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Qualifications: “An applicant for a commission as a notary public must:
“(a) Be at least eighteen (18) years of age;
“(b) Be a citizen or permanent legal resident of the United States;
“(c) Be a resident of Mississippi for not less than thirty (30) days immediately preceding the date of the application;
“(d) Be able to read and write English;
“(e) Not be disqualified to receive a commission under Section 25-34-43; and
“(f) Meet such other requirements as the Secretary of State may establish by rule” (MCA 25-34-41[2]).Course: Not required.
Exam: Not required.
Application: The application must include both the applicant’s legal and commission name. The commission name “must contain their surname, and at least the initials of the applicant’s first and middle name” (1 Miss. Admin. Code Pt. 5, R. 50.2.4.D).
The Mississippi Administrative Code has detailed rules on how an applicant signs the application: “The applicant’s signature on the application must match the applicant’s name as provided on the application. The applicant must use a legible handwritten signature which can be attributed to the applicant by anyone examining or authenticating the signature. If an applicant’s preferred signature is not legible, so that the name on the application cannot be discerned from the signature alone, the applicant must also legibly print his name immediately adjacent to his preferred signature. For the purposes of this subsection, a signature is legible if the letters are distinct and easily readable and the notary public’s full name may be determined by looking at the signature” (1 Miss. Admin. Code Pt. 5, R. 50.2.4.C).
The application must include evidence of a surety bond or its functional equivalent (see “Bond,” below), payment of a $25 application fee and a signed and notarized oath of office (see “Oath,” below).Background Screening: Not required.
Pre-Commission Document: “Where an application is submitted without a bond, the Secretary of State may provide the applicant a pre-commission document indicating the starting and ending dates for use in purchasing a bond” (1 Miss. Admin. Code Pt. 5, R. 50.2.4.E).
Name of Notary Public: The Mississippi Administrative Code contains detailed rules, provided below, on the exact nature of the name of the Notary Public.
“Whenever the [RULONA] and this chapter refer to the name of a notary public, the reference is to the legal name of the notary public as it appears on the notary public’s current commission and oath of office” (1 Miss. Admin. Code Pt. 5, R. 50.5.1.A).
“For the purposes of this chapter, the legal name on the notary public commission and oath of office must be proven by satisfactory evidence in accordance with Section 13 of the act (relating to identification of individual). Unless proven otherwise, the name of a notary public consists of any one of the following:
“1. A first personal name (first name), additional name or initial (middle name or initial), and surname (family or last name).
“2. A first name and last name, omitting the middle name or middle initial.
“3. A first initial, middle name and last name” (1 Miss. Admin. Code Pt. 5, R. 50.5.1.B).
“Neither initials alone nor nicknames will be accepted on the application or as part of the signature required on a notarial act” (1 Miss. Admin. Code Pt. 5, R. 50.5.1.C).
“The name of a notary public may include suffixes such as Junior, Senior, II, III, IV or any abbreviations thereof. The name of a notary public may not include prefixes, suffixes, or titles such as ‘Doctor,’ ‘Reverend,’ ‘Esquire,’ or any abbreviations thereof” (1 Miss. Admin. Code Pt. 5, R. 50.5.1.D).Oath: “Before issuance of a commission as a notary public, an applicant for the commission must execute the oath of office prescribed by Section 268 of the Constitution and submit it to the Secretary of State” (MCA 25-34-41[3]).
“Every applicant must take the oath of office prescribed by Section 268 of the Mississippi Constitution in the presence of a notary public of the State of Mississippi. The oath shall be submitted on forms provided by the Secretary of State” (1 Miss. Admin. Code Pt. 5, R. 50.2.5.A).
“Before taking the oath of office or registering an official signature, an applicant shall present satisfactory evidence of the applicant’s identity as set forth in [MCA 25-34] Section 11 … (relating to identification of individual)” (1 Miss. Admin. Code Pt. 5, R. 50.2.5.B).Nonresidents: MCA 25-34-41(2)(c) cited under “Qualifications,” above clearly requires a person to be a resident of Mississippi for 30 days prior to the date on the application for a commission. Also, an administrative rule corroborates this by saying, “Notary publics (sic) who cease to reside in this State or who become permanently unable to perform their notarial duties shall resign their commissions“ (1 Miss. Admin. Code Pt. 5, R. 050.13.B). Nevertheless, another administrative rule confusingly states, “If a notary public does not reside in this State, that notary public will be deemed to have resigned from the office of notary public as of the date the residency ceases or employment within this State terminates (emphasis added)” (1 Miss. AdmAdminAdmin. . Code Pt. 5, R. 050.2.2). We believe this latter rule reflected prior law which permitted an applicant who was not a state resident but who had a place of employment in Mississippi to obtain a Notary commission and should be revised.
U.S. Government Employees: “Individuals who are employed by the legislative, executive, or judiciary branch of the United States government but who are neither elected nor appointed to office are eligible for appointment and commission as a notary public” (1 Miss. Admin. Code Pt. 5, R. 050.2.1).
Reappointment: “A. A current notary public may submit an application for reappointment ninety (90) days prior to the expiration of an existing commission. The date of the new commission shall be the date immediately after the expiration date of the current commission.
“B. Applications for reappointment to the office of notary public must be filed at least sixty (60) calendar days prior to the expiration of the commission under which the notary public is acting” (1 Miss. Admin. Code Pt. 5, R. 050.2.6).No Immunity or Benefit: “A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by the laws of this state on public officials or employees” (MCA 25-34-41[6]).
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