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Mississippi - U.S. Notary Reference

Mississippi - U.S. Notary Reference

Last Update: May 22, 2025

QUICK FACTS

Notary Jurisdiction

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

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ADMINISTRATION AND RULES

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.

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COMMISSION AND APPOINTMENT

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. 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. 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. 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. 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. 5.1.D).

  8. Oath

    1. Requirement: “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]).

    2. Taken Before Mississippi Notary: “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).

    3. Verification of Identity: “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. Bond Form: The bond must be on on SOS Form NP 002 or substantially conform to the bond form in Mississippi Code 25-1-15 (1 Miss. Admin. Code Pt. 5, R. 050.2.4.A.1).

  3. 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”).

  4. Suspending Bond: The Secretary of State may suspend a Notary’s commission if the bond is exhausted by claims, pending the Notary obtaining a new bond and the Secretary determining the Notary’s fitness to serve the remainder of the term (1 Miss. Admin. Code Pt. 5, R. 050.2.4.A.3).

  5. 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).

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NOTARIAL ACTS

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).

    4. Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (MCA 25-34-3[a]):

      1. Signature: The individual must acknowledge that “the individual has signed a record for the purpose stated in the record….”

      2. Representative Capacity and Authority: If the individual has or is signing the record in a representative capacity, the individual must declare “ that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.”

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).

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STANDARDS OF PRACTICE

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 5.9.A).

  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. 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. 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).

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