Mississippi - U.S. Notary Reference

Last Update: December 19, 2024

Notary Jurisdiction

Statewide (MCA 25-34-21[1[a]; 1 Miss. Admin. Code Pt. 5, R. 50.5.5.4).

Notary Term

Four years from the date of the commission (MCA 25-34-41[5]); 1 Miss. Admin. Code Pt. 5, R. 50.2.2.7.A).

Notary Bond

$5,000 (MCA 25-34-41[4]; 1 Miss. Admin. Code Pt. 5, R. 50.2.2.4).

Notary Seal

Required (MCA 25-34-33[1]); 1 Miss. Admin. Code Pt. 5, R. 50.3.3.1).

Notary Journal

Required (MCA 25-34-37[1]).

Go to top.

Commissioning Official

The Secretary of State commissions, regulates, and maintains records on Notaries (MCA 25-34-41[1]).

Contact Information

1. Address: Office of Secretary of State
   Business Services Division
   Notary Section
   P.O. Box 136
   (125 S. Congress Street)
   Jackson, MS 39205-0136

2. Phone: 601-359-1615
   800-256-3494

3. Website: https://www.sos.ms.gov/business-services/notaries-apostilles

Laws, Rules and Guidelines

1. Laws

   1. Mississippi Code 1972 Annotated: Statutes regulating the state’s Notaries are in the Mississippi Code Annotated (MCA): Title 25, Chapter 34, “Revised Uniform Law on Notarial Acts” (RULONA); MCA Title 89, Chapter 3, “Acknowledgments.”

   2. Citations: Citations to the Code in this chapter follow this convention: MCA, title, chapter, section, and any paragraph within the section, if applicable, in brackets. Example: MCA 25-34-15[d].

2. Rules

   1. Mississippi Administrative Code: Rules implementing the RULONA may be found in the Mississippi Administrative Code (Miss. Admin. Code): Title 1, Chapter 50, Part 5, “Business Services — Notaries Public.”

   2. Citations: Citations to the Code in this chapter follow this convention: Title, Miss. Admin. Code, part number, rule number. The rule number consists of the chapter number within the title, subchapter within the chapter, rule number, and any paragraph and subparagraph within the rule number, if any, separated by periods. Example: 1 Miss. Admin. Code Pt. 5, R. 50.2.2.3.D.

Go to top.

Commission Process

1. 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]).

2. Course: Not required.

3. Exam: Not required.

4. Application

   1. Legal and Commission Name: 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. 50.2.2.3.D).

   2. Signature: 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. 50.2.2.3.C).

   3. Fee: The application fee is $25 application fee.

   4. Notarized Oath of Office: The oath of office (see “Oath,” below), must be signed by the applicant and notarized by another Notary Public.

   5. Certificate of Commission: Upon approval, the Secretary of State will email the new Notary’s commission certificate to the email address of record.

5. Background Screening: Not required.

6. 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. 50.2.2.3.E).

7. Name of Notary Public: The Mississippi Administrative Code contains detailed rules, provided below, on the exact nature of the name of the Notary Public.

   1. Legal Name: “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. 50.5.5.1.A).

      1. Legal Name Elements: “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. 50.5.5.1.B).

      2. Initials and Nicknames Alone: “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. 50.5.5.1.C).

      3. Proven by Satisfactory Evidence: “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)” (1 Miss. Admin. Code Pt. 5, R. 50.5.5.1.C).

   2. Name Suffixes: “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. 50.5.5.1.D).

8. 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. 50.2.2.5.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. 50.2.2.5.B).

9. Nonresidents: MCA 25-34-41(2)(c) cited under “Qualifications,” above 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. Admin. 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.

10. 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).

11. Reappointment

    1. Maximum Filing Timeframe: “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” (1 Miss. Admin. Code Pt. 5, R. 050.2.6.A).

    2. Minimum Filing Timeframe: “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.B).

12. 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]).

Registration to Perform In-Person Electronic Notarial Acts

1. Requirement: “A notary public seeking to perform notarial acts with respect to electronic records must file an additional registration with the Secretary of State subsequent to being granted a notary commission” (MCA 25-34-39[3]).

2. Qualifications: “A notary public who wishes to perform electronic notarization using an electronic notarization system that meets the requirements of the Act and these Rules must:
   “1. hold a current and unrestricted commission;
   “2. submit an additional application on a form prescribed by the Secretary of State for performing in-person electronic notarial acts; and
   “3. receive proof that the additional application to perform in-person electronic notarial acts has been approved by the Secretary of State” (1 Miss. Admin. Code Pt. 5, R. 50.8.8.1.A).

3. Renewal: “The renewal of the commission of a notary public who has previously qualified to perform in-person electronic notarizations under this section constitutes renewal of the notary public’s commission without the necessity of submission of another electronic notarization application under this section” (1 Miss. Admin. Code Pt. 5, R. 50.8.8.1.B).

Online Search

“Notary Public Search” is available on the Secretary of State’s website. Notaries may be searched by name, city, county and employer. Results provide the Notary’s telephone number, employment address, county, identification number and commission expiration date (website, “Notary Public Search”).

Jurisdiction

“A notarial act may be performed in this state by … [a] notary public of this state” (MCA 25-34-21[1][a]).

“A notary public may perform the notarial acts authorized by the act in any county in this State” (1 Miss. Admin. Code Pt. 5, R. 050.5.4.A).

Term Length

“On compliance with [MCA 25-34-41], the Secretary of State shall issue a commission as a notary public to an applicant for a term of four (4) years” (MCA 25-34-41[5]).

“The term of a notary public commission shall expire on the expiration date of the notary public’s surety bond, no more than four (4) years after the commission date” (1 Miss. Admin. Code Pt. 5, R. 050.2.7.A).

Bond

1. Requirement: “Before issuance of a commission as a notary public, the applicant for a commission must submit to the Secretary of State an assurance in the form of a surety bond or its functional equivalent in the amount of Five Thousand Dollars ($5,000.00) pursuant to the rules set forth by the Secretary of State. The assurance must be issued by a surety or other entity licensed by the Mississippi Department of Insurance. The assurance must cover acts performed during the term of the notary public’s commission and must be in the form prescribed by the Secretary of State. If a notary public violates a law with respect to notaries public in this state, the surety or issuing entity is liable under the assurance” (MCA 25-34-41[4]).

2. Filing Timeframe: “If you do not submit your bond within (60) sixty days, your application will be in lapse status and applicant will have to start the notary process again” (website, “Application for Notary Public Commission”

3. Canceling Bond: The surety or issuing entity must give thirty (30) days’ notice to the Secretary of State before canceling the assurance. The surety or issuing entity must notify the Secretary of State not later than thirty (30) days after making a payment to a claimant under the assurance. A notary public may perform notarial acts in this state only during the period that a valid assurance is on file with the Secretary of State” (MCA 25-34-41[4]).

Changes of Status

1. Address Change

   1. Filing Requirement, Timeframe: “A notary public shall notify the Secretary of State within thirty (30) calendar days of any change in the information on file with the Secretary of State, including the notary public’s … [o]ffice address (includes place of employment or practice in this State, if not a resident of this State) [and] …[h]ome address” (1 Miss. Admin. Code Pt. 5, R. 050.5.2.A).

   2. Form: “The notice may be made in writing or electronically and must state the effective date of the change” (1 Miss. Admin. Code Pt. 5, R. 050.5.2.B). There is an “Application for Notary Public Change of Address” available for download on the Secretary of State’s website.

   3. New Seal: A new seal or stamp must be obtained that shows the Notary’s new county of residence (website, “FAQs”).

   4. Fee: The fee for filing an application for change of address is $20 (website, “Full Listing of all Current Notary Forms”).

2. Name Change

   1. Filing Requirement, Timeframe: “A notary public shall notify the Secretary of State within thirty (30) calendar days of any change in the information on file with the Secretary of State, including the notary public’s … [l]egal name” (1 Miss. Admin. Code Pt. 5, R. 050.5.2.A).

   2. Form: “The notice may be made in writing or electronically and must state the effective date of the change” (1 Miss. Admin. Code Pt. 5, R. 050.5.2.B).
      “Notice of a change in legal name on file with the Secretary of State must be on a form prescribed by the Secretary of State and accompanied by evidence of the name change (such as a marriage certificate, court order or divorce decree)” (1 Miss. Admin. Code Pt. 5, R. 050.5.2.C).

   3. Bond Rider: A notice of a change in legal name must be accompanied by a bond rider from the bonding company amending the notary bond, and the prescribed fee for a name change which provides a duplicate notary certificate showing the new name” (1 Miss. Admin. Code Pt. 5, R. 050.5.2.C).

   4. Fee: The fee for filing an application for change of name is $20 (website, “Full Listing of all Current Notary Forms”).

   5. New Seal: A Notary who files a name change application must obtain a new stamping device in the new name (website, “FAQs”).

3. Electronic Notarization Vendor: “A notary public shall notify the Secretary of State within thirty (30) calendar days of any change in the information on file with the Secretary of State, including the notary public’s … [n]name of electronic notarization vendor” (1 Miss. Admin. Code Pt. 5, R. 050.5.2.A).
   “The notice may be made in writing or electronically and must state the effective date of the change” (1 Miss. Admin. Code Pt. 5, R. 050.5.2.B).

4. Resignation

   1. Filing Requirement, Timeframe: “A notary public shall notify the Secretary of State within thirty (30) calendar days of any change in the information on file with the Secretary of State, including the notary public’s … [v]oluntary resignation” (1 Miss. Admin. Code Pt. 5, R. 050.5.2.A).

   2. Form: “The notice may be made in writing or electronically and must state the effective date of the change” (1 Miss. Admin. Code Pt. 5, R. 050.5.2.B). A “Notice of Notary Resignation or Death” available for download on the Secretary of State’s website.

   3. Fee: There is no fee to file a “Notice of Notary Resignation or Death” form.

5. Death of Notary: The personal representative of a deceased Notary Public must destroy or deface the deceased Notary’s official seal (MCA 25-34-33) and follow MCA 25-34-37(6) related to the disposition of the Notary’s journals (1 Miss. Admin. Code Pt. 5, R. 050.4.7.C).

Go to top.

Authorized Acts

1. Notarial Acts: Mississippi Notaries are authorized to perform the following notarial acts (MCA 25-34-7[1]):

   1. Take acknowledgments and proofs (MCA 89-3-7[g]);

   2. Administer oaths and affirmations;

   3. Take verifications on oath or affirmation;

   4. Certify depositions of witnesses;

   5. Perform signature witnessings;

   6. Make or note a protest of a negotiable instrument;

   7. Take affidavits to correct an documents affecting real property;

   8. Perform other acts authorized by other Mississippi law.

2. In-Person Electronic Notarial Acts: Mississippi Notaries who have registered to perform in-person electronic notarial acts may perform any of the notarial acts listed above electronically.

Acknowledgments

1. Definitions

   1. Acknowledgment: “‘Acknowledgment’ means a declaration by an individual in person before a notarial officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record” (MCA 25-34-3[a]).

   2. In a Representative Capacity: ““In a representative capacity” means acting as:
      “(i) An authorized officer, manager, member, agent, partner, trustee or other representative for a person other than an individual;
      “(ii) A public officer, personal representative, guardian or other representative, in the capacity stated in a record;
      “(iii) An agent or attorney-in-fact for a principal; or
      “(iv) An authorized representative of another in any other capacity” (MCA 25-34-3[d]).

2. Requirements

   1. Personal Appearance: “The individual making the acknowledgment shall appear personally before the notary public” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.1.A).

   2. Identity of Principal: “A notarial officer who takes an acknowledgment of a record … must determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing in person before the officer has the identity claimed and that the signature on the record is the signature of the individual” (MCA 25-34-11[1]).

   3. Signature of Principal: “A notarial officer who takes an acknowledgment of a record … must determine … that the signature on the record is the signature of the individual” (MCA 25-34-11[1]).

      1. Previously Made Signature: “If the document is signed prior to appearance before the notary public, the individual making the acknowledgment shall acknowledge that the signature on the document is his own voluntary act” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.1.D).

      2. Comparison of Signature: “The notary public shall compare the signature on the document to the signature of the individual on the identification presented” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.1.E).

Proofs

See “Certificate of Notarial Act,” below for a certificate for a proof of execution of an instrument. Under Mississippi law, a real estate document is eligible for recording only if it is acknowledged or proved (MCA 89-3-1[1]).

Oaths and Affirmations

1. Definitions

   1. Oath: "'Oath' means a notarial act, or part thereof, which is legally equivalent to an affirmation and in which an individual at a single time and place:
      “(1) Appears in person before the notary;
      “(2) Is personally known to the notary or identified by the notary through satisfactory evidence; and
      “(3) Makes a vow of truthfulness or fidelity on penalty of perjury while invoking God or using any form of the word ‘swear’" (1 Miss. Admin. Code Pt. 5, R. 50.1.1.2.O).

   2. Affirmation: "'Affirmation' means a notarial act, or part thereof, which is legally equivalent to an oath and in which an individual at a single time and place:
      “(1) appears in person before the notary;
      “(2) is personally known to the notary or identified by the notary through satisfactory evidence; and
      “(3) Makes a vow of truthfulness or fidelity on penalty of perjury, based on personal honor and without invoking God or using any form of the word ‘swear’" (1 Miss. Admin. Code Pt. 5, R. 50.1.1.2.C).

2. Requirements

   1. Personal Appearance: “The individual taking the oath or affirmation shall appear personally before the notary public” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.2.A).

   2. Identity of Principal: “The notary public shall have personal knowledge or satisfactory evidence of the identity of the individual taking the oath or affirmation” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.2.B).

   3. Form of Oath, Affirmation: “An oath or affirmation may be verbal or in writing. If in writing, the oath or affirmation shall be signed in the presence of the notary public” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.2.C).

   4. Content of Oath, Affirmation: “In administering an oath or affirmation, the notary public shall require the individual taking the oath or affirmation to voluntarily swear or affirm, under penalty of perjury, that the statements contained in the oath or affirmation are true, or that the individual will perform an act or duty faithfully and truthfully” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.2.D).

Verifications

1. Definition: “'Verification on oath or affirmation,' formerly known as a jurat, means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (MCA 25-34-3[n]).

2. Requirements

   1. Personal Appearance: “The individual making the verification on oath or affirmation shall appear personally before the notary public” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.3.A).

   2. Identity of Principal: “A notarial officer who … takes a verification of a statement on oath or affirmation (jurat) … must determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing in person before the officer has the identity claimed….” (MCA 25-34-11[1]).

   3. Signature of Principal: “A notarial officer who … takes a verification of a statement on oath or affirmation (jurat) … must determine … that the signature on the record is the signature of the individual” (MCA 25-34-11[1]).

   4. Witness Signature: “A document containing a statement that is being verified on oath or affirmation shall be signed in the notary public’s presence. A document containing a statement that is being verified may not be signed subsequent to the verification on oath or affirmation” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.3.C).

   5. Comparison of Signature: “The notary public shall compare the signature on the statement verified to the signature of the individual on the identification presented” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.3.D).

   6. Content of Oath, Affirmation: “In taking a verification on oath or affirmation, the notary public shall administer an oath or affirmation to the individual making the statement and require that the individual voluntarily swear or affirm, under penalty of perjury, that the statements contained in the document are true” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.3.E).

Signature Witnessings

1. Signature Witnessing vs. Acknowledgment: “The notarial act of witnessing or attesting a signature differs from an acknowledgment in that the party relying on the document may know for certain that the document was signed on the same date that the notary public affixed the official stamp and signature to the document” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.4.E).

2. Signature Witnessing vs. Verification: “The act of witnessing or attesting a signature differs from a verification on oath or affirmation in that the signer is merely signing the document, not swearing or affirming that the contents of the document are true” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.4.F).

3. Requirements

   1. Personal Appearance: “The individual signing the document shall appear personally before the notary public” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.4.A).

   2. Identity of Principal: “A notarial officer who … witnesses or attests to a signature … must determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing in person before the officer has the identity claimed….” (MCA 25-34-11[1]).

   3. Signature of Principal: “A notarial officer who … witnesses or attests to a signature … must determine … that the signature on the record is the signature of the individual” (MCA 25-34-11[1]; see also 1 Miss. Admin. Code Pt. 5, R. 50.6.6.4.C).

   4. Witness Signature: “A document containing a signature that is being witnessed or attested shall be signed in the notary public’s presence. A document containing a signature that is being witnessed or attested may not be signed subsequent to the witnessing or attestation of the signature” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.4.C).

   5. Comparison of Signature: “The notary public shall compare the signature on the document signed to the signature of the individual on the identification presented” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.4.D).

Certified Tangible Copy of Electronic Document

1. Authority: Senate Bill 2638 of 2021 authorizes Notaries to take a verification on oath or affirmation of an attorney or custodian of the original document that a paper printout of an electronic record is a true copy (MCA 89-3-101[2][a]). Unlike many so-called “paper printout copy certification” statutes which authorize a Notary to certify that a paper printout of an electronic record is a true copy, the new Mississippi law requires an attorney or private custodian of the paper document to make the certification and have it sworn to or affirmed before a Notary. See “Certificate of Notarial Act,” below for a certificate for this notarial act.

2. Notary Public as Custodian: “If a notary public is a custodian of an electronic document, the notary public may certify a tangible copy of the electronic document as a true and correct copy of the electronic document” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.5.A).

3. Requirements

   1. Verifiable Tamper-Evident Signature: The Notary must confirm that the electronic document contains an electronic signature that is capable of independent verification and renders any subsequent changes or modifications to the electronic document evident (1 Miss. Admin. Code Pt. 5, R. 50.6.6.5.B.1).

   2. Print or Supervise Printing: The Notary must personally print or supervise the printing of the electronic document onto paper (1 Miss. Admin. Code Pt. 5, R. 50.6.6.5.B.2). and

   3. Make No Changes: The Notary must not make any changes or modifications to the document other than attaching the certificate for the notarial act (1 Miss. Admin. Code Pt. 5, R. 50.6.6.5.B.3).

   4. Notarial Certificate: To be effective, the certificate of notarial act must be attached to the tangible copy of the electronic document and be substantially in the form required by MCA 89-3-1 (1 Miss. Admin. Code Pt. 5, R. 50.6.6.5.C).

Protests

1. Definition: “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” (MCA 75-3-505[b]; 1 Miss. Admin. Code Pt. 5, R. 50.6.6.6.A).

2. Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument must determine the matters set forth in [MCA] Section 75-3-505(b)” (MCA 25-34-11[2]).
   “[A protest] 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” (MCA 75-3-505[b]; 1 Miss. Admin. Code Pt. 5, R. 50.6.6.6.A, 6.6.B).
   “The individual requesting the protest shall appear personally before the notary public and be identified in the protest as the holder of the dishonored negotiable instrument” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.6.C).
   “The notary public shall have personal knowledge or satisfactory evidence of the identity of the individual requesting the protest” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.6.D).

Affidavits

1. Authority: MCA 25-34-7 authorizes notarial officers, including Notaries, to “[m]ake an affidavit regarding the truth of any witnesses or attested signatures in question along with any corrected language and, if the authenticity or correctness of language affects real property, file the same in the land records in the office of the chancery clerk where the land is located.”

2. Scrivener’s Error Affidavit: Mississippi legislation (House Bill 928) that took effect March 25, 2013, allows a “scrivener’s error affidavit” to be executed, notarized and recorded in the county land records in order to correct previously recorded information in an instrument affecting the title to real property. The law dictates that only an attorney who was involved in preparing a document in the chain of title to the real property in question may prepare the scrivener’s affidavit. Prior to recordation, the scrivener’s affidavit must be sworn to and acknowledged before a Notary Public or other officer authorized to administer oaths (MCA 89-5-8[2]).

In-Person Electronic Notarial Acts

Definition: “'Electronic notarial act' means an official act by a notary public on or involving an electronic document and using electronic means authorized by the Secretary of State or the laws of the jurisdiction of appointment” (1 Miss. Admin. Code Pt. 5, R. 50.1.1.2.I).

Go to top.

Personal Appearance

1. Notarial Acts: “If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature must appear physically in person before the notarial officer at the time of the notarial act” (MCA 25-34-15). This statute applies when the Notary or notarial officer takes an acknowledgment or verification on oath or affirmation and witnesses or attests to a signature.

2. Oaths and Affirmations: According to administrative rule, an individual taking an oath or affirmation – whether verbally or in writing – also must physically appear before the Notary (1 Miss. Admin. Code Pt. 5, R. 50.6.6.2.A).

3. Protests: The personal appearance requirement applies to an individual requesting a Notary to perform a protest (1 Miss. Admin. Code Pt. 5, R. 50.6.6.6.C).

Identification

1. Requirement: “A notarial officer who takes an acknowledgment of a record, takes a verification of a statement on oath or affirmation (jurat), or witnesses or attests to a signature, must determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing in person before the officer has the identity claimed and that the signature on the record is the signature of the individual” (MCA 25-34-11[1]).

2. Protests: “The individual requesting the protest shall … be identified in the protest as the holder of the dishonored negotiable instrument” (1 Miss. Admin. Code Pt. 5, R. 50.6.6.6.6.C).

3. Personal Knowledge: “A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is known personally to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed” (MCA 25-34-13[1]).
   “When a notary public has personal knowledge of the identity of an individual, satisfactory evidence is not required” (1 Miss. Admin. Code Pt. 5, R. 50.5.5.7).

4. Satisfactory Evidence: “A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual by means of inspecting:
   “(a) An unexpired passport, an unexpired driver’s license or a driver’s license that has not been expired for more than five (5) years, a government-issued nondriver identification card, a Mississippi voter ID card or an unexpired photographic identification card issued by a federally recognized Indian tribe or nation; or
   “(b) Another form of government identification issued to an individual which is not expired, contains the signature and a photograph of the individual, and is satisfactory to the officer” (MCA 25-34-13[2]).

5. Credentials Satisfying MCA 25-34-13(2)(a): “For the purposes of Section 13(2)(a) of the act (relating to identification of individual), a notary public may rely upon any of the following:
   “1. A driver's license or nondriver identification card issued by a state of the United States, which is current or a driver's license that has not been expired for more than five (5) years.
   “2. A passport or passport card issued by the United States Secretary of State of State, which is current and unexpired.
   “3. A voter ID card issued by the State of Mississippi.
   “4. A nondriver identification card issued by a federally recognized Indian tribe or nation, which is current and unexpired.
   “5. A passport issued by a foreign government, which is current and unexpired, provided it uses letters, characters and a language that are read, written, and understood by the notary public.
   “6. A driver’s license or nondriver identification card issued by a state or territory of Canada or Mexico, which is current and unexpired, provided it uses letters, characters and a language that are read, written, and understood by the notary public” (1 Miss. Admin. Code Pt. 5, R. 50.5.5.8.A).

6. Credentials Satisfying MCA 25-34-13(2)(b): “For the purposes of Section 13(2)(b) of the Act (relating to identification of individual), other forms of government identification may include any of the following:
   “1. An identification card issued by any branch of the United States armed forces.
   “2. An inmate identification card issued by the agency which has supervisory custody of the inmate.
   “3. An identification card issued by the United States Secretary of State of Homeland Security.
   “4. An identification card issued by a federally recognized Indian tribe or nation.
   “5. A state or state-related university identification card” (1 Miss. Admin. Code Pt. 5, R. 50.5.5.8.B).
   “For the purposes of Section 13(2)(b) of the Act (relating to identification of individual), other forms of government identification must be current, contain the signature or photograph of the individual to be identified, and must be satisfactory to the notary public. When there is a date of issuance on the other form of government identification specified in subsection (b)(3) of this Rule, it must be a date prior to the notarial act” (1 Miss. Admin. Code Pt. 5, R. 50.5.5.8.C).

7. Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual” (MCA 25-34-13[3]).

Refusal of Services

1. Specific Grounds

   1. False, Deceptive Transaction: “A notarial officer may refuse to perform a notarial act if the officer knows or suspects the transaction is illegal, false or deceptive…” (MCA 25-34-17[1]).

   2. Competency: “A notarial officer may refuse to perform a notarial act if the officer … is not satisfied that … [t]he individual executing the record is competent….” (MCA 25-34-17[1][a]).

   3. Capacity: “A notarial officer may refuse to perform a notarial act if the officer … is not satisfied that … [t]he individual executing the record has the capacity to execute the record….” (MCA 25-34-17[1][b]).

   4. Willingness: A notarial officer may refuse to perform a notarial act if the officer … is not satisfied that … [t]he individual’s signature is knowingly and voluntarily made….” (MCA 25-34-17[1][c])

   5. Compliant Notarial Act: “A notarial officer may refuse to perform a notarial act if the officer … is not satisfied that … [t]he notarial act is in compliance with this chapter or with rules issued by the Secretary of State to implement this chapter” (MCA 25-34-17[1][d]).

2. General Grounds: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by any law other than this chapter” (MCA 25-34-17[2]).

3. Outside Business Hours, Notary’s Employment: “A notary may not be required to perform a notarial act outside the notary’s regular workplace or business hours” (MCA 25-34-17[3]).

4. Discrimination: “A notary public may not refuse to provide notarial services on the basis of a customer’s race, color, national origin, religion, sexual orientation, sex or gender (including pregnancy), gender identity or expression, disability, or marital status” (1 Miss. Admin. Code Pt. 5, R. 50.5.5.10).

Signature by Proxy

“If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual’s name on the record. The notarial officer shall insert ‘Signature affixed by (name of other individual) at the direction of (name of individual)’ or words of similar import” (MCA 25-34-19).

Incomplete Documents

1. Prohibition: “A notary public may not perform a notarial act with respect to a document which is designed to provide information within blank spaces, when either of the following circumstances exist:
   “1. The missing information has not been entered into a blank space.
   “2. The signature of an individual signing the document is not present, unless the individual is signing in the presence of the notary public” (1 Miss. Admin. Code Pt. 5, R. 50.5.5.11.A).

2. Exceptions: “For the purpose of subsection (a)(1), missing information does not include:
   “1. An empty space with ‘‘N/A’’ or a line drawn through it.
   “2. Additional signature lines designated for additional signers, if it is clear that the notarial act does not apply to the blank signature lines” (1 Miss. Admin. Code Pt. 5, R. 50.5.5.11.B).

3. Nomination Petitions, Papers: “A notary public performing a notarial act on nomination petitions or nomination papers with remaining empty lines for signatures shall mark a line through those blank spaces for signatures, or an 'X' across the blank spaces for signatures, to prevent the later addition of signatures after the notarization” (1 Miss. Admin. Code Pt. 5, R. 50.5.5.11.C).

Disqualifying Interest

1. Personal: “A notarial officer may not perform a notarial act when the officer … [i]s a party to the record being notarized” (MCA 25-34-7[2][a]).

2. Financial: “A notarial officer may not perform a notarial act when the officer … [w]ill receive as a direct result any commission, fee, advantage, right, title, beneficial interest, cash, property or other consideration exceeding in value the fees required by rules established by the Secretary of State” (MCA 25-34-7[2][c]).
   “[MCA 25-34-7(2)] of the act (relating to authority to perform notarial act), includes receiving an interest in the transaction or document that results in actual or potential gain or advantage, financial or otherwise, other than receiving a regular salary, hourly wage, or notarial fees. Regular salary or wage includes bonuses, provided the bonus is not related to or contingent upon the completion of a notarial act” (1 Miss. Admin. Code Pt. 5, R. 50.5.5.5).

3. Relatives: “A notarial officer may not perform a notarial act when the officer … [i]s a spouse, child, sibling, parent, grandparent, grandchild, aunt or uncle, or niece or nephew, including a son or daughter-in-law, a mother or father-in-law, a stepchild or stepparent, or a half-sibling, of the person whose signature is being notarized or the person taking a verification on oath or affirmation from the officer” (MCA 25-34-7[2]b]).

4. Exceptions: “A notarial officer is not disqualified from performing a notarial act by virtue of his or her profession when the officer:
   “(a) Is an employee performing a notarial act on behalf of, or which benefits, the employer;
   “(b) Is an attorney who maintains an attorney-client relationship with the person whose signature is the subject of the notarial act; or
   “(c) Is a shareholder of a corporation or member of a limited liability company which is a party to a record that is the subject of the notarial act” (MCA 25-34-7[3]).

Foreign Languages

1. Use of Interpreter: “A notary public shall be able to communicate directly with the individual for whom a notarial act is being performed in a language they both understand or indirectly through an interpreter who is physically present with the signer and notary public at the time of the notarization and communicates directly with the individual and the notary public in a language the interpreter understands” (1 Miss. Admin. Code Pt. 5, R. 50.5.5.9.C).

2. Translation in a Foreign Language: “A notary public may perform a notarial act on a document that is a translation of a document that is in a language that the notary public does not understand only if the person performing the translation signs a verification on oath or affirmation stating that the translation is accurate and complete. The notarized translation and verification must be attached to the document and must comply with the act and this chapter regarding certificate of notarial act” (1 Miss. Admin. Code Pt. 5, R. 50.5.5.9.C).

3. Notarial Certificates: “The certificate of notarial act must be worded and completed using the English language. The certificate may be simultaneously worded and completed in another language that is read, written, and understood by the notary public and must be immediately adjacent to the English-language certificate, but the English-language certificate will prevail in the event of any conflict between the translations” (1 Miss. Admin. Code Pt. 5, R. 50.5.5.9.B).

Unauthorized Practice of Law

No Authority: “A commission as a notary public does not authorize an individual to:
“(a) Assist persons in drafting legal records, give legal advice or otherwise practice law;
“(b) Act as an immigration consultant or an expert on immigration matters;
“(c) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
“(d) Receive compensation for performing any of the activities listed in this subsection” (MCA 25-34-47[1]).

Advertising

1. Deceptive Advertising: “A notary public may not engage in false or deceptive advertising” (MCA 25-34-47[2]).

2. Use of ‘Notario’: “A notary public who is not an attorney licensed to practice law in this state may not use the term ‘notario’ or ‘notario publico’ (MCA 25-34-47[3]).

3. Misrepresentation: “A notary public who is not an attorney licensed to practice law in this state may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice or otherwise practice law” (MCA 25-34-47[4]).

4. Mandatory Notice: “If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the Internet, the notary public must include the following statement, or an alternate statement authorized or required by the Secretary of State, in the advertisement or representation, prominently and in each language used in the advertisement or representation: “I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.” If the form of advertisement or representation is not broadcast media, print media or the Internet and does not permit inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed” (MCA 25-34-47[4]).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: Mississippi has adopted the Uniform Electronic Transactions Act (MCA 75-12-1 et seq.), including the provision on notarization and acknowledgment, thereby recognizing 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” (MCA 75-12-21).

   2. Uniform Real Property Electronic Recording Act: Mississippi has adopted the Uniform Real Property Electronic Recording Act (MCA 89-5-101 et seq.), including the following provision: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (MCA 89-5-1-105[c]).

   3. Revised Uniform Law on Notarial Acts: Effective July 1, 2021, Mississippi has enacted MCA 25-34-3 and 25-34-39, summarized below, which authorize Notaries to perform notarial acts on electronic records.

   4. Mississippi Administrative Code: The Mississippi Secretary of State has adopted administrative rules, summarized below, to implement the statute cited above in Title 1, Part 5, Chapters 1 (Definitions) and 8 (Electronic Notarization).

2. Secretary of State Authority: “The Secretary of State has the sole power to determine the methods by which notarial acts with respect to electronic records may be implemented in this state. Those methods must be set forth in rules promulgated by the Secretary of State” (MCA 25-34-39[2]).

3. Technology Systems

   1. Approval of System Providers: Required.

   2. List of System Providers: Provided. A list of system providers may be found at the Secretary of State’s website at https://www.sos.ms.gov/e-notary-vendors.

4. Authorization to Perform Notarial Acts on Electronic Records: “A notary public may perform a notarial act with respect to electronic records pursuant to this chapter” (MCA 25-34-39[1]).

5. All Laws Notary Apply: “All requirements of a notarial act performed with respect to a tangible document apply to an electronic document, including the personal appearance and identification of the individual appearing before the notary public, completion of a notarial certificate, use of an official stamp and recording of the notarial act in the journal” (1 Miss. Admin. Code Pt. 5, R. 50.8.8.2.C).

6. Electronic Notarization System

   1. Definition: “'Electronic notarization system means a set of applications, programs, hardware, software, or technologies designed to enable a notary public to perform electronic notarizations that renders every electronic notarial act tamper-evident through the use of a security procedure and that meets the requirements of the act and these rules” (1 Miss. Admin. Code Pt. 5, R. 50.1.1.2.K).

   2. General Requirement: A notary public performing notarial acts with respect to electronic documents shall use an electronic notarization system that meets the following minimum criteria” (1 Miss. Admin. Code Pt. 5, R. 50.8.8.2.A).

   3. Specific Requirements: The electronic notarization system must:
      “1. Allow the principal and the notary to affix electronic signatures, as defined in Rule 1.2(L) (sic) (above, to electronic documents.
      “2. Allow for a notary public to affix an electronic notary seal, as defined in Rule 1.2(K) (sic) above, to electronic documents.
      “3. Employ the use of a public key certificate, as defined in Rule 1.2(N) (sic) above, to identify the principal.
      “4. Make all electronic documents notarized using the electronic notarization system tamper-evident, as defined in Rule 1.2(S) (sic)” (1 Miss. Admin. Code Pt. 5, R. 50.8.8.2.A).
      “Before performing an electronic notarial act, the notary public shall take reasonable steps to ensure that the system used meets the minimum requirements of these Rules and has not expired, been revoked, or been terminated by the system provider” (1 Miss. Admin. Code Pt. 5, R. 50.8.8.2.B).

   4. List of Providers: “The Secretary of State may publish a list of approved electronic notarization system vendors on its website that meet the minimum criteria set forth above, at the time of the Secretary of State’s review of those systems published on its site” (1 Miss. Admin. Code Pt. 5, R. 50.8.8.2.D).

   5. No Endorsement: “The Secretary of State does not endorse any electronic notarization system vendor and does not guarantee that the use of any electronic notarization system satisfies the minimum criteria set forth above” (1 Miss. Admin. Code Pt. 5, R. 50.8.8.2.D).

7. Tamper-Evident Technology

   1. Definition: “'Tamper-evident' means that any changes to an electronic document shall display evidence of the change” (1 Miss. Admin. Code Pt. 5, R. 50.1.1.2.U).

   2. Requirement: “A notary public performing notarial acts with respect to electronic documents shall use an electronic notarization system that meets the following minimum criteria. The electronic notarization system must … [m]ake all electronic documents notarized using the electronic notarization system tamper-evident….” (1 Miss. Admin. Code Pt. 5, R. 50.8.8.2.A.4).

8. Public Key Certificate

   1. Definition: “'Public key certificate' means an electronic credential which is used to identify an individual who signed an electronic document with the certificate” (1 Miss. Admin. Code Pt. 5, R. 50.1.1.2.P).

   2. Requirement: “A notary public performing notarial acts with respect to electronic documents shall use an electronic notarization system that meets the following minimum criteria. The electronic notarization system must … [e]mploy the use of a public key certificate, as defined in Rule 1.2(N) (sic) above, to identify the principal” (1 Miss. Admin. Code Pt. 5, R. 50.8.8.2.A.3).

Remote Notarial Acts

The state of Mississippi has not yet enacted permanent statutes or published rules authorizing Notaries Public to perform remote notarizations.

Withholding Records

“Except as otherwise allowed by law, a notary public may not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public” (MCA 25-34-47[5]).

Foreign Adversary

“No … notary public … shall have a duty to make any investigation as to whether a party to a transaction involving immovable property is a foreign adversary, nor shall any such person be liable for failing to identify that a party to a transaction involving immovable property is a foreign adversary” (MCA 89-27-11).

Validity of Notarial Acts

“Except as otherwise provided in Section 25-34-7(2), the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on the laws of this state other than this chapter or the laws of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts” (MCA 25-34-49).

Go to top.

Certificate Requirements

1. General Requirement: “A notarial act must be evidenced by a certificate” (MCA 25-34-31[1]).

2. Specific Requirements: “The certificate must:
   “(a) Be executed contemporaneously with the performance of the notarial act;
   “(b) Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the Secretary of State;
   “(c) Identify the jurisdiction in which the notarial act is performed;
   “(d) Contain the title of office of the notarial officer; and
   “(e) If the notarial officer is a notary public, indicate the date of expiration of the notary public’s commission” (MCA 25-34-31[1]).

3. Seal on Tangible Record: “If a notarial act regarding a tangible record is performed by a notary public, the notary public’s official seal must be affixed to the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in [MCA 25-34-31] subsection (1)(b), (c) and (d), the notarial officer’s official seal may be affixed to the certificate” (MCA 25-34-31[2]).

4. Seal on Electronic Record: “If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in [MCA 25-34-31] subsection (1)(b), (c) and (d), the notarial officer’s official seal may be attached to or logically associated with the certificate” (MCA 25-34-31[2]).

Sufficiency of Certificate

“A certificate of a notarial act is sufficient if it meets the requirements of [MCA 25-34-31] subsections (1) and (2) and:
“(a) Is in a form otherwise permitted by the law of this state;
“(b) Is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or
“(c) Sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in Sections 25-34-7, 25-34-9, 25-34-11 and 25-34-15 or any law of this state other than this chapter” (MCA 25-34-31[4]).

Certificate Forms

Mississippi has adopted the Revised Uniform Law on Notarial Act’s short-form certificates. These and other forms authorized by law appear below.

Additional Information in Certificate

“A notarial certificate may contain additional or other information as may be required to satisfy any legal requirements, ethical or legal concerns, or the business needs of the parties to the transaction” (1 Miss. Admin. Code Pt. 5, R. 50.7.7.2).

Executing a Certificate

By executing a certificate of a notarial act, a notarial officer certifies that the officer has complied with the requirements and made the determinations specified in Sections 25-34-7, 25-34-9, 25-34-11 and 25-34-15” (MCA 25-34-31[6]).

Contemporaneous Completion

“A notarial officer may not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed” (MCA 25-34-31[6]).

Security of Certificate

1. Tangible Record: “If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record” (MCA 25-34-31[7]).

2. Definition: “For purposes of attaching a notarial certificate to a tangible document, “securely attached” means stamped, stapled, grommeted, or otherwise permanently bound to the tangible document. The term “securely attached” does not include the use of tape, paper clips, or binder clips” (1 Miss. Admin. Code Pt. 5, R. 50.7.7.3).

3. Secure Certificate Rules: “If the Secretary of State has established standards under Section 25-34-39 for attaching, affixing or logically associating the certificate, the process must conform to those standards” (MCA 25-34-31[7]).

4. Electronic Record: “If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record” (MCA 25-34-31[7]).

Providing Certificate

“The party drafting a record that is the subject of a notarial act is responsible for the form of the certificate, its wording and legal sufficiency. A notary public is not required to draft, edit or amend a certificate where the record presented does not contain an acceptable certificate; instead, the notary must refuse to perform the notarial act with respect to the record” (MCA 25-34-31[3]).

Notarial Officer' Signature Evidence of Notarial Act Only

“The signature of a notarial officer certifying a notarial act may not be deemed evidence to show that the notarial officer had knowledge of the contents of the record so signed, other than those specific contents which constitute the signature, execution, acknowledgment, oath, affirmation, affidavit, verification or other act which the signature of that notarial officer chronicles” (MCA 25-34-31[8]).

Go to top.

Definitions

1. Official Seal: “'Official seal' means a physical image affixed to a tangible record or an electronic image attached to or logically associated with an electronic record” (MCA 25-34-3[h]).

2. Stamping Device: “'Stamping device' means:
   “(i) A physical device capable of affixing to a tangible record an official seal; or
   “(ii) An electronic device or process capable of attaching to or logically associating an official seal with an electronic record” (MCA 25-34-3[l]).

3. Official Stamp: The Mississippi Administrative Code uses the term “official stamp” throughout the administrative rules but does not define the term.

Seal Requirement

1. Notarial Acts

   1. Notaries Public: Required.
      “Every notary public appointed and commissioned must procure, at his own expense, a suitable official seal” (MCA 25-34-33).
      “If a notarial act regarding a tangible record is performed by a notary public, the notary public’s official seal must be affixed to the certificate” (MCA 25-34-31[2]).

   2. Other Notarial Officers: Permitted.
      “If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsection (1)(b), (c) and (d), the notarial officer’s official seal may be affixed to the certificate” (MCA 25-34-31[2]).

2. In-Person Electronic Notarial Acts

   1. Notaries Public: Permitted.
      “If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsection (1)(b), (c) and (d), the notarial officer’s official seal may be attached to or logically associated with the certificate” (MCA 25-34-31[2]).

   2. Other Notarial Officers: Permitted (MCA 25-34-31[2]).

3. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (MCA 89-5-105[c]).

Seal Format

1. Notarial Acts

   1. Inked Stamp: “The official seal of a notary public must … [b]e capable of being copied together with the record to which it is affixed or attached or with which it is logically associated” MCA 25-34-33[1][b]).

   2. Embosser Not Allowed: “A stamping device, as used in Section 3 and Section 33 of the act (relating to definitions; and stamping device), does not include a non-inking embosser or crimper” (1 Miss. Admin. Code Pt. 5, R. 050.3.2[B]).

   3. Shape/Size: Not prescribed.

   4. Components: The seal must contain the following components in the following order (MCA 25-34-33[1][a]; 1 Miss. Admin. Code Pt. 5, R. 50.3.3.1.A):

      1. “State of Mississippi”;

      2. Name of Notary, exactly as indicated on commission;

      3. “Notary Public”;

      4. Name of county where Notary maintains an office;

      5. The Notary’s commission expiration date;

      6. The Notary’s commission identification number.

   5. Abbreviations: “Words or terms on the official stamp may not be abbreviated, except for name suffixes as specified in Rule 5.01(d) (relating to name of notary public)” (1 Miss. Admin. Code Pt. 5, R. 50.3.3.1.C).

   6. State Seal: “The official stamp must not contain the Mississippi state seal” (1 Miss. Admin. Code Pt. 5, R. 50.3.3.1.J).

2. In-Person Electronic Notarial Acts: The requirements for the format of the official seal or stamp on a tangible record cited directly above apply to Notaries Public and notarial officers who perform in-person electronic notarial acts.

Example

The below typical, actual-size examples of rubber stamp, embossing, and electronic Notary seals are allowed by Mississippi law. Other formats may also be permitted.

Open

Open

Traditional Official Seals

Placement of Stamp

1. Near Signature: “The official stamp must be stamped or affixed to the notarial certificate near the notary public’s signature or attached to or logically associated with an electronic document containing the notary public’s signature” (1 Miss. Admin. Code Pt. 5, R. 50.3.3.1.D).

2. Imprint Restrictions: “A notary public may not place an imprint of the notary public’s official stamp over any signature in a document to be notarized or over any writing in a notarial certificate” (1 Miss. Admin. Code Pt. 5, R. 50.3.3.1.E).

Defacing Seal

“A notary public may not alter or deface the official stamp” (1 Miss. Admin. Code Pt. 5, R. 50.3.3.1.F).

Security of Seal

“A notary public is responsible for the security of the notary public’s stamping device and may not allow another individual to use the device to perform a notarial act” (MCA 25-34-35[1]; see also 1 Miss. Admin. Code Pt. 5, R. 50.3.3.1.H, which states that a Notary may not permit another person to use the official stamp for “any purpose”).

Notarial Acts Only

“A notary public may not use the notary public’s official stamp for any purpose other than to perform a notarial act” (1 Miss. Admin. Code Pt. 5, R. 50.3.3.1.G).

Lost or Stolen Seal

1. Notification Required: “If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian must notify promptly the Secretary of State upon discovery that the device is lost or stolen” (MCA 25-34-35[2]).

2. Contents of Notification: “Notification of loss or theft of stamping device under Section 35(2) of the act (relating to lost stamping device) shall be made in writing or electronically to the Secretary of State within ten (10) calendar days after the date the notary public or personal representative or guardian discovers that the stamping device was lost or stolen. The notification must include all of the following:
   “1. A statement of whether the stamping device is lost or stolen;
   “2. An explanation of how the stamping device became lost or stolen;
   “3. The date the notary public discovered that the stamping device was lost or stolen;
   “4. A statement that the notary public does not possess the stamping device and does not know who possesses it or where it is located; and
   “5. A statement that if the notary public subsequently reacquires possession of the stamping device, the notary public shall file a written statement with the Secretary of State within 10 calendar days after the date the notary public reacquires possession of the lost or stolen stamping device” (1 Miss. Admin. Code Pt. 5, R. 50.3.3.3.A).

3. Replacement Stamping Device: “The notary public may not obtain a replacement stamping device until they have properly notified the Secretary of State that the original was lost or stolen” (1 Miss. Admin. Code Pt. 5, R. 50.3.3.3.C).
   “A replacement stamping device must contain some variance from the original stamping device” (1 Miss. Admin. Code Pt. 5, R. 50.3.3.3.A).

4. Reacquiring Lost or Stolen Stamping Device: “If a notary public subsequently reacquires possession of a lost or stolen stamping device, the notary public shall file with the Secretary of State a written statement of explanation of how the stamping device was recovered within ten (10) calendar days after the date the notary public reacquires possession of the stamping device” (1 Miss. Admin. Code Pt. 5, R. 50.3.3.3.D).

Seal of Ex Officio Notaries

1. Clerk of Circuit Court: “The board of supervisors of every county must provide an official seal, with the inscription “notary public” around the margin and the image of an eagle in the center, which official seal must be kept in the office of the clerk of the circuit court” (MCA 25-34-33[2]).

2. Other Notarial Officers: A judge, chancellor, clerk or deputy clerk of a court of this state, the Mississippi Secretary of State or an Assistant Secretary of State of this state may use the official seal to perform a notarial act under Section 25-34-19(1)(b) or (c)” (MCA 25-34-33[2]).

Disposition of Seal

1. Resignation, Revocation, Expiration of Commission: “On resignation from, or the revocation or expiration of, the notary public’s commission, or on the expiration of the date set forth in the stamping device, if any, the notary public must disable the stamping device by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable” (MCA 25-34-35[1]).

2. Death, Incompetency of Notary: “On the death or adjudication of incompetency of a notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the stamping device must render it unusable by destroying, defacing, damaging, erasing or securing it against use in a manner that renders it unusable” (MCA 25-34-35[1]).

Grandfathered Seal Provision

“A notary public who holds a commission on July 1, 2021, may continue to use the notary public’s official stamp until the expiration of that commission, which may occur after July 1, 2021” (1 Miss. Admin. Code Pt. 5, R. 50.3.3.1.K).

Official Signature

1. Legible Signature: “When signing a paper certificate, the notary public shall use a legible, recognizable handwritten signature, which can be attributed to the notary public performing the notarial act by anyone examining or authenticating the signature” (1 Miss. Admin. Code Pt. 5, R. 50.7.7.4).

2. Illegible Signature: “If a notary public’s preferred signature is not legible and recognizable, the notary public must also legibly print his name immediately adjacent to his preferred signature. For the purposes of this chapter, a signature is legible and recognizable if the letters are distinct and easily readable and the notary public’s full name may be clearly discerned by looking at the signature” (1 Miss. Admin. Code Pt. 5, R. 50.7.7.4).

Go to top.

Records Requirement

Journal of Notarial Acts

1. Notarial Acts: Required.
   “A notary public must maintain a journal in which the notary public chronicles all notarial acts that the notary public performs” (MCA 25-34-37[1]).

2. In-Person Electronic Notarial Acts: Required.
   “A notary public must maintain a journal in which the notary public chronicles all notarial acts that the notary public performs” (MCA 25-34-37[1]).

One Active Journal

“A notary public shall maintain only one (1) journal at a time to chronicle all notarial acts, whether those notarial acts are performed regarding tangible or electronic records” (MCA 25-34-37[1]).

Contemporaneous Completion

“An entry in a journal must be made contemporaneously with performance of the notarial act” (MCA 24-34-37[3]).

Transitional Provision

“A notary public who holds a commission on July 1, 2021, may continue to use the notary public’s journal until the expiration of that commission, which may occur after July 1, 2021” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.2.G).

Journal Format

1. Paper or Electronic: “A journal must be created on a tangible or electronic medium” (MCA 25-34-37[2]).

2. Format of Paper Journal

   1. Permanently Bound and Numbered Pages: “If the journal is tangible, it must be a permanent, bound register with numbered pages” (MCA 25-34-37[2]).

   2. General Requirements: “A journal maintained on paper or on any other tangible medium may be in any form that meets the physical requirements in this chapter and the entry requirements in [MCA 25-34] Section 37(3) of the act (relating to journal)” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.3.A).

   3. Binding: “The cover and pages inside the cover must be bound together by any binding method that is designed to prevent the insertion, removal, or substitution of the cover or a page. This includes glue, staples, grommets, or another binding, but does not include the use of tape, paper clips, or binder clips” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.3.B).

   4. Page Formatting: “Each page must be consecutively numbered from the beginning to the end of the journal. If a journal provides two pages on which to record the required information about the same notarial act, both pages may be numbered with the same number or each page may be numbered with a different number. A page number must be preprinted” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.3.C).

   5. Line Formatting: “Each line, or entry if the journal is designed with numbered entry blocks, must be consecutively numbered from the beginning to the end of the page. If a line extends across two pages, the line must be numbered with the same number on both pages. A line or entry number must be preprinted” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.3.D).

3. Format of Electronic Journal: “An electronic journal must conform to specifications set forth in rules by the Secretary of State” (MCA 25-34-37[2]).
   “A. A journal maintained in electronic format may be in any form that meets the requirements in this section and the entry requirements in [MCA 25-34] Section 37(3) of the act (relating to journal).
   “B. A journal maintained in electronic format must be designed to prevent the insertion, removal, or substitution of an entry” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.4.A. and B).

4. Notary Information: “Each journal of a notary public, whether maintained on a tangible medium or in an electronic format, must contain all of the following information in any order:
   “1. The name of the notary public as it appears on the commission;
   “2. The notary public’s commission number;
   “3. The notary public’s commission expiration date;
   “4. The notary public’s office address of record with the Secretary of State;
   “5. A statement that, in the event of the death of the notary public, the journal shall be delivered or mailed to the circuit clerk of the county of residence of the notary public;
   “6. The meaning of any not commonly abbreviated word or symbol used in recording a notarial act in the notarial journal; and
   “7. The signature of the notary public” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.1.B).

5. Updated Notary Information: “If a notary public’s name, commission expiration date, or address changes before the notary public ceases to use the notarial journal, the notary public shall add the new information after the old information and the date which the information changed” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.1.C).

Journal Entries

1. Required Entries: “An entry in a journal must … contain the following information:
   “(a) The date and time of the notarial act;
   “(b) A description of the record, if any, and type of notarial act;
   “(c) The full name and address of each individual for whom the notarial act is performed;
   “(d) If identity of the individual is based on personal knowledge, a statement to that effect;
   “(e) If identity of the individual is based on satisfactory evidence, a brief description of the method of identification and the identification credential presented, if any, including the date of issuance and expiration of any identification credential;
   “(f) The address where the notarial act was performed if not the notary’s business address; and
   “(g) The fee, if any, charged by the notary public” (MCA 25-34-37[3]).
   “For purpose of journal entries, address means the city and state only” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.2.E).

2. Optional Entries: “In addition to the entries required under Section 37(3) of the act (relating to journal), a journal may contain the signature of the individual for whom the notarial act is performed and any additional information about a specific transaction that might assist the notary public to recall the transaction” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.2.B).

3. Separate Entries: “Each notarial act must be indicated as a separate entry in the journal” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.2.A).

4. Prohibited Entries

   1. Definition: “For the purpose of subsection (c) of [Rule 4.2], ‘‘personal financial or identification information’’ means:
      “1. An individual’s first name or first initial and last name in combination with and linked to any one or more of the following data elements when the data elements are not encrypted or redacted:
      “a. Social Security number.
      “b. Driver’s license number or a State identification card number issued instead of a driver’s license.
      “c. Financial account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual’s financial account.
      “2. The term does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.2.F).

   2. Personal Financial or Identification Information: “A journal may not contain any personal financial or identification information about the notary public’s clients, such as complete Social Security numbers, complete drivers’ license numbers or complete account numbers. Terminal numbers for these types of numbers, including the last four digits of a Social Security number, may be used to clarify which individual or account was involved” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.2.C).

5. Electronic Signature: “If a signature of a signer is in an electronic notarial journal, the signature must be:
   “1. Attached to or logically associated with the electronic journal and
   “2. Linked to the data in a manner so that any subsequent alterations to the electronic notarial journal entry are detectable and may invalidate the electronic notarial journal entry” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.4.E).

Inspection and Copying of Journal

1. Public Access: “In the notary’s presence, any person may inspect an entry in the official journal of notarial acts during regular business hours, but only if:
   “1. the person’s identity is personally known to the notary or proven through satisfactory evidence;
   “2. the person affixes a signature in the journal in a separate, dated entry;
   “3. the person specifies the month, year, type of document, and name of the principal for the notarial act or acts sought; and
   “4. the person is shown only the entry or entries specified” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.6.A).

2. Denial of Access: “If the notary has a reasonable and explainable belief that a person bears a criminal or harmful intent in requesting information from the notary’s journal, the notary may deny access to any entry or entries” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.6.B).

3. Investigative Request, Subpoena: “A request for inspection or certified copies of a journal made through an investigative request by law enforcement or by the Secretary of State or in a subpoena in the course of criminal or civil litigation, or administrative proceeding shall be complied with in the manner specified in the request or subpoena” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.6.C).

4. Secretary of State: “Entries from the notarial journal must be available upon request by the Secretary of State in a PDF format” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.4.D).

Security of Journal

1. Tangible Journal: “The notary public shall maintain custody and control of the journal at all times during the duration of the notary public’s commission. When not in use, the journal must be kept in a secure location and accessible only to the notary public. A secure location includes in the notary public’s sole possession or in a locked location to which only the notary public has access” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.5.A).

2. Electronic Journal: “A journal maintained in electronic format must be securely stored and recoverable in the event of a hardware or software malfunction” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.4.C).

Lost or Stolen Journal

1. Requirement: “If the journal of notary public is lost or stolen, the notary public must notify promptly the Secretary of State upon discovery that the journal is lost or stolen” (MCA 25-34-37[4]).

2. Notification Content: “Notification of loss or theft of journal under [MCA 25-34] Section 37(4) … (relating to journal and audio-video recordings) must be made in writing or electronically within ten (10) calendar days after the date the notary public or personal representative or guardian discovers the loss or theft of a journal. For the purpose of this section, the term ‘‘loss’’ includes journals that are misplaced, destroyed, or otherwise made unavailable. The notification must include all of the following:
   “1. A statement of whether the journal is lost or stolen;
   “2. An explanation of how the journal became lost or stolen;
   “3. The date the notary public discovered that the journal was lost or stolen;
   “4. A statement that the notary public does not possess the journal and does not know who possesses it or where it is located; and
   “5. A statement that, if the notary public subsequently reacquires possession of the journal, the notary public shall file a written statement with the Secretary of State within 10 calendar days after the date the notary public reacquires possession of the lost or stolen journal” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.5.B).

3. Reacquiring Lost or Stolen Journal: “If a notary public subsequently reacquires possession of a lost or stolen journal, the notary public hall file with the Secretary of State a written statement of explanation of how the journal was recovered within ten (10) calendar days after the date the notary public reacquires possession of the journal” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.5.C).

Retention of Journal

1. Tangible Journal: “Ten (10) years after the performance of the last notarial act chronicled in a tangible journal, the journal must be destroyed by shredding or other destruction that leaves any entry in the journal illegible” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.7.A).

2. Electronic Journal: “Ten (10) years after the performance of the last notarial act chronicled in an electronic journal, the journal must be destroyed by deleting any remaining records pertaining to the electronic journal and deleting any remaining tamper-evident technology in the notary’s possession” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.7.B).

3. Law Requiring Longer Duration: “Nothing in this section shall require a notary public to dispose of their notarial journal or journals if doing so would be in conflict with the law of another jurisdiction that requires a notary to keep the journal for a longer period of time” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.7.D).

Disposition of Journal

1. Resignation, Revocation, Suspension of Commission: “On resignation from, or the revocation or suspension of, a notary public’s commission, the notary public must deposit all journal records with the circuit clerk of the county of residence of the notary public” (MCA 25-34-37[5]).

2. Death or Incompetency of Notary: “Upon the death or adjudication of incompetency of a current or former notary public, the notary public’s personal representative or guardian or any other person knowingly in possession of the journal shall:
   “(a) Notify the Secretary of State of the death or adjudication in writing; and
   “(b) Within thirty (30) days of death or adjudication of incompetency, transmit all journal records to the circuit clerk of the county of residence of the notary public” (MCA 25-34-37[6]).

3. Access Instructions for Electronic Journal: “The notary public or the notary public’s personal representative shall provide access instructions to the Secretary of State for any electronic journal maintained or stored by the notary public, upon commission resignation, revocation, or expiration without renewal, or upon the death or adjudicated incompetence of the notary” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.7.E).

4. Disposition of Electronic Journal: “A journal maintained in electronic format which is delivered to the circuit clerk of the county of residence of the notary public in compliance with [MCA 25-34] Section 37(5) of the act (relating to journal and audio-visual recordings) must be delivered in a format prescribed by the receiving circuit clerk” (1 Miss. Admin. Code Pt. 5, R. 50.4.4.4.F).

Go to top.

Maximum Fee

“A notarial officer may charge a fee in an amount not to exceed Five Dollars ($5.00) for services rendered unless otherwise prohibited by law or by rules promulgated by the Secretary of State” (MCA 25-34-9).

The Mississippi Administrative Rules clarify that the $5 maximum fee is per signature for an acknowledgment, jurat, or signature witnessing. For a jurat, the Rules clarify that the $5 fee is per person (Miss. Admin. Code Pt. 5, R. 50.9.9.1).

Waiving Fee

“A notary public need not charge for notarial acts” (1 Miss. Admin. Code Pt. 5, R. 50.9.9.1.B).

Travel Fee

“In addition to the fees authorized under Rule 9.01 (relating to fees for notarial acts), a notary public may additionally charge a travel fee when traveling to perform a notarial act if:
“A. The notary public and the individual requesting the notarial act agree upon the travel fee in advance of the travel; and
“B. The notary public explains to the individual requesting the notarial act that the travel fee is in addition to the notarial fee in Rule 9.01 (relating to fees for notarial acts) and is not required by law” (1 Miss. Admin. Code Pt. 5, R. 50.9.9.3).

Third-Party Fee

“Nothing in the act shall be construed to prevent a third person who provides technologies or storage capabilities to aid the notary public in the performance of an electronic notarization from separately charging and collecting any additional fee for the services rendered” (1 Miss. Admin. Code Pt. 5, R. 50.9.9.2).

Payment Prior to Act

1. Authorization: “A notary public may require payment of any fees specified in this chapter prior to performance of a notarial act” (1 Miss. Admin. Code Pt. 5, R. 50.9.9.4.A).

2. Fees Non-Refundable: “Any fees paid to a notary public prior to performance of a notarial act are non-refundable if the act was completed, or in the case of travel fees, the act was not completed after the notary public had traveled to meet the principal” (1 Miss. Admin. Code Pt. 5, R. 50.9.9.4.B).

Employers and Employees

1. Fee Agreement: “Notwithstanding that an individual who holds a notary commission is responsible for exercising the duties and responsibilities of the notary commission, an employer, under an agreement with an employee who is, or seeks to become, a notary public, may pay for the application or bond and the cost of the official stamp or other supplies required in connection with the appointment, commission, or performance of the duties of the notary public. The agreement may also provide for the remission of fees collected by the notary public to the employer, for the increased compensation of the notary public for the amount of notary public fees collected, and for reimbursement of the costs of obtaining a commission should the employee or employer terminate the employment” (1 Miss. Admin. Code Pt. 5, R. 50.5.5.12).

2. Prohibiting Fees: “An employer may prohibit an employee who is a notary public from charging for notarial acts performed on the employer’s time” (1 Miss. Admin. Code Pt. 5, R. 50.9.9.5).

Go to top.

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 Mississippi.

Recording Requirements

1. Acknowledgment: “A document concerning real property or conveying personal property may not be recorded unless, in the case of a paper document, it contains an original signature or signatures, or in the case of an electronic document, contains an electronic signature or signatures that comply with the Uniform Real Property Electronic Recording Act (Article 3, Chapter 5, Title 89, Mississippi Code of 1972). For purposes of this section, the terms ‘document,’ ‘paper document’ and ‘electronic document’ have the meaning given in the Uniform Real Property Electronic Recording Act. A document concerning real property or conveying personal property which conforms to this subsection may be recorded if it is acknowledged or proved according to law, or in the case of a document that is an affidavit, verified upon oath or affirmation” (MCA 89-3-1[1]).

2. One-Sided: “Each document or instrument shall consist of one or more individual pages printed only on one (1) side. The document or instrument shall not consist of pages that are permanently bound or in a continuous form and shall not have any attachment stapled or otherwise affixed to any page except as necessary to comply with statutory requirements. However, the individual pages of a document or instrument may be stapled together for presentation for recording. A label that is firmly attached with a bar code or return address may be accepted for recording” (MCA 89-5-24[1][a]).

3. Font Size: “All documents must be printed or typed in a font no smaller than eight (8) point in size. If a document or instrument, other than a plat or survey or a drawing related to a plat or survey, presented for recording contains type smaller than eight (8) point type, the document or instrument shall be accompanied by an exact typewritten or printed copy that meets the requirements of this section” (MCA 89-5-24[1][b]).

4. Legibility: “Each document shall be of sufficient legibility to produce a clear reproduction. If a document or instrument, other than a plat or survey or a drawing related to a plat or survey, is not sufficiently legible to produce a clear reproduction, the document or instrument shall be accompanied by an exact typewritten or printed copy that meets the type size requirements of paragraph (b) and shall be recorded contemporaneously as additional pages of the document or instrument” (MCA 89-5-24[1][c]).

5. Paper Weight: “Each document or instrument, other than a plat or survey or a drawing related to a plat or survey, shall be on white paper of not less than twenty-pound weight. All text within the document or instrument shall be of sufficient color and clarity to ensure that the text is readable when reproduced from the record” (MCA 89-5-24[1][d]).

6. Signatures: “All signatures on a document or instrument shall be in black or blue ink and of sufficient color and clarity to ensure that the signatures are of sufficient legibility to produce a clear reproduction when the document or instrument is reproduced from the record. The corresponding name shall be typed, printed or stamped beneath the original signature. The typing or printing of a name or the application of an embossed or inked stamp shall not cover or otherwise materially interfere with any part of the document or instrument except where provided by law. Failure to print or type signatures as required in this paragraph does not invalidate the document or instrument” (MCA 89-5-24[1][e]).

7. Margins: “The first page of each document or instrument, other than a plat or survey or a drawing related to a plat or survey, shall have a top margin of at least three (3) inches of vertical space from left to right which shall be reserved for the recorder’s use. All other margins on the document or instrument shall be a minimum of three-fourths (3/4) of one (1) inch. Nonessential information including, but not limited to, form numbers or customer notations may be placed in a margin other than the top margin. A document may be recorded if a minor portion of a seal or incidental writing extends into a margin. The recorder shall not incur any liability for failure to show a seal or information that extends beyond the margin of the permanent archival record” (MCA 89-5-24[1][f]).

Go to top.

Notarial Acts in Mississippi

“(1) A notarial act may be performed in this state by:
“(a) A notary public of this state;
“(b) An elected judge, a clerk or deputy clerk of a court of this state; or
“(c) The Mississippi Secretary of State or a Mississippi Assistant Secretary of State.
“(2) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of a notarial officer described in subsection (1) conclusively establish the authority of the officer to perform the notarial act” (MCA 25-34-21).

Notarial Acts in U.S. State or Jurisdiction

“(1) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by:
“(a) A notary public of that state;
“(b) A judge, a clerk or a deputy clerk of a court of that state; or
“(c) Any other individual authorized by the law of that state to perform the notarial act.
“(2) The signature and title of an individual performing a notarial act in another state is prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of a notarial officer described in subsection (1)(a) or (b) conclusively establish the authority of the officer to perform the notarial act” (MCA 25-34-23).

Notarial Acts Under Authority of Federally Recognized Indian Tribe

“(1) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect under the laws of this state as if performed by a notarial officer of this state, if the act performed in the jurisdiction of the tribe is performed by:
“(a) A notary public authorized by the tribe;
“(b) A judge, a clerk or a deputy clerk of a court of that tribe; or
“(c) Any other individual authorized by the law of the tribe to perform the notarial act.
“(2) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe is prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of a notarial officer described in subsection (1)(a) or (b) conclusively establish the authority of the officer to perform the notarial act” (MCA 25-34-25).

Notarial Acts Under Federal Law

“(1) A notarial act performed under federal law has the same effect under the laws of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by:
“(a) A judge, clerk or deputy clerk of a court;
“(b) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
“(c) An individual designated a notarizing officer by the United States Department of State for performing notarial acts overseas; or
“(d) Any other individual authorized by federal law to perform the notarial act.
“(2) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
“(3) The signature and title of an officer described in subsection (1)(a), (b) or (c) conclusively establish the authority of the officer to perform the notarial act” (MCA 25-34-27).

Notarial Acts in Foreign State

“(1) In this section, “foreign state” means a government other than the United States, a state of the United States or a federally recognized Indian tribe.
“(2) If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as though performed by a notarial officer of this state.
“(3) If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is established conclusively.
“(4) The signature and official seal of an individual holding an office described in subsection (3) are prima facie evidence that the signature is genuine and the individual holds the designated title.
“(5) An apostille in the form prescribed by the Hague Convention of October 5, 1961, and issued by a foreign state party to the Convention conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
“(6) A consular authentication issued by an individual designated by the United States Department of State as a notarizing officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office” (MCA 25-34-29).

Go to top.

Secretary of State

Certificates authenticating the acts of all Mississippi Notaries, including apostilles, are issued by the Secretary of State.

1. Address:
   Office of Secretary of State
   P.O. Box 136
   Jackson, MS 39205-0136
   Attention: Notary/Apostille/Authentication

2. For Delivery Services:
   Office of Secretary of State
   125 S. Congress Street
   Jackson, MS 39202
   Attention: Notary/Apostille/Authentication

3. Phone: 601-359-1684

4. Procedure:

   1. Mailed and In-Person Requests: Persons requiring authentication should mail or present in person the original document(s) notarized by a Mississippi Notary Public, along with the appropriate fee.

   2. Request Form: For mail-ins, a “Request for Apostille/Certification” form should be included. This form is available on the website and is designed to be completed online, then printed out (website, “Apostilles & Authentications”).

   3. Fees: $5 per document for a certificate authenticating the act of a Notary, including an apostille. Checks or money orders payable to “Secretary of State” (website, “Apostilles & Authentications”).

   4. Return Delivery: “[I]f you elect to use Federal Express or UPS to send your documents to the Secretary of State’s office and would like the same in return, you MUST include in your original Federal Express/UPS envelope, an additional PREPAID completed Federal Express/UPS return envelope to return your documents to the desired destination. Please be aware that if you do not include a return Federal Express/UPS prepaid envelope your documents will be returned by regular mail” (website, “Apostilles & Authentications”).

Go to top.

© 2024 National Notary Association.