if: (1) The notary public was acting within the scope of his employment at the time he engaged in the official misconduct; and (2) The employer consented to the notary public s official misconduct (RSMo ) National Notary Association