Missouri - U.S. Notary Reference

Last Update: December 10, 2024

Notary Jurisdiction

Statewide for resident Notaries (RSMo 486.610.1) and only in the course of employment in Missouri for non-resident Notaries (RSMo 486.605.3[1]).

Notary Term Length

Four years (RSMo 486.610.1).

Notary Bond

$10,000 (RSMo 486.615.1).

Notary Seal

Required (RSMo 486.725.1).

Notary Journal

Required (RSMo 486.700.1).

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Commissioning and Regulating Official

The Missouri Secretary of State appoints, commissions, regulates and maintains records on the state’s Notaries (RSMo 486.605.1; 486.810; 486.830).

Contact Information

1. Address: Office of Secretary of State
   Notaries & Commissions Division
   Kirkpatrick State Information Center
   P.O. Box 784
   (600 W. Main St., Room 322)
   Jefferson City, MO 65102-0784

2. Phone: 573-751-2783
   866-223-6535

3. Website: https://s1.sos.mo.gov/Business/Notary

Laws, Rules and Guidelines

1. Laws

   1. Revised Statutes of Missouri: Most Notary statutes are in the Revised Statutes of Missouri (RSMo) Title XXXII, Chapter 486, “Commissioners of Deeds and Notaries Public.”

   2. Citations: Citations to the Revised Statutes in this chapter follow this convention: RSMo, title, chapter, section, and any subsection, paragraph, or subparagraph within the section, if applicable, separated by periods and/or brackets. Example: RSMo 486.635.1[1]).

2. Rules

   1. Missouri Code of State Regulations: Rules regulating Notaries are set forth in the Missouri Code of State Regulations (CSR), Title 15, Division 30:

      1. Chapter 100, Secretary of State—Notary Commission

      2. Chapter 110, Notary Use of Electronic Signatures and Seals

   2. Citations: Citations to the CSR in this chapter follow this convention: Title, CSR, division number followed by a hyphen, and rule number. The rule number consists of the chapter number within the division followed by a period, rule number, and any section and subsection within the rule number, if any, separated by periods and/or brackets. Example: (15 CSR 30-110.020[7]).

3. Guidelines: Other guidelines are in the “Missouri Notary Handbook” (MNH) (January 2021 edition), issued by the Secretary of State and available on the website.

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Commission Process

1. Qualifications: An applicant for a commission as a Missouri Notary Public must:
   (a) be at least 18 years old,
   (b) reside legally in the United States,
   (c) reside in or have a regular place of work or business in Missouri,
   (d) be able to read and write the English language and
   (e) pass an examination (RSMo 486.605.2).

2. Application Denial: The Secretary of State may deny an application based on submission of an application containing a material misstatement or omission of fact, an applicant’s final adjudication and conviction or plea of guilty or nolo contendere in a criminal prosecution under any states’ laws or of the U.S., a felony conviction or plea of any offense involving dishonesty or moral turpitude issued within the past five years, a finding or admission of liability in a civil lawsuit based on the applicant’s deceit, revocation, suspension, restriction, or denial of a Notary commission or professional license by Missouri or any other state or nation within five years after such action, or an official finding that the applicant has previously engaged in official misconduct, regardless of whether disciplinary action resulted (RSMo 486.605.4).

3. Course: An applicant for a Notary commission must attest to having read the Missouri Notary Public Handbook or received training in a manner prescribed by the Secretary of State (RSMo 486.630.3[1]).

4. Exam: Required (RSMo 486.605.2[5]). A passing score on the examination is eighty percent or higher (RSMo 486.630.3[2]).

5. Application

   1. Prescribed Forms: The application forms prescribed by the Secretary of State and available for download from the Secretary’s website must be used (MNH). Applications may also be obtained by calling the Secretary’s office or from the Secretary’s branch offices in St. Louis, Kansas City, and Springfield.

   2. Online or Mail: The application for a commission may be completed online or submitted to the Secretary of State by mail. Instructions for applying online or by mail may be found on the Secretary’s website (under “How to Become a Notary”).

      1. Online Applications: If completed online, the system will automatically enter the applicant’s training certificate number in the space provided on the web form and prompt the applicant to upload any additional documentation required to process the application, such as a copy of a permanent resident card (for applicants who are permanent resident aliens).

      2. Mailed Applications: If completed by hand and mailed, a certificate showing completion of state-approved Notary training (or a completed “Written Notary Training Course” — examination form) and, if the applicant is a permanent resident alien, a copy of the applicant’s green card (RSMo 28.160[3] and 486.225[1], [2] and [6]) must be attached to the application along with a check for $25 payable to the Secretary of State.

   3. Fee: $25, payable by check or money order to Secretary of State, credit/debit card or eCheck (additional transaction fees apply).

   4. Resident Applicants: “The applicant for resident notary must request that our office issue their notary public commission for the county in which they reside or regular place of business” (MNH). If the applicant resides in St. Louis City, the applicant must indicate “St. Louis City” in the space labeled “County of Residence or regular place of work or business” (MNH).

6. Background Screening: Not required.

7. Qualifying Before County Clerk

   1. Delivery of Commission: The Secretary of State will mail the new commission to the appropriate county clerk (RSMo 486.620.1).

   2. Maximum Filing Timeframe: The new Notary will be notified by the Secretary of State that he or she has 60 days to appear in person before this clerk (RSMo 486.620.2[2]). “Any notary who fails to qualify within the sixty days may be required to reapply for a notary commission” (MNH).

   3. Bond, Oath, Signature Specimen: When the Notary appears, he or she must present a $10,000 surety bond, take the oath of office, and submit a signature specimen, after which the county clerk will present the commission to the Notary (RSMo 486.620).

   4. Mail Bond and Oath to Secretary, Timeframe: The Notary must then mail the bond and oath to the Secretary of State within seven days from the date of the oath (RSMo 486.620.2[3] and MNH).

8. Nonresidents: Persons residing in other states but working in Missouri may become Missouri Notaries. A nonresident applicant, in addition, must be employed in Missouri, use the Notary seal only in the course of employment, and authorize the Missouri Secretary of State to accept service of process or other legal notifications on their behalf (RSMo 486.605.3 and MNH).
   “Non-resident applicants applying for a Missouri notary public commission must indicate the name of their employer and the Missouri county or St. Louis City where the employer is located and where the applicant reports for work” (MNH).
   “If the notary is presently commissioned as a non-resident notary public and they move into Missouri, the notary may immediately be appointed and commissioned as a notary upon becoming a resident. The notary will need to return their nonresident notary certificate with a request to resign that commission, along with a completed application as a resident, proof of training and the $25 fee for issuing another commission” (MNH).

9. Reappointment: Notaries are not automatically reappointed when their current commissions expire, but must reapply for a new commission every four years. Applications for recommissioning should be submitted no earlier than six weeks prior to the Notary’s current commission expiration (MNH).

Registration to Perform In-Person Electronic and Remote Notarial Acts

1. In-Person Electronic Notarial Acts

   1. Requirement: An individual must be commissioned as a Missouri Notary Public and register the capability of performing electronic notarial acts with the Secretary of State prior to performing electronic notarial acts. Upon recommissioning, a Notary must reregister to perform electronic notarial acts. Registration to perform electronic notarial acts may done at the same time one applies or reapplies for a Notary commission (RSMo 486.905).

   2. Course: “1. Before initially registering the capability to perform electronic notarial acts, an electronic notary shall complete a course of instruction as approved by the secretary, in addition to the course required for commissioning as a notary, and pass an examination based on the course.
      “2. The content of the course shall be notarial laws, procedures, and ethics pertaining to electronic notarization” (RSMo 486.910).

   3. Application: A Notary must complete and electronically sign an electronic registration form that includes proof of completion of the required course, a description of the separate means that will be used to produce electronic signatures and seals, any keys, codes, software, decrypting instructions or graphics that will allow electronic signatures and seals to be verified, the names of the licensed authorities issuing the means for producing electronic signatures and seals, the source of each license, and the starting and ending dates of each certificate, software, or process. The application also must include an explanation of any revocation, annulment, or other premature termination of any certificate, software, or process ever issued or registered to the applicant to produce electronic signatures and seals and a declaration that the Notary will use the means issued or authorized to produce electronic signatures and seals for this purpose, and the access instructions that will allow the Notary’s electronic journal to be viewed, printed, and copied (RSMo 486.920.1).

   4. Online Database: “The secretary may regularly publish a list of persons whose notary commissions have been suspended or revoked by the secretary, including electronic notaries and remote online notaries” (RSMo 486.820).

   5. Termination of Commission Terminates Registration: “Any revocation, resignation, expiration, or other termination of the commission of a notary public immediately terminates any existing registration as an electronic notary” (RSMo 486.990.1).

   6. Termination of Registration: “2. A notary’s decision to terminate registration as an electronic notary shall not automatically terminate the underlying commission of the notary.
      “3. A notary who terminates registration as an electronic notary shall notify the secretary in writing and dispose of any pertinent software, coding, disk, certificate, card, token, or program as described in subsection 1 of [RSMo] section 486.995” (RSMo 486.990.2-.3).

   7. Destruction of E-Signature and E-Seal: “1. Except as provided in subsection 2 of this section, if the commission of an electronic notary public expires or is resigned or revoked, if registration as an electronic notary terminates, or if an electronic notary dies, the notary or the notary’s duly authorized representative shall, within thirty business days, permanently erase or expunge the software, coding, disk, certificate, card, token, or program that is intended exclusively to produce registered electronic notary seals, registered single elements combining the required features of an electronic signature and notary seal, or registered electronic signatures that indicate status as a notary.
      “2. A former electronic notary public whose previous commission expired shall not be subject to subsection 1 of this section if such electronic notary public, within three months after expiration, is recommissioned and reregistered as an electronic notary public using the same registered means for producing electronic notary seals and signatures” (RSMo 486.995).

2. Remote Notarial Acts

   1. Requirement: An individual must be commissioned as a Missouri Notary Public and register the capability of performing remote online notarial acts with the Secretary of State prior to performing remote online notarial acts. Upon recommissioning, a Notary must reregister to perform remote online notarial acts. Registration to perform remote online notarial acts may done at the same time one applies or reapplies for a Notary commission (RSMo 486.1120).

   2. Course: “1. Before initially registering the capability to perform remote online notarial acts, a notary shall complete a course of instruction as approved by the secretary, in addition to the course required for commissioning as a notary, and pass an examination based on the course.
      “2. The content of the course shall be notarial laws, procedures, and ethics pertaining to electronic notarization” (RSMo 486.1125).

   3. Application: A Notary must complete and electronically sign an electronic registration form that includes proof of completion of the required course, a description of the separate means that will be used to produce electronic signatures and seals, any keys, codes, software, decrypting instructions or graphics that will allow electronic signatures and seals to be verified, the names of the licensed authorities issuing the means for producing electronic signatures and seals, the source of each license, and the starting and ending dates of each certificate, software, or process. The application also must include an explanation of any revocation, annulment, or other premature termination of any certificate, software, or process ever issued or registered to the applicant to produce electronic signatures and seals and a declaration that the Notary will use the means issued or authorized to produce electronic signatures and seals for this purpose, and the access instructions that will allow the Notary’s electronic journal to be viewed, printed, and copied (RSMo 486.1130.1[1]).
      In addition, a registrant must describe the technology that the Remote Online Notary will use to perform remote online notarizations and any other information required by the Secretary of State (RSMo 486.1130.1[2]-[3]).
      “Each applicant to be a registered remote electronic notary shall complete the information required to be an electronic notary public; provide the list of technology will use to perform notarial acts, from the list of approved vendors. A remote electronic notary public authorizes the secretary to access any software vendor’s records of any notarial act executed by them during an investigation of an official complaint” (MNH).

   4. Disposition of Journal and Records: “Upon resignation, revocation, or expiration of a notary commission, or death of the remote online notary:
      “(1) The journal and notarial records shall be delivered to the secretary in accordance with [RSMo] section 486.795 or [RSMo] section 486.800 by any means providing a tangible receipt, including certified mail and electronic transmission, allowing that an electronic journal may be delivered on disk, printed on paper, or transmitted electronically, in accordance with the requirements of the secretary; and
      “(2) In the case of an electronic journal and its backup copy whose disks or other physical storage media are not required to be surrendered, no further entries shall be made in the journal and its backup, both of which shall be safeguarded until both shall be erased or expunged after ten years from the date of the last entry by the notary or the notary’s personal representative” (RSMo 486.1205).

Online Search

A search of Missouri’s list of current Notaries may be conducted on the Secretary of State’s website. Searches may be done by Notary name (last name and at least the first letter of the first name), county, or both Notary name and county (website, “Notary Public Search”). Among the information provided are the Notary’s commission starting and expiration dates.

Jurisdiction

“A person commissioned as a notary may perform notarial acts in any part of this state, and only in this state….” (RSMo 486.610.1).

Term Length

“A person commissioned as a notary may perform notarial acts … for a term of four years, unless the commission is earlier revoked under [RSMo] section 486.810 or resigned under [RSMo] section 486.790” (RSMo 486.610.1).

Bond

1. Requirement: “A notary commission shall not become effective until an oath of office and a ten thousand dollar bond have been presented to the county clerk of the county in which a person has been commissioned. The bond shall be executed by a licensed Missouri surety, for a term of four years commencing on the commission’s issue date and terminating on its expiration date, with payment of bond funds to any person conditioned upon the notary’s official misconduct” (RSMo 486.615.1).
   “The bond should be executed by the licensed Missouri surety within 60 days after the application is approved by our office” (MNH).

2. Maintaining the Bond: “If a notary bond has been exhausted by claims paid out by the surety, the secretary shall suspend the notary’s commission until:
   “(1) A new bond is obtained by the notary; and
   “(2) The notary’s fitness to serve the remainder of the commission term is determined by the secretary” (RSMo 486.615.3).

Changes of Status

1. Address Change:

   1. Filing Timeframe, Fee: Within ten days after the change of a notary’s residence, business, or mailing address, the notary shall send to the secretary by any means providing a tangible receipt, including certified mail and electronic transmission, a signed notice of the change, giving both old and new addresses, along with a fee of five dollars” (RSMo 486.780.1).

   2. Amended Commission: Once the Secretary of State has processed the address change, the Secretary will forward an amended commission with the change to the Notary (MNH).

2. Work or Business Address Change: “If the address of the regular place of work or business is changed, the notary shall not perform a notarial act until:
   “(1) The notice described in subsection 1 of this section has been delivered or transmitted;
   “(2) A confirmation of the notary’s name or address change has been received from the secretary; and
   “(3) The surety for the notary’s bond has been informed in writing” (RSMo 486.780.2).

3. Name Change

   1. Filing Timeframe, Fee: “Within ten days after the change of a notary’s name by court order or marriage, the notary shall send to the secretary by any means providing a tangible receipt, including certified mail and electronic transmission, a signed notice of the change, giving both the former and the new name, with a copy of any official authorization for such change, along with a fee of five dollars” (RSMo 486.785.1).

   2. Use of Old Name, Requirements: “A notary with a new name shall continue to use the former name in performing notarial acts until:
      “(1) The notice described in subsection 1 of this section has been delivered or transmitted;
      “(2) A confirmation of the notary’s name or address change has been received from the secretary;
      “(3) A new seal bearing the new name exactly as in the confirmation has been obtained; and
      “(4) The surety for the notary’s bond has been informed in writing.
      “3. Upon completing the requirements of subsection 2 of this section, the notary shall use his or her new name” (RSMo 486.785.2).

   3. Amended Commission: Once the Secretary of State has processed the name change, the Secretary will forward an amended commission with the change to the Notary (MNH).

4. Resignation

   1. Voluntary Resignation: “A notary who resigns his or her commission shall send to the secretary by any means providing a tangible receipt, including certified mail and electronic transmission, a signed notice indicating the effective date of resignation” (RSMo 486.790.1).

   2. Required Resignation: “A notary who ceases to reside in or to maintain a regular place of work or business in this state, or who becomes permanently unable to perform their notarial duties, shall resign their commission” (RSMo 486.790.2).

5. Electronic Notaries

   1. Change of Email Address: “Within five business days after the change of an electronic notary public’s e-mail address, the notary shall electronically transmit to the secretary a notice of the change secured by a registered electronic signature of the notary” (RSMo 486.980.1).

   2. Change of Information, Access Instructions: “Any change or addition to the data on the electronic registration form described in [RSMo] section 486.920, including any change to an electronic journal’s access instructions, shall be reported within ten days to the secretary” (RSMo 486.980.2).

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Authorized Acts

1. Notarial Acts: Missouri Notaries are authorized to perform the following notarial acts (RSMo 486.640):

   1. Take acknowledgments and proofs (RSMo 442.150);

   2. Administer oaths and affirmations;

   3. Execute jurats;

   4. Witness signatures;

   5. Certify copies;

   6. Perform any other act authorized by law.

2. In-Person Electronic Notarial Acts: Missouri Notaries who have registered with the Secretary of State to perform in-person electronic notarial acts are authorized to perform the following acts (RSMo 486.925):

   1. Take acknowledgments;

   2. Execute jurats;

   3. Witness signatures;

   4. Certify copies.

3. Remote Notarial Acts: Missouri Notaries who have registered with the Secretary of State to perform remote notarial acts are authorized to perform the following acts (RSMo 486.1140):

   1. Take acknowledgments;

   2. Execute jurats.

Acknowledgments

1. Definition: An acknowledgment is “a notarial act in which an individual at a single time and place:
   “(a) Appears in person before the notary and presents a document;
   “(b) Is personally known to the notary or identified by the notary through satisfactory evidence; and
   “(c) Indicates to the notary that the signature on the document was voluntarily affixed by the individual for the purposes stated within the document and, if applicable, that the individual had due authority to sign in a particular representative capacity” (RSMo 486.600[1]).

2. Requirements: “All deeds or other conveyances of lands, or of any estate or interest therein, shall be subscribed by the party granting the same, or by his lawful agent, and shall be acknowledged or proved and certified in the manner herein prescribed” (RSMo 442.130.1).
   “All officers within … the state of Missouri now by the laws of this state authorized to take the proof or acknowledgment of any conveyance or other instrument in writing affecting real estate, shall have the power to take the proof or acknowledgment of any instrument in writing” (RSMo 442.155.1).

Proofs

1. Authority: “The proof … of every conveyance or instrument in writing affecting real estate in law or equity, including deeds of married women, shall be taken by some one of the following courts or officers … [i]f acknowledged or proved within this state, by some court having a seal, or some judge, justice or clerk thereof, or a notary public” (RSMo 486.150).

2. Requirements: “The proof of the execution of any instrument in writing, conveying real estate, or whereby any real estate may be affected in law or equity, shall be:
   (1) By the testimony of a subscribing witness; or
   (2) When all the subscribing witnesses are dead or cannot be had, by evidence of the handwriting of the party, and of at least one subscribing witness, given by at least two credible witnesses to each signature” (RSMo 442.260).

Oaths and Affirmations

1. Definitions

   1. Oath: An oath is “a notarial act, or part thereof, that is legally equivalent to an affirmation and in which an individual at a single time and place:
      “(a) Appears in person before the notary;
      “(b) Is personally known to the notary or identified by the notary through satisfactory evidence; and
      “(c) Makes a vow of truthfulness or fidelity on penalty of perjury while invoking a deity or using any form of the word ‘swear’” (RSMo 486.600[13]).

   2. Affirmation: An affirmation is “notarial act, or part thereof, that is legally equivalent to an oath and in which an individual at a single time and place:
      “(a) Appears in person before the notary;
      “(b) Is personally known to the notary or identified by the notary through satisfactory evidence; and
      “(c) Makes a vow of truthfulness or fidelity on penalty of perjury, based on personal honor and without invoking a deity or using any form of the word ‘swear’” (RSMo 486.600[2]).

2. Authority: “Every court and judge, justice and clerk thereof, notaries public, certified court reporters and certified shorthand reporters, shall respectively have power to administer oaths and affirmations to witnesses and others concerning any thing or proceeding pending before them, respectively, and to administer oaths and take affidavits and depositions within their respective jurisdictions, in all cases where oaths and affirmations are required by law to be taken” (RSMo 492.010).”

3. Requirements

   1. Ceremony: “Whenever the court or officer by whom any person is about to be sworn shall be satisfied that such person has any peculiar mode of swearing connected with or in addition to the usual form of administering oaths, which is to him of more solemn and binding obligation, the court or officer shall adopt that mode which shall appear to be most binding on the conscience of the person to be sworn” (RSMo 492.040).

   2. Religious Ceremony: “Every person, believing in any other than the Christian religion, shall be sworn according to the peculiar ceremonies of his religion, if there be any such ceremonies” (RSMo 492.050).

   3. Affirmations: “Every person who shall declare that he has conscientious scruples against taking an oath or swearing in any form shall be permitted to make his solemn declaration or affirmation in the following form: ‘You do solemnly declare and affirm’, etc., concluding with the words ‘under the pains and penalties of perjury’” (RSMo 492.030).

Jurats

1. Definition: A jurat is “a notarial act in which an individual at a single time and place:
   “(a) Appears in person before the notary and presents a document;
   “(b) Is personally known to the notary or identified by the notary through satisfactory evidence;
   “(c) Signs the document in the presence of the notary; and
   “(d) Takes an oath or affirmation from the notary vouching for the truthfulness or accuracy of the signed document” (RSMo 486.600[9]).

2. Requirements: “If the notary certificate states “Subscribed and sworn to/affirmed before me”, etc., then the document must be signed by the signer in the presence of the notary. An oath or affirmation must be administered to the person whose signature the notary is notarizing. If a document is already signed when it is presented for notarization, the notary should ask the person to resign the document again in their presence” (MNH).

Signature Witnessings

Definition: A signature witness is “a notarial act in which an individual at a single time and place:
“(a) Appears in person before the notary and presents a document;
“(b) Is personally known to the notary or identified by the notary through satisfactory evidence; and
“(c) Signs the document in the presence of the notary” (RSMo 486.600[23]).

Copy Certifications

1. Definition: A copy certification is “a notarial act in which a notary:
   “(a) Locates or is presented with a paper or an electronic document that is not a vital record, a public record, or a recorded document;
   “(b) Compares the document with a second paper or electronic document that is:
   “a. Presented to the notary;
   “b. Located by the notary; or
   “c. Copied from the first document by the notary; and
   “(c) Confirms through a visual or electronic comparison that the second document is an identical, exact, and complete copy of the image or text and, if applicable, metadata of the first document” (RSMo 486.600[4]).

2. Requirements

   1. Documents from Other States, Countries: “Some documents cannot be reproduced and cannot be certified by Missouri Notaries Public. Missouri notaries do not have authority to certify documents from other states and countries” (MNH).

   2. Vital Records: “Birth and death certificates should be obtained from the Missouri Department of Health and Senior Services, Bureau of Vital Records.… Vital Records will issue a certified copy of these MISSOURI records.… Marriage licenses can sometimes be obtained from the county recorder of deeds offices where they have been recorded for public record. Divorce decrees can sometimes be obtained from the circuit clerk where they have been filed. The recorder of deeds or circuit clerk will issue and sign the copy of the original document” (MNH).

3. Paper Printout Copy Certification

   1. Authority: House Bill 1655 created a new type of copy certification that a Notary Public may perform. Notaries may certify that a paper copy of an electronic record is a true copy: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied by a paper copy of an electronic document bearing an electronic signature of the person authorized to perform that act, and all other information required to be included, that a notary public has certified to be a true and correct copy of a document that was originally in electronic form and bearing an electronic signature of the person pursuant to subsection 3 of this section” (RSMo 59.569.2 and .5).

   2. Requirements: The paper printout copy certification must satisfy the following requirements:

      1. Independent, Tamper-Evident Electronic 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 (RSMo 59.569.6[1]).

      2. Print or Supervise Printing of Copy: The Notary must personally print or supervise the printing of the electronic document onto paper (RSMo 59.569.6[2]).

      3. Make No Changes: The Notary may not make any changes or modifications to the electronic document other than completing the certificate of notarial act (RSMo 59.569.6[3]).

      4. Notarial Certificate: The certificate for a paper printout copy certification must be signed and dated by the Notary in the same manner as on file with the Secretary of State, identify the jurisdiction in which the certification is performed, contain the Notary’s title, indicate the date of expiration, if any, of the Notary’s commission; and, include an official seal or stamp of the Notary affixed to or embossed on the certificate (RSMo 49.569.3).

      5. Eligible Documents: A Notary may perform a copy certification of a paper printout of an electronic record only on documents presented to a recorder of deeds for recordings pursuant to RSMo chapters 442 or 443 (RSMo 59.569.10).

      6. Excepted Documents: Certain plats, maps and surveys may not meet the requirements for a Notary to perform a paper printout copy certification (RSMo 59.569.9).

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” (RSMo 400.3-505[b]).

2. Requirements: “[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” (RSMo 400.3-505[b]).

In-Person Electronic Notarial Acts

Definition: “'Electronic notarial act' and ‘electronic notarization’, [mean] an official act involving an electronic document that is performed in compliance with sections 486.900 to 486.1010 by an electronic notary public as a security procedure as defined in the uniform electronic transactions act, sections 432.200 to 432.295” (RSMo 486.900[5]).

Remote Notarial Acts

Definition: “'Remote online notarization' or ‘remote online notarial act’, [mean] an electronic notarial act performed by means of communication technology that meets the standards as provided in sections 486.1100 to 486.1205” (RSMo 486.1100[10]).

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Personal Appearance

1. Notarial Acts: “A notary shall perform a notarial act only if the principal… [i]s in the presence of the notary at the time of notarization” (RSMo 486.645.1[1]).
   “Q. May I take an acknowledgement over the phone? – “A. The acknowledgement is a part of the notarial process and must be done with the client personally appearing before the notary” (website, “Frequently Asked Questions”).

2. Remote Notarial Acts

   1. Definition: “‘Appears in person before the notary’ or ‘personally appear before the notary’ or ‘in the presence of the notary’, includes, in the case of a remote online notarization, a principal and any required witness appearing by remote means in accordance with [RSMo] sections 486.1100 to 486.1205” (RSMo 486.1100[1]).

   2. Requirement: “A remote online notary shall perform a remote online notarization only if the principal … [i]s in the presence of the notary utilizing live audio-video conferencing technology at the time of notarization” (RSMo 486.1150[1]).

Identification

1. Notarial Acts

   1. Definitions

      1. Personal Knowledge: “‘Personal knowledge of identity’ and ‘personally knows’” means “familiarity with an individual resulting from interactions with that individual over a period of time sufficient to dispel any reasonable uncertainty that the individual has the identity claimed” (RSMo 486.600[17]).

      2. Satisfactory Evidence: “Satisfactory evidence” means “evidence of identification of an individual based on:
         “(a) At least one current document issued by a federal, state, or tribal government in a language understood by the notary and bearing the photographic image of the individual’s face and signature and a physical description of the individual, or a properly stamped passport without a physical description; or
         “(b) The oath or affirmation of one credible witness disinterested in the document or transaction who is personally known to the notary and who personally knows the individual, or of two credible witnesses disinterested in the document or transaction who each personally knows the individual and shows to the notary documentary identification as described in paragraph (a) of this subdivision” (RSMo 486.600[21]).

   2. Requirement: A notary shall perform a notarial act only if the principal … [i]s personally known to the notary or identified by the notary through satisfactory evidence” (RSMo 486.645.1[2]).

   3. Acknowledgments Affecting Real Estate: No acknowledgment of a document affecting real estate may be taken unless the notarizing officer either (a) personally knows the acknowledger, or (b) bases the identification on at least two credible witnesses (RSMo 442.200). The names and places of residence of these credible witnesses must be inserted on the certificate (RSMo 442.210).

   4. Proofs: “No proof by a subscribing witness shall be taken, unless such witness shall be personally known to at least one judge of the court, or to the officer taking the proof, to be the person whose name is subscribed to the instrument as a witness thereto or shall be proved to be such by at least two credible witnesses” (RSMo 442.270).

2. Remote Notarial Acts

   1. Requirements: “1. For the purposes of performing a remote online notarial act for a person using audio-video communication, a remote online notary public has satisfactory evidence of the identity of the person if the remote online notary public confirms the identity of the person by:
      “(1) Personal knowledge of the identity;
      “(2) Each of the following, if approved by rules adopted by the secretary of state:
      “(a) Remote presentation by the person of an identification credential, including a passport or driver’s license, that contains a photograph and the signature of the person;
      “(b) Credential analysis; and
      “(c) Identity proofing of the person described in paragraph (a) of this subdivision;
      “(3) Any other method that complies with any rules adopted by the secretary of state; or
      “(4) A valid certificate that complies with any rules adopted by the secretary of state.
      “2. Such rules shall be subject to the limitations in [RSMo] section 486.830” (RSMo 486.1145).

   2. Credential Analysis Standards

      1. Type of Credential: “Credentials must be a government issued document meeting the requirements of the state that issued the document, may be imaged, photographed, and video recorded under state and federal law, and can be subject to credential analysis” (15 CSR 30-115.050[4]).

      2. Credential Authenticity: “The credential must pass an authenticity test, consistent with sound commercial practices that--
         “(A) Uses appropriate technology to confirm the integrity of visual, physical, or cryptographic security features;
         “(B) Uses appropriate technology to confirm that the credential is not fraudulent or inappropriately modified;
         “(C) Uses information held or published by the issuing source or authenticity source(s), as available, to confirm the validity of credential details; and
         “(D) Provides the output of the authenticity to the notary” (15 CSR 30-115.050[2]).

      3. Visual Comparison: “The credentials analysis procedure must enable the notary to visually compare both of the following for consistency:
         “(A) The information and photo on the presented credential image; and
         “(B) The principal as viewed by the notary in real time through the audio/video system” (15 CSR 30-115.050[3]).

      4. Image Capture: “The credential image capture procedure must confirm that--
         “(A) The principal is in possession of that credential at the time of the notarial act;
         “(B) That the credential image submitted for analysis has not been manipulated; and
         “(C) The credential image matches the credential in the principal's possession” (15 CSR 30-115.050[5]).

      5. Image Resolution: “The following general principles should be considered in the context of image resolution:
         “(A) The captured image resolution should be sufficient for the service provider to perform credential analysis per the requirements above;
         “(B) The image resolution should be sufficient to enable visual inspection by the notary, including legible text and clarity of photographs, barcodes, and other credential features; and
         “(C) All images necessary to perform visual inspection and credential analysis must be captured - e.g. U.S. Passport requires identity page; state driver's license requires front and back” (15 CSR 30-115.050[6]).

   3. Dynamic Knowledge-Based Authentication (DKBA) Standards

      1. Test Composition, Score: Each principal must answer questions and achieve a passing score from--
         “1. At least five (5) questions drawn from public or private data sources;
         “2. A minimum of five (5) possible answer choices per question;
         “3. At least four (4) of the five (5) questions answered correctly to pass (a passing score of eighty percent (80%)); and
         “4. All five (5) questions answered within two (2) minutes” (15 CSR 30-115.050[7][A]).

      2. DKBA Retakes: “Each principal must be provided a reasonable number of attempts per signing session.
         “1. If a principal fails their first quiz, they may attempt up to two (2) additional quizzes within forty-eight (48) hours from the first failure.
         “2. During any quiz retake a minimum of forty percent (40%), or two (2), of the prior questions must be replaced….” (15 CSR 30-115.050[7][B]).

      3. DKBA Not Recorded: “The RON system provider must not include the KBA procedure as part of the video recording or as part of the system provided person-to-person video interaction between the notary and the signatory; and must not store the data or information presented in the KBA questions and answers. However, the output of the KBA assessment procedure must be provided to the notary” (15 CSR 30-115.050[7][C]).

   4. Biometrics Standards: “Biometric sensing technology includes, but is not limited to, facial, voice, and fingerprint recognition” (15 CSR 30-115.050[7][D]).

Refusal of Services

1. Discrimination: “A notary shall not refuse to perform a notarial act based on the characteristics protected from employment discrimination pursuant to [RSMo] section 213.055” (RSMo 486.650.1).

2. Unlawful or Prohibited Transaction or Act: “A notary shall perform any notarial act described in [RSMo] section 486.640 for any person requesting such a notarial act who tenders the appropriate fee specified in [RSMo] section 486.685, unless … [t]he notary knows or has a reasonable belief that the notarial act or the associated transaction is unlawful; [or] [t]he notarial act is prohibited in [RSMo] section 486.645 or subsection 1 of this section” (RSMo 486.650.2[1]-[2]).

3. Number or Timing of Requests: “A notary shall perform any notarial act described in [RSMo] section 486.640 for any person requesting such a notarial act who tenders the appropriate fee specified in [RSMo] section 486.685, unless …[t]he number or timing of the requested notarial act or acts practicably precludes completion at the time of the request, in which case the notary shall arrange for later completion of the requested act or acts without unreasonable delay” (RSMo 486.650.2[3]).

4. Not Registered to Perform Electronic Notarizations: “A notary shall perform any notarial act described in [RSMo] section 486.640 for any person requesting such a notarial act who tenders the appropriate fee specified in [RSMo] section 486.685, unless… [i]n the case of a request to perform an electronic notarial act, the notary is not registered to notarize electronically in accordance with [RSMo] sections 486.900 to 486.1010” (RSMo 486.650.2[4]).

Signature by Mark

“A notary may certify the affixation of a signature by mark by a principal on a document presented for notarization if:
“(1) The mark is affixed in the presence of the notary and two witnesses disinterested in the document;
“(2) Both witnesses sign their own names beside the mark;
“(3) The notary writes below the mark: “Mark affixed by (name of signer by mark) in the presence of (names and addresses of two witnesses) and the undersigned notary pursuant to section 486.645, RSMo”; and
“(4) The notary notarizes the signature by mark through an acknowledgment, jurat, or signature witnessing” (RSMo 486.645.2).

Awareness or Competence

“A notary shall perform a notarial act only if the principal … [a]ppears to understand the nature of the transaction requiring a notarial act” (RSMo 486.645.1[3]).

Willingness

“A notary shall perform a notarial act only if the principal … [a]ppears to be acting of his or her own free will” (RSMo 486.645.1[4]).

Common Language

1. Signature in Common Language: “A notary shall perform a notarial act only if the principal … [s]igns using letters or characters of a language that is understood by the notary” (RSMo 486.645.1[5]).

2. Direct Communication: “A notary shall perform a notarial act only if the principal … [c]ommunicates directly with the notary in a language both understand” (RSMo 486.645.1[6]).

Disqualifying Interest

1. Personal: A notary is disqualified from performing a notarial act if the notary is a party to or named in the document that is to be notarized or will receive as a direct or indirect result any commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the fees specified in RSMo 486.685 (RSMo 486.645.3[1]-[2]).
   “Notwithstanding subdivision (2) of subsection 3 of [RSMo 486.645] to the contrary, a notary may collect a nonnotarial fee for services as a signing agent if payment of such fee is not contingent upon the signing, initialing, or notarization of any document” (RSMo 486.645.4).

2. Relatives: “A notary shall be disqualified from performing a notarial act if the notary… [i]s a spouse, domestic partner, ancestor, descendant, or sibling of the principal, including in-law, step, and half relatives” (RSMo 486.645.3[3]).

Subpoena of Subscribing Witness

“Upon the application of any grantee in any instrument in writing required to be recorded or of any person claiming under such grantee, verified by the oath of the applicant, that any witness to such instrument residing in the county where such application is made refuses to appear and testify touching the execution thereof, and that such instrument cannot be proved without his evidence, any court or officer authorized to take the acknowledgment or proof of such instrument may issue a subpoena requiring such witness to appear before such court or officer and testify touching the execution thereof” (RSMo 442.330).

Incomplete Documents

“A notary shall not notarize a signature … [o]n a blank or incomplete document” (RSMo 486.665.1[1]).

Photographs

“A notary shall neither certify nor authenticate a photograph” (RSMo 486.665.2).

Foreign-Language Documents

“Notarizing a foreign language document is not illegal; however, CAUTION should be used as the notary is dependent upon the signer to explain the contents. The notarization might invalidate the document if the document contains specific instructions to the notary as to placement of the notary seal. You may be perceived by your foreign constituent as doing more than merely witnessing signatures…. If you are requested to notarize a document in another language, you will want to note this in your journal. If the notarial certificate is in another language and you can read the language, you may complete the notarial certificate. If you cannot read the notarial certificate, you should complete and notarize an English language notary certificate” (MNH).

Avoidance of Influence

“Except as otherwise provided in subsection 2 of [RSMo] section 486.650, a notary shall not influence a person either to enter into or avoid a transaction involving a notarial act by the notary” (RSMo 486.655.1).

Improper Determinations

“A notary commission shall not authorize the notary to investigate, ascertain, or attest to the lawfulness, propriety, accuracy, or truthfulness of a document or transaction involving a notarial act” (RSMo 486.655.2).

Preparing Legal Documents

1. Prohibition: “A notary who is not an attorney shall not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act” (RSMo 486.675.1).

2. Exception: “Subsection 1 of [RSMo 486.675] shall not preclude a notary who is duly qualified, trained, licensed, or experienced in a particular industry or professional field from selecting, drafting, completing, or advising on a document or certificate related to a matter within that industry or field” (RSMo 486.675.2).

Advertising and Representation

1. Misrepresentation: “A notary shall not claim to have powers, qualifications, rights, or privileges that are not provided under this chapter, including the power to counsel on immigration issues” (RSMo 486.680.1).

2. Non-English Ads – Mandatory Notice: “A notary who is not an attorney who advertises notarial services in a language other than English shall include in the advertisement, notice, letterhead, or sign the following, prominently displayed in the same language:
   “(1) The statement: “I am not an attorney and have no authority to give advice on immigration or other legal matters”; and
   “(2) The fees for notarial acts specified in [RSMo] section 486.685” (RSMo 486.680.2).

3. Use of ‘Notario Publico’: “A notary may not use the term ‘notario publico’ or any equivalent non-English term in any business card, advertisement, notice, or sign” (RSMo 486.680.3).

4. Misuse of Title, Seal: “A notary shall not use the official notary title or seal to endorse, promote, denounce, or oppose any product, service, contest, candidate for political office, ballot measure for any election, or other offering” (RSMo 486.670.2).

Deceit and Fraud

“A notary shall not perform any notarial act with the intent to deceive or defraud” (RSMo 486.670.1).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: Repealing its former Digital Signatures Act, Missouri in 2003 adopted the Uniform Electronic Transactions Act (RSMo 432.200 through 432.295), including the following section on notarization (RSMo 432.250), and thereby recognized the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.”

   2. RSMo 486.900 Through 486.1010: Effective August 28, 2020, Missouri in 2020 enacted substantive statutes regulating the performance of electronic notarial acts. These provisions are summarized below.

   3. Missouri Code of State Regulations: The Missouri Secretary of State has adopted rules regulating the performance of electronic notarial acts in the Missouri Code of State Regulations (CSR), Title 15, Division 30, Chapter 110, “Notary Use of Electronic Signatures and Seals.” These rules are summarized below.

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

3. Standards of Practice: An Electronic Notary shall perform an electronic notarization only under the following circumstances:

   1. Personal Appearance: The principal must be in the presence of the Notary at the time of notarization (RSMo 486.930.1[1]).

   2. Identity of Principal: The principal must be personally known to the Notary or identified by the notary through satisfactory evidence (RSMo 486.930.1[2]).

   3. Mental Competence: The principal must appear to understand the nature of the transaction (RSMo 486.930.1[3]).

   4. Willingness: The principal must appear to be acting of his or her own free will (RSMo 486.930.1[1]).

   5. Direct Communication: The principal must be able to communicate directly with the Notary in a language both understand (RSMo 486.930.1[1]).

   6. Electronic Signature: The principal must reasonably establish the electronic signature as his or her own” (RSMo 486.930.6).

4. Notarial Acts Laws Apply: “In performing electronic notarial acts, an electronic notary shall adhere to all applicable laws governing notarial acts provided in this chapter” (RSMo 486.930.2).

5. Fees: For the maximum fees that an Electronic Notary may charge, see “Fees for Notarial Acts,” below.

6. Journal: For the rules related to keeping journals of electronic notarial acts, see “Records of Notarial Acts,” below.

Remote Notarial Acts

1. Applicable Law

   1. RSMo 486.1100 Through 486.1205: Effective August 28, 2020, Missouri in 2020 enacted substantive statutes regulating the performance of remote notarial acts. These provisions are summarized below.

   2. Missouri Code of State Regulations: Rules regulating Remote Online Notaries are set forth in the Missouri Code of State Regulations Chapter 110. The applicable provisions are summarized below.

2. Technology Systems

   1. Approval of Remote Software: Required.

      1. Statutory Requirements: “Before use by remote online notaries in this state, the secretary shall approve the software to be used in remote online notarial acts. The secretary may only approve remote online notarization software that, at a minimum:
         “(1) Records and archives the remote online session;
         “(2) Provides sufficient audio clarity and video resolution to enable the remote online notary and the principal to see and communicate to each other simultaneously through live, real time transmission;
         “(3) Provides reasonable security measures to prevent unauthorized access to:
         “(a) The live transmission of the audio-video communication;
         “(b) A recording of the audio-video communication;
         “(c) The verification methods and credentials used to verify the identity of the principal; and
         “(d) The electronic documents presented for electronic notarization;
         “(4) Utilizes video technology to be used in a remote electronic notarization session that provides sufficient high-definition for the notary to reasonably assess the principal’s comprehension and volition;
         “(5) Permits the remote online notary to identify the principal to the remote online notary’s satisfaction through a form of authentication that complies with [RSMo] section 486.1145;
         “(6) Permits the principal to identify the remote online notary to his or her satisfaction; and
         “(7) Presents the document being notarized as an electronic document” (RSMo 486.1115.3).

      2. Regulatory Requirements: “(A) The software must allow for at least two (2) types of the following authentications as described in section 110.050, RSMo:
         “1. Credential Analysis of Government Issued Identification;
         “2. Dynamic Knowledge-Based Authentication; and
         “3. Biometrics;
         “(B) The software must provide for a live session using audio-video communication integrated with electronic document processing as described in section 110.060, RSMo;
         “(C) The software must be able to capture the necessary details for the notary to keep an accurate record of the transaction as described in section 110.070, RSMo; and
         ”(D) The software must provide an audit trail for each session as described in section 110.080, RSMo” (15 CSR 30.110.040[1][A]-[D]).

      3. List of Approved System Providers: A list of technology vendors whose systems have been approved by the Secretary may be found at https://s1.sos.mo.gov/Business/Notary/Info/SoftwareVendors.aspx.

3. Audio-Video Standards

   1. Continuous, Synchronous: “A reliable Remote Online Notarization (RON) operating model should consist of continuous, synchronous audio and video feeds with good clarity such that all participants can be clearly seen and understood at all times during the notarial act” (15 CSR 30-110.060[1]).

   2. Discretion of Notary, Audio-Video Quality: “Inherent in online audio/video technology is the presence of temporary surges or spikes in quantitative measures like bitrate and/or frequency of communications and no simple technical limits are practical or prudent. Rather, a sounder approach to ensuring reliable real-time communications is to rely on the judgment of the notary to determine the adequacy of the communications and provide direction to terminate the session if those conditions are not met” (15 CSR 30-110.060[2]).

   3. Audio-Video Recording: “The audio/video recording must include the person-to-person interaction required as part of the Notarial Act as defined by the state, must be logically associated to the electronic Audit Trail, and must be capable of being viewed and heard using broadly available audio/video players” (15 CSR 30-110.060[3]).

   4. Credentials Not Captured: “Video capture of documents or credentials that contain non-public personal information during the RON is not required as part of these standards” (15 CSR 30-110.060[4]).

4. Audit Trail: “Significant actions completed as part of a RON signing session should be recorded in an audit trail. Each entry in this audit trail should clearly indicate the action performed (e.g. addition of an electronic signature), the date/time of its performance (e.g., Coordinated Universal Time, 2018-08-21 01:14:22 UTC), the name of the party performing the action (e.g. John Doe), and the IP address of the party performing the action” (15 CSR 30-110.080[1]).

5. Location of Remote Online Notary: “A remote online notary public shall perform a remote online notarization authorized in [RSMo] sections 486.1100 to 486.1205 only while the remote online notary public is physically located within this state” (RSMo 486.1155).

6. Location of Remotely Located Individual: “A remote online notary public may perform a remote online notarization for a remotely located individual who is physically located:
   “(1) In this state;
   “(2) Outside this state but within the United States; or
   “(3) Outside the United States if the electronic notarization is not prohibited in the jurisdiction in which the principal is physically located at the time of the remote online notarial act” (RSMo 486.1155.2).

7. Fees: For the maximum and ancillary fees that a Remote Online Notary may charge, see “Fees for Notarial Acts,” below.

8. Standards of Practice: A Remote Online Notary shall perform an electronic notarization only under the following circumstances:

   1. Personal Appearance: The principal must be in the presence of the Notary at the time of notarization (RSMo 486.1150[1]).

   2. Identity of Principal: The principal must be personally known to the Notary or identified by the notary through satisfactory evidence (RSMo 486.1150[2]).

   3. Mental Competence: The principal must appear to understand the nature of the transaction (RSMo 486.1150[3]).

   4. Willingness: The principal must appear to be acting of his or her own free will (RSMo 486.1150.1[4]).

   5. Direct Communication: The principal must be able to communicate directly with the Notary in a language both understand (RSMo 486.1150[5]).

   6. Electronic Signature: The principal must reasonably establish the electronic signature as his or her own” (RSMo 486.1150[6]).

9. Tamper-Evident: “Each document completed as part of a RON should be electronically signed and rendered Tamper-Evident” (15 CSR 30-110.080[2]).

10. Records of Remote Notarial Acts: For the rules related to keeping journals and audio-video recordings of remote online notarial acts, see “Records of Notarial Acts,” below.

11. Validity of Remote Online Notarizations: “The validity of a remote online notarization performed by a remote online notary public of this state in accordance with [RSMo] sections 486.1100 to 486.1205 shall be governed by the laws of this state (RSMo 486.1155.3).

Liability

1. Notaries Public: “A notary shall be liable to any person for all damages proximately caused that person by the notary’s negligence, intentional violation of law, or official misconduct in relation to a notarization” (RSMo 486.805.1).

2. Electronic, Remote Notaries Public: “[RSMo 486.805] shall also apply to electronic notaries performing electronic notarial acts and remote online notaries performing remote online notarial acts” (RSMo 486.805.7).

3. Surety of Bond: “A surety for a notary’s bond shall be liable to any person for damages proximately caused that person by the notary’s negligence, intentional violation of law, or official misconduct in relation to a notarization during the bond term, but this liability shall not exceed the dollar amount of the bond or of any remaining bond funds that have not been disbursed to other claimants. Regardless of the number of claimants against the bond or the number of notarial acts cited in the claims, a surety’s aggregate liability shall not exceed the dollar amount of the bond” (RSMo 486.805.2).

4. Employer Liability

   1. Any Person: “An employer of a notary shall be liable to any person for all damages proximately caused that person by the notary’s negligence, intentional violation of law, or official misconduct in performing a notarization during the course of employment, if the employer directed, expected, encouraged, approved, or tolerated the notary’s negligence, violation of law, or official misconduct either in the particular transaction or, impliedly, by the employer’s previous action in at least one similar transaction involving any notary employed by the employer” (RSMo 486.805.3).
      “[RSMo 486.805] shall also apply to electronic notaries performing electronic notarial acts and remote online notaries performing remote online notarial acts” (RSMo 486.805.7).

   2. Notary-Employee: “An employer of a notary shall be liable to the notary for all damages recovered from the notary as a result of any violation of law by the notary that was coerced by threat of the employer, if the threat, such as of demotion or dismissal, was made in reference to the particular notarization or, impliedly, by the employer’s previous action in at least one similar transaction involving any notary employed by the employer. In addition, the employer is liable to the notary for damages caused the notary by demotion, dismissal, or other action resulting from the notary’s refusal to engage in a violation of law or official misconduct” (RSMo 486.805.4).
      “[RSMo 486.805] shall also apply to electronic notaries performing electronic notarial acts and remote online notaries performing remote online notarial acts” (RSMo 486.805.7).

Absentee Ballots

1. Notary Verification: “The notary should verify they can perform the notarial act before completing any information on the absentee ballot envelope” (MNH).

2. Signature of Principal: The voter may complete all required fields prior to the notarization, the notary must watch the voter sign the envelope” (MNH).

3. Absentee Ballot Envelope Steps: “Steps to complete an absentee ballot envelope notarization:
   “1. The voter should mark the ballot in secret, place the ballot in the ballot envelope, seal the envelope and fill out the statement on the ballot envelope prior to starting the notarization.
   “2. Identify the person seeking the notarization.
   “3. Log the information in the notary journal, and have the voter sign the journal.
   “4. Have the voter sign in the appropriate signature block.
   “5. Review the envelope to verify name being notarized matches the journal entry and identification presented.
   “6. Complete the notary Jurat on the envelope.
   “7. Sign and affix the seal on the envelope in the space provided.
   “8. Return the completed envelope to the voter” (MNH).

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Certificate Requirements

1. General Requirements: “For every notarial act involving a document, a notary shall properly complete a notarial certificate that contains or states:
   “(1) The official signature of the notary, in accordance with [RSMo] section 486.725;
   “(2) An impression of the official seal of the notary, in accordance with [RSMo] section 486.725;
   “(3) The venue of the notarial act where the notary is located, including the name of this state and of the pertinent county;
   “(4) The date of the notarial act; and
   “(5) The facts and particulars attested by the notary in performing the respective notarial act” (RSMo 486.740.1).

2. Language Known to Notary: “A notarial certificate shall be worded and completed using only letters, characters, and a language that are read, written, and understood by the notary” (RSMo 486.740.3).

Certificate Forms

The following certificate forms for notarial acts are found in statute for traditional notarial acts, notarial acts affecting real property, and remote notarial acts appear below. Additional forms authorized by the Secretary of State appear below as well.

* If the corporation or association has no corporate seal, omit the words “the seal affixed to the foregoing instrument is the corporate seal of said corporation (or association), and that” and the words “and sealed,” and add at the end of the affidavit clause the words “and that said corporation (or association) has no corporate seal” (RSMo 442.210.3).

Electronic Notarial Certificate

1. Requirement: “In performing an electronic notarial act, the electronic notary shall properly complete an electronic notarial certificate” (RSMo 486.935.1).

2. Elements: “A proper electronic notarial certificate shall contain:
   “(1) Completed wording appropriate to the particular electronic notarial act, as prescribed in subsection 3 of this section;
   “(2) A registered electronic signature; and
   “(3) A registered electronic notary seal, which shall include:
   “(a) The name of the electronic notary fully and exactly as it is spelled on the notary’s commissioning document;
   “(b) The jurisdiction that commissioned and registered the electronic notary;
   “(c) The title “Electronic Notary Public”;
   “(d) The commission or registration number of the electronic notary; and
   “(e) The commission expiration date of the electronic notary” (RSMo 486.935.2).

3. Forms: “The wording of an electronic notarial certificate shall be in a form that:
   “(1) Is set forth in [RSMo] sections 486.740 to 486.750;
   “(2) Is otherwise prescribed by the law of this state;
   “(3) Is prescribed by a law, regulation, or custom of another jurisdiction, provided it does not require actions by the electronic notary that are unauthorized by this state; or
   “(4) Describes the actions of the electronic notary in such a manner as to meet the requirements of the particular notarial act, as defined in [RSMo] section 486.600 or 486.900” (RSMo 486.935.3).
   “An electronic notarial certificate shall be worded and completed using only letters, characters, and a language that are read, written, and understood by the electronic notary” (RSMo 486.935.4).

Remote Notarial Certificate

1. Requirement: “In performing a remote online notarial act, the electronic notary shall properly complete a remote online notarial certificate” (RSMo 486.1165.1).

2. Elements: “A proper remote online notarial certificate shall contain:
   “(1) Completed wording appropriate to the particular electronic notarial act, as prescribed in subsection 3 of this section;
   “(2) A registered electronic signature; and
   “(3) A registered electronic notary seal, which shall include:
   “(a) The name of the remote online notary fully and exactly as it is spelled on the notary’s commissioning document;
   “(b) The jurisdiction that commissioned and registered the remote notary;
   “(c) The title “Electronic Notary Public”;
   “(d) The commission or registration number of the remote online notary; and
   “(e) The commission expiration date of the remote notary” (RSMo 486.1165.2).

3. Forms: “The wording of a remote online notarial certificate shall be in a form that:
   “(1) Is set forth in [RSMo] section 486.1175;
   “(2) Is otherwise prescribed by the law of this state;
   “(3) Is prescribed by a law, regulation, or custom of another jurisdiction, provided it does not require actions by the remote online notary that are unauthorized by this state; or
   “(4) Describes the actions of the remote online notary in such a manner as to meet the requirements of the particular notarial act, as defined in [RSMo] section 486.600, 486.900 or 486.1100” (RSMo 486.3).
   “A remote online notarial certificate shall be worded and completed using only letters, characters, and a language that are read, written, and understood by the remote online notary” (RSMo 486.1165.4).

4. Statutory Remote Online Notarial Act Forms: For the statutory certificate forms for a remote online notarial act, see “Certificate Forms,” above.

Sufficiency of Certificate

“A notarial certificate shall be sufficient for a particular notarial act only if it meets the requirements of subsection 1 of this section and is in a form that:
“(1) Is set forth for that act in this chapter;
“(2) Is otherwise prescribed for that act by the laws of this state;
“(3) Is prescribed for that act by a law, regulation, or custom of another jurisdiction, provided it does not require actions by the notary that are unauthorized by the laws of this state; or
“(4) Describes the actions of the notary in such a manner as to meet the requirements of the particular notarial act” (RSMo 486.740.2).

Attaching a Certificate

“A paper notarial certificate that is attached to a document during the notarization of the signature of a principal shall:
“(1) Be attached by staple or other method that leaves evidence of any subsequent detachment;
“(2) Be attached, signed, and sealed only by the notary and only at the time of notarization and in the presence of the principal;
“(3) Be attached immediately following the signature page if the certificate is the same size as that page, or to the front of the signature page if the certificate is smaller; and
“(4) Contain all of the elements described in [RSMo] section 486.740 on the same sheet of paper” (RSMo 486.745.1).

Correcting a Certificate

“A notary may correct an error or omission made by that notary in a notarial certificate if:
“(1) The original certificate and document are returned to the notary;
“(2) The notary verifies the error by reference to the pertinent journal entry, the document itself, or to other determinative written evidence;
“(3) The notary legibly corrects the certificate and initials and dates the correction in ink, or replaces the original certificate with a correct certificate; and
“(4) The notary appends to the pertinent journal entry a notation regarding the nature and date of the correction” (RSMo 486.745.2.).

False Certificate

“A notary shall not … [e]xecute a notarial certificate containing information known or believed by the notary to be false” (RSMo 486.660[1]).

Incomplete Certificate

“A notary shall not … [a]ffix an official signature or seal on a notarial certificate that is incomplete” (RSMo 486.660[2]).

Contemporaneous Affixation of Seal

“A notary shall not … [a]ffix an official signature or seal on a notarial certificate other than at the time of notarization and in the presence of the principal” (RSMo 486.660[3]).

Delegation of Certificate Duties

“A notary shall not … [p]rovide or send a signed or sealed notarial certificate to another person with the understanding that it will be completed or attached to a document outside of the notary’s presence” (RSMo 486.660[4]).

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Definitions

1. Official Seal: “'Official seal' … [means]
   “(a) A device authorized by the secretary for affixing on a paper notarial certificate an image containing a notary’s name, title, jurisdiction, commission expiration date, and other information related to the notary’s commission; or
   “(b) The affixed image itself” (RSMo 486.600[15]).

2. Electronic Notary Seal: “'Electronic notary seal' and ‘electronic seal’ … [means] information within a notarized electronic document that includes the electronic notary’s name, title, jurisdiction, and commission expiration date and generally corresponds to information in notary seals used on paper documents” (RSMo 486.900[8]; see also RSMo 486.1100[6]).

3. Registered Electronic Notary Seal: “'Registered electronic notary seal' … [means] an electronic notary seal produced by a notary in the performance of an electronic notarial act by a means that was registered with the secretary” (RSMo 486.900[10]).

Seal Requirement

1. Notarial Acts: Required.
   “Near the notary’s official signature on each paper notarial certificate, the notary shall affix a sharp, legible, permanent, and photographically reproducible image of the official seal” (RSMo 486.730.1.).

2. In-Person Electronic Notarial Acts: Required.
   “1. In performing an electronic notarial act, the electronic notary shall properly complete an electronic notarial certificate.
   “2. A proper electronic notarial certificate shall contain … [a] registered electronic notary seal” (RSMo 486.935.1.-2[3]).
   “In notarizing an electronic document, the notary shall attach to, or logically associate with, the electronic notarial certificate a registered electronic signature and a registered electronic notary seal, or a registered single element in conformity with subsection 2 of this section, in such a manner that the signature and the seal, or the single element, are attributed to the electronic notary as named on the commission” (RSMo 486.940.1).

3. Remote Notarial Acts: Required.
   “In performing a remote online notarial act, the remote online notary shall properly complete a remote online notarial certificate.
   “2. A proper remote online notarial certificate shall contain … [a] registered electronic notary seal” (RSMo 486.1165.1-2).
   “In notarizing an electronic document, the remote online notary shall attach to, or logically associate with, the remote online notarial certificate a registered electronic signature and a registered electronic notary seal, or a registered single element in conformity with subsection 2 of this section, in such a manner that the signature and the seal, or the single element, are attributed to the electronic notary as named on the commission” (RSMo 486.1170.1).

Seal Format

1. Notarial Acts

   1. Rubber Stamp: The seal must be “a device authorized by the secretary” (RSMo 486.600[15][a]) that is capable of affixing a photographically reproducible image of the official seal (RSMo 486.730.1).

   2. Non-Photographically Reproducible Embosser: An embosser than is not photographically reproducible may be used in addition to, but not in place of, the official seal (RSMo 486.730.3).
      “Missouri law requires every notary to use a black inked rubber stamp seal on every notary certificate, an engraved embosser seal may be used in conjunction with the rubber stamp seal” (MNH).

   3. Shape/Size: Rectangular or circular (RSMo 486.730.1[4]).

   4. Components: A rectangular inking seal must have the following information (RSMo 486.730.1):

      1. Notary’s name, exactly as it appears on the commission;

      2. “Notary Public”;

      3. “Notary Seal”;

      4. “State of Missouri”;

      5. “My commission expires ________ (date)”;

      6. Notary’s commission identification number.

   5. Border: A border no larger than one-sixteenth of an inch, surrounding the required words (RSMo 486.730.1[3]).

   6. Type Size: “The print on the embosser or stamp must be in type not smaller than eight-point type” (MNH).

2. In-Person Electronic Notarial Acts
   “A registered electronic notary seal … shall include:
   “(a) The name of the electronic notary fully and exactly as it is spelled on the notary’s commissioning document;
   “(b) The jurisdiction that commissioned and registered the electronic notary;
   “(c) The title “Electronic Notary Public”;
   “(d) The commission or registration number of the electronic notary; and (e) The commission expiration date of the electronic notary” (RSMo 486.935.2[3]).

3. Remote Notarial Acts
   “A registered electronic notary seal … shall include:
   “(a) The name of the remote online notary fully and exactly as it is spelled on the notary’s commissioning document;
   “(b) The jurisdiction that commissioned and registered the remote online notary;
   “(c) The title “Electronic Notary Public”;
   “(d) The commission or registration number of the remote online notary; and
   “(e) The commission expiration date of the remote online notary” (RSMo 486.1165.2[3]).

Examples

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

Open

Traditional Official Seal

Open

Embossing Seal

Legibility of Seal

1. Requirement: RSMo 486.730.1 requires the official seal to be “sharp” and “legible.” It may not be placed over any printed or written matter (RSMo 486.730.4).

2. Illegible Information Within Seal: “Illegible information within a seal impression may be typed or printed legibly by the notary adjacent to but not within the impression, or another impression may be legibly affixed nearby” (RSMo 486.730.2).

Seal Vendor Rules

1. Registration Required: “A vendor or manufacturer shall register with the secretary prior to selling or manufacturing notary seals” (RSMo 486.735.1). Vendors face a fine or penalty of $1,000 for each violation of the seal manufacture rules and for multiple violations, the revocation of permission to manufacturer seals. The penalty for violations does not preclude civil liability to parties injured by the vendor’s failure to comply with the rules (RSMo 486.735.6).

2. Verification of Notary: “A vendor or manufacturer shall not provide a notary seal to a purchaser claiming to be a notary, unless the purchaser presents a notary commission issued by the secretary, and unless:
   “(1) In the case of a purchaser appearing in person, the vendor or manufacturer identifies this individual as the person named in the commission, through either personal knowledge or satisfactory evidence of identity; or
   “(2) In the case of a purchaser ordering a seal by mail or delivery service, the vendor or manufacturer confirms the notary’s standing as a commissioned notary through the internet site” (RSMo 486.735.2).
   “The secretary shall maintain an internet site for the purpose of allowing vendors and manufacturers to confirm the current standing of any notary in the state” (RSMo 486.735.1).

3. One Official Seal and Embosser Only: “For each commission, a vendor or manufacturer shall make or sell only one seal and, if requested by the person presenting the commission, only one embossing seal” (RSMo 486.735.3).

4. Proof of Seal Purchase: “After manufacturing or providing a notary seal, the vendor shall affix an image of all seals on a form as prescribed by the secretary and, within seven business days, send the completed form to the secretary, retaining a copy of the form and the commission for a period of five years” (RSMo 486.735.4).

5. New Seal Due to Name Change: “A notary obtaining a seal as a result of a name change shall present a copy of the confirmation of notary’s name or address change from the secretary in accordance with [RSMo] sections 486.780 and 486.785” (RSMo 486.735.5).

Ownership of Seal

“The official seal of a notary shall … [b]e the exclusive property of the notary” (RSMo 486.725.3[1]).

Exclusive Use of Seal

“The official seal of a notary shall … [n]ot be affixed by any other person” (RSMo 486.725.3[2]).

Security of Seal

“The official seal of a notary shall … [b]e kept secure and accessible only to the notary” (RSMo 486.725.3[3]).

Surrendering of Seal

“The official seal of a notary shall … [n]ot be surrendered to an employer upon termination of employment” (RSMo 486.725.3[4]).

Lost or Stolen Seal

“Within ten days after the official seal of a notary is discovered to be stolen, lost, damaged, or otherwise rendered incapable of affixing a legible image, the notary, after informing the appropriate law enforcement agency in the case of theft or vandalism, shall notify the secretary by any means providing a tangible receipt, including certified mail and electronic transmission, and also provide a copy or number of any pertinent police report. Upon receipt of such notice, the secretary shall issue to the notary a new commission that shall be presented to a seal vendor in accordance with [RSMo] section 486.735” (RSMo 486.725.4).

Destruction of Seal

“As soon as reasonably practicable after resignation, or expiration of a notary commission, or death of the notary, the seal shall be destroyed or defaced so that it may not be misused” (RSMo 486.725.5).

Disposition of Seal

“For a commission that has been revoked, the notary shall forward their seal to the secretary’s office for disposal. Failure to do so may be punishable by a fine of five hundred dollars, at the discretion of the secretary” (RSMo 486.725.6).

Notary Signature

1. Definition: “Official signature” means “a handwritten signature made by a notary that uses the exact name appearing in the notary’s commission and is signed with the intent to perform a notarial act” (RSMo 486.600[16]).

2. Requirement: “In notarizing a paper document, a notary public shall affix an official signature … on the notarial certificate at the time the notarial act is performed” (RSMo 486.725.1).

3. Prohibition: RSMo 486.660 prohibits a Notary from signing the Notary’s official signature on an incomplete notarial certificate or a certificate at any time other than the time of the notarial act.

Electronic Notary Signature and Seal

1. Requirements: “A registered electronic signature shall be:
   “(1) Unique to the electronic notary;
   “(2) Capable of independent verification;
   “(3) Attached to or logically associated with an electronic notarial certificate in such a manner that any subsequent alteration of the certificate or underlying electronic document prominently displays evidence of the alteration; and
   “(4) Attached or logically associated by a means under the electronic notary’s sole control” (RSMo 486.940.2).

2. Non-Notarial Use of E-Signature: “A registered electronic signature may be used by the electronic notary for lawful purposes other than performing electronic notarizations, provided that neither the title “notary” nor any other indication of status as a notarial officer is part of the signature” (RSMo 486.940.5).

3. Notarial Use Only: “Neither a registered electronic notary seal nor a combined single element containing the seal shall be used by the electronic notary for any purpose other than performing lawful electronic notarizations” (RSMo 486.940.6).

4. Sole Control

   1. Requirement: “At all times the means for producing registered electronic notary seals, or registered single elements as described in subsection 2 of this section, shall be kept under the sole control of the electronic notary” (RSMo 486.940.3).

   2. Employer Prohibitions: “An employer of an electronic notary shall not use or control the means for producing registered electronic signatures and notary seals, or registered single elements combining the required features of both, nor upon termination of a notary’s employment retain any software, coding, disk, certificate, card, token, or program that is intended exclusively to produce a registered electronic signature, notary seal, or combined single element, regardless of whether the employer financially supported the employee’s activities as a notary” (RSMo 486.940.4).
      

5. Change, Expiration, Termination, Compromise: “1. Upon becoming aware that the status, functionality, or validity of the means for producing a registered electronic signature, notary seal, or single element combining the signature and seal, has changed, expired, terminated, or become compromised, the notary shall:
   “(1) Immediately notify the secretary;
   “(2) Cease producing seals or signatures in electronic notarizations using that means;
   “(3) Perform electronic notarizations only with a currently registered means or another means that has been registered within thirty days; and
   “(4) Dispose of any software, coding, disk, certificate, card, token, or program that has been rendered defunct, in the manner described in subsection 1 of [RSMo] section 486.995.
   “2. Pursuant to subsection 1 of this section, the secretary shall immediately suspend the electronic status of a notary who has no other currently registered means for producing electronic signatures or notary seals, and, if such means is not registered within thirty days, electronic status shall be terminated” (RSMo 486.985).

Remote Notary Electronic Signature and Seal

1. Requirements: “A registered electronic signature shall be:
   “(1) Unique to the electronic notary;
   “(2) Capable of independent verification;
   “(3) Attached to or logically associated with an electronic notarial certificate in such a manner that any subsequent alteration of the certificate or underlying electronic document prominently displays evidence of the alteration; and
   “(4) Attached or logically associated by a means under the electronic notary’s sole control” (RSMo 486.1170.2).

2. Non-Notarial Use of E-Signature: “A registered electronic signature may be used by the electronic notary for lawful purposes other than performing electronic notarizations, provided that neither the title “notary” nor any other indication of status as a notarial officer is part of the signature” (RSMo 486.1170.5).

3. Notarial Use Only: “Neither a registered electronic notary seal nor a combined single element containing the seal shall be used by the electronic notary for any purpose other than performing lawful electronic notarizations” (RSMo 486.1170.6).

4. Tamper-Evident: “A remote online notary public shall attach the remote online notary public’s electronic signature and seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident” (RSMo 486.1200.2).

5. Sole Control

   1. Requirement: “At all times the means for producing registered electronic notary seals, or registered single elements as described in subsection 2 of this section, shall be kept under the sole control of the electronic notary” (RSMo 486.940.3).

      1. Physical, Password Control: “A remote online notary public shall keep the remote online notary public’s electronic document, electronic signature, and electronic seal secure and under the remote online notary public’s exclusive control, which requirement may be satisfied by password controlled access. The remote online notary public shall not allow another person to use the remote online notary public’s electronic document, electronic signature, or electronic seal” (RSMo 486.1200.1).

      2. Employer Prohibitions: “An employer of an electronic notary shall not use or control the means for producing registered electronic signatures and notary seals, or registered single elements combining the required features of both, nor upon termination of a notary’s employment retain any software, coding, disk, certificate, card, token, or program that is intended exclusively to produce a registered electronic signature, notary seal, or combined single element, regardless of whether the employer financially supported the employee’s activities as a notary” (RSMo 486.1170.4).

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Records Requirement

1. Journal

   1. Notarial Acts: Required.
      “A notary shall keep, maintain, protect, and provide for lawful inspection a chronological journal of notarial acts” (RSMo 486.700.1).

   2. In-Person Electronic Notarial Acts: Required.
      “An electronic notary shall keep, maintain, protect, and provide for lawful inspection a chronological journal of notarial acts” (RSMo 486.945.1).
      Electronic Notaries must keep a permanently bound journal and an electronic journal (RSMo 486.945.2).

   3. Remote Notarial Acts: Required.
      “The notary shall keep an electronic journal of remote online notarial acts” (RSMo 486.1180.1[1]).
      Remote Online Notaries must keep a permanently bound journal and an electronic journal (RSMo 486.1180.1).

2. Recording of Remote Notarial Acts: Required.
   “1. The remote online notary public shall create an audio and video recording of the performance of the notarial act.
   “2. The recording required by this section shall be maintained for at least ten years after the date of the transaction or proceeding.
   “3. The secretary of state shall promulgate rules establishing standards for the retention of a video and audio recording of the performance of the notarial act. Such rules shall be subject to the limitations in [RSMo] section 486.830” (RSMo 486.1195.1-3).

One Active Journal

1. Notaries Public: Missouri Notaries performing paper notarizations may maintain only one active permanently bound journal at the same time (RSMo 486.700.1).

2. Electronic and Remote Online Notaries Public: This requirement applies to Electronic Notaries and Remote Online Notaries also (RSMo 486.945.3 and 486.1180.2) but they must make a backup of each active and inactive electronic journal they keep (see “Journal Format,” below).

Journal Format

1. Permanently Bound Journal

   1. Notaries Public: The journal of a Notary Public must be a permanently bound journal with numbered pages. Entries in the journal must be chronological (RSMo 486.700.1).

   2. Electronic and Remote Online Notaries Public: Electronic and Remote Online Notaries Public also must keep a permanently bound journal (RSMo 486.945.2[2] and 486.1180.1[2]).

2. Electronic Journal: “An electronic journal of electronic notarial acts shall:
   “(1) Allow journal entries to be made, viewed, printed, and copied only after access is obtained by a procedure that uses two factors of authentication;
   “(2) Not allow a journal entry to be deleted or altered in content or sequence by the electronic notary or any other person after a record of the electronic notarization is entered and stored, except that an entry may be deleted if the retention period set forth in subsection 4 of this section has passed;
   “(3) Have a backup system in place to provide a duplicate record of electronic notarial acts as a precaution in the event of loss of the original record;
   “(4) Be capable of capturing and storing the image of a handwritten or electronic signature and the data related to one other type of recognized biometric identifier; and
   “(5) Be capable of printing and providing electronic copies of any entry, including images of handwritten signatures and the data related to the other selected type of recognized biometric identifier” (RSMo 486.950.1).

3. Remote Online Notary Electronic Journal: The electronic journal of a Remote Online Notary must comply with the same requirements as an electronic journal of an Electronic Notary (RSMo 486.1190.1).

Secretary Access to Electronic Journal

“Every electronic notary public maintaining an electronic journal of electronic notarial acts pursuant to [RSMo] section 486.945 shall:
“(1) Provide to the secretary authorization on the registration form described in [RSMo] section 486.920 and the access instructions that allow journal entries to be viewed, printed, and copied in read-only access; and
“(2) Notify the secretary of any subsequent change to the access instructions” (RSMo 486.950.3[1]).
Remote Online Notaries have the same duty” (RSMo 486.1190.3[1]).

Journal Entries

1. Required Entries, Permanently Bound Journal: The following entries are required for each notarial act (RSMo 486.705.1):

   1. The date and time of notarization;

   2. The type of notarization (e.g., acknowledgment or jurat);

   3. The title, type or description of the document or proceeding;

   4. The printed name, signature and address of each principal or printed name and address of each requester of fact;

   5. The evidence of identity of each principal whether by personal knowledge, a notation of the type of ID, its issuing agency, serial or identification number and date of issuance or expiration, the handwritten signature and name of each credible witness, and for witnesses not personally known to the Notary, a description of the IDs relied on by the Notary;

   6. The fee, if any, charged for the notarization.

   7. The address where the notarization was performed, if not the address of the Notary’s regular place of work or business.
      The required entries for the permanently bound journal of an Electronic Notary and Remote Online Notary are the same. (Note: while an Electronic Notary can obtain the physical signature of a principal in the electronic journal, a Remote Online Notary cannot since the parties appear using communication technology.)

2. Electronic Journal

   1. In-Person Electronic Notarial Acts

      1. Electronic Signature Issuing Authority: The Electronic Notary’s electronic journal must also include the name of any authority issuing or registering the means used to create the electronic signature that was notarized, the source of this authority’s license, if any, and the expiration date of the electronic process (RSMo 486.947.1[9]).

      2. Biometric Identifier: The required entries for the Electronic Notary electronic journal also requires a recognized biometric identifier to be included (RSMo 486.947.1[6][d]).

   2. Remote Notarial Acts

      1. Software or Program: The Remote Online Notary’s electronic journal must also include the name of the program or software of any authority issuing or registering the means used to create the electronic signature that was notarized and the source of this authority’s license, if any (RSMo 486.1185.1[9]).

      2. Electronic Signatures; Biometrics: The required entries for the Remote Online Notary electronic journal also require the electronic signature of each principal and credible witness, if applicable, and must include a recognized biometric identifier (RSMo 486.1185.1[6][d]).

3. Optional Entries: A Notary may record the circumstances for not performing or completing any notarial act (RSMo 486.705.3).

4. Prohibited Entries: A Notary, Electronic Notary, and Remote Online Notary may not record a Social Security or credit card number in the journal (RSMo 486.705.2, 486.947.2, 486.1185.2).

Journal Ownership

“The notary journal is the exclusive property of the notary” (MNH).

Inspection and Copies of Journal

1. Authorized Inspection and Copies: “The journal may be examined and copied without restriction by a law enforcement officer in the course of an official investigation, subpoenaed by court order, pursuant to subpoena power as authorized by law, or surrendered at the direction of the secretary. Nothing in this section shall prevent a notary public from seeking appropriate judicial protective orders” (RSMo 486.710.1)

2. Copies: “Upon complying with a request for copies pursuant to subsection 1 of this section, the notary shall charge not more than one dollar per copy. If a certified copy is requested, the fee shall be as specified in [RSMo] section 486.685” (RSMo 486.710.2).

3. Certified Copies to Secretary of State: “A notary public shall, upon written request, furnish to the secretary certified copies of the notary’s journal without cost” (RSMo 486.710.3).

Security of Journal

“1. A notary shall safeguard his or her journal and all other notarial records and surrender or destroy them only by court order or at the direction of the secretary.
“2. If not in use, the journal shall be kept in a secure area under the exclusive control of the notary and shall not be used by any other notary, nor surrendered to an employer upon termination of employment” (RSMo 486.715.1-.2).

Retention of Journal

1. Notaries Public: “A notary shall keep the permanently bound journal for a period of no less than ten years from the date of the last entry” (RSMo 486.700.3).

2. Electronic and Remote Online Notaries Public: This provision applies to both the permanently bound and electronic journals of Electronic and Remote Notaries (RSMo 486.945.4, 486.950.4, 486.1180.3 and 486.1190.4).

Lost or Stolen Journal

“Within ten days after a notary’s journal is discovered to be stolen, lost, destroyed, damaged, or otherwise rendered unusable or unreadable, the notary, after informing the appropriate law enforcement agency in the case of theft or vandalism, shall notify the secretary by any means providing a tangible receipt, including certified mail and electronic transmission, and also provide a copy or identification number of any pertinent police report” (RSMo 486.715.3).

Disposition of Journal

1. Notaries Public: “Upon resignation, revocation, or expiration of a notary commission, or death of the notary, the journal and notarial records shall be delivered to the secretary in accordance with [RSMo] section 486.795 or [RSMo] section 486.800 by any means providing a tangible receipt, including certified mail and electronic transmission” (RSMo 486.715.3).

2. Electronic, Remote Online Notaries Public: This provision applies to both Electronic and Remote Online Notaries (RSMo 486.955[1] and 486.1205[1]). An electronic journal may be delivered on disk, printed on paper, or transmitted electronically, in accordance with the requirements of the Secretary of State.

3. Electronic Journal and Backup: “In the case of an electronic journal and backup copy where disks or other physical storage media are not required to be surrendered, no further entries shall be made in the journal and backup. The journal and backup shall be safeguarded until both are erased or expunged after ten years from the date of the last entry by the notary or the notary’s personal representative” (RSMo 486.955[1]; see also RSMo 486.1205[2]).

Custodian of Journal, Recordings

“(1) The remote online notary public may designate as custodian of the recording and the electronic journal:
“(a) The employer of the remote online notary public if evidenced by a record signed by the remote online notary public and the employer; or
“(b) A repository meeting the standards established by the secretary of state.
“(2) An employer or other repository acting as the custodian of a recording or an electronic journal under this subsection shall comply with all statutory requirements regarding retention and disclosure of recordings and electronic journals applicable to notaries” (RSMo 486.1195.4).

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Maximum Fees

1. Paper Notarial Acts: The maximum fees that a Missouri Notary may charge for a notarial act are (RSMo 486.685.2):

   1. For an acknowledgment: $5 per signature;

   2. For a jurat: $5 per signature;

   3. For s signature witnessing: $5 per signature;

   4. For a copy certification: $1 per page certified with a minimum total charge of $3.
      A Notary may charge the maximum fee, charge less than the maximum fee, or waive the fee (RSMo 486.685.1).

2. In-Person Electronic Notarial Acts: The maximum fees an Electronic Notary may charge are the same as for paper notarizations, except no maximum fee for copy certifications is provided (RSMo 486.960.2).
   “Failure to record the notarization in the journal precludes collection of the fee” (MNH).

3. Remote Notarial Acts: The maximum fees for an in-person electronic notarial act under RSMo 486.960.2 are the same for remote online notarial acts.

Remote Online Notarization Transaction Fee

“In addition to the other fees allowed by [RSMo] section 486.960 [maximum fees for an electronic notarization], a remote online notary may charge a remote online notary transaction fee if the notary and the principal agree upon the fee in advance of the notarial act being performed and the notary explains to the person requesting the notarial act that the remote online transaction fee is separate from the notarial fee prescribed in subsection 2 of [RSMo] section 486.960 and is not mandated by law” (RSMo 486.1160).

Travel Fees

1. Notaries Public: “A notary may charge a travel fee to perform a notarial act if:
   “(1) The notary and the person requesting the notarial act agree upon the travel fee in advance of the travel; and
   “(2) The notary explains to the person requesting the notarial act that the travel fee is both separate from the notarial fee prescribed in subsection 2 of this section and neither specified nor mandated by law” (RSMo 486.685.3).

2. Electronic Notaries Public: The travel fee provision applies to Electronic Notaries (RSMo 486.960.3).

Absentee Ballot or Absentee Voter Registration

No fee is allowed for notarizing an absentee ballot or absentee voter registration form (RSMo 486.685.5).

Fee Schedule

1. Notaries Public: “A notary who charges for his or her notarial services shall conspicuously display in their regular place of work or business, or present to each principal outside their regular place of work or business, an English-language schedule of fees for notarial acts, as specified in this section. No part of any notarial fee schedule shall be printed in smaller than twelve-point type” (RSMo 486.685.6).

2. Electronic Notaries Public: The fee schedule provision applies to Electronic Notaries (RSMo 486.960.6).

Prepayment of Fees

1. Notaries Public: “A notary may require payment of any fees specified in [RSMo] section 486.685 prior to performance of a notarial act” (RSMo 486.690.1).

2. Electronic Notaries Public: The prepayment provision applies to Electronic Notaries (RSMo 486.965.1).

Refund of Fees

1. Notaries Public: “Any fees paid to a notary prior to performance of a notarial act shall be nonrefundable if:
   “(1) The notarial act was completed; or
   “(2) In the case of travel fees paid in compliance with subsection 3 of [RSMo] section 486.685, the notarial act was not completed after the notary traveled to meet the principal because it was prohibited pursuant to [RSMo] section 486.645, or because the notary knew or had a reasonable belief that the notarial act or the associated transaction was unlawful” (RSMo 486.690.2).

2. Electronic Notaries Public: The refund provision applies to Electronic Notaries (RSMo 486.965.2).

Discrimination in Charging Fees

1. Notaries Public: “A notary shall not discriminate in the charging of fees for a notarial act based on the characteristics of the principal or requester of fact as set forth in subsection 1 of [RSMo] section 486.650, though a notary may waive or reduce fees for humanitarian or charitable reasons” (RSMo 486.685.4).

2. Electronic Notaries Public: The anti-discrimination provision applies to Electronic Notaries (RSMo 486.960.4).

Employers and Fees

1. General: “An employer may prohibit an employee who is a notary from charging for notarial acts performed on the employer’s time, but shall not discriminate in the charging of fees based on the characteristics of the principal as set forth in subsection 1 of [RSMo] section 486.650” (RSMo 486.695.1).

2. Private Employers: “A private employer shall not require an employee who is a notary to surrender or share fees charged for any notarial acts” (RSMo 486.695.2).

3. Governmental Employer: “A governmental employer who has absorbed an employee’s costs in becoming or operating as a notary shall require any fees for notarial acts performed on the employer’s time either to be waived or surrendered as revenue of the employing governmental agency” (RSMo 486.695.3).

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Notary Signing Agents

Currently, there are no statutes, regulations or rules expressly governing, prohibiting or restricting the operation of Notary Signing Agents within the state of Missouri.

Recording Requirements

The following are document requirements for recording in the land records. The county recorder of deeds may refuse any document presented for recording that does not meet these requirements.

1. Printed on One Side, Not Bound: “The document shall consist of one or more individual pages printed only on one side and not permanently bound nor in a continuous form. The document shall not have any attachment stapled or otherwise affixed to any page except as necessary to comply with statutory requirements, provided that a document 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….“ (RSMo 59.310.1[1]).

2. Eight Point Type, Black Ink: “The size of print or type shall not be smaller than eight-point type and shall be in black or dark ink. Should any document presented for recording contain type smaller than eight-point type, such document shall be accompanied by an exact typewritten copy not smaller than eight-point type to be recorded contemporaneously as additional pages of the document…” (RSMo 59.310.1[2]).

3. Legibility: “The document must be of sufficient legibility to produce a clear and legible reproduction thereof. Should any document not be of sufficient legibility to produce a clear and legible reproduction, such document shall be accompanied by an exact typewritten copy not smaller than eight-point type to be recorded contemporaneously as additional pages of the document….” (RSMo 59.310.1[3]).

4. White 20-Pound Weight Paper: “The document shall be on white paper or light-colored of not less than twenty-pound weight without watermarks or other visible inclusions, except for plats and surveys, which may be on materials such as Mylar or velum. All text within the document shall be of sufficient color and clarity to ensure that when the text is reproduced from record, it shall be readable….” (RSMo 59.310.1[4]).

5. Signatures, Typed Names, Ink Color: “All signatures on a document shall be in black or dark ink, such that such signatures shall be of sufficient color and clarity to ensure that when the text is reproduced from record, it shall be readable, and shall have the corresponding name typed, printed or stamped underneath said signature. The typing or printing of any name or the applying of an embossed or inked stamp shall not cover or otherwise materially interfere with any part of the document except where provided for by law….” (RSMo 59.310.1[5]).

6. Margins: “The documents shall have a top margin of at least three inches of vertical space from left to right, to be reserved for the recorder of deeds’ certification and use. All other margins on the document shall be a minimum of three-fourths of one inch on all sides. Nonessential information such as form numbers, page numbers or customer notations may be placed in the margin” (RSMo 59.310.1[6]).

7. Seal in Margins: “A document may be recorded if a minor portion of a seal or incidental writing extends beyond the margins. The recorder of deeds will not incur any liability for not showing any seal or information that extends beyond the margins of the permanent archival record” (RSMo 59.310.1[6]).

8. Acknowledgment, Proofs, Certificates: “The recorder shall record, without delay, every deed, mortgage, conveyance, deed of trust, bond, commission or other writing delivered to him for record, with the acknowledgment, proofs and certificates written on or under the same, with the plats, surveys, schedules and other papers therein referred to, and thereto annexed, in the order of time when the same shall have been delivered for record, by writing them word for word, in a fair hand, noting all interlineations and erasures and words visibly written on erasures, and noting the day and time of the day, month and year, when the instrument so recorded was delivered to him, or brought to his office for record; and the same shall be considered as recorded from the time it was so delivered” (RSMo 59.400).

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Notarial Acts in Missouri

1. Notarial Officers: “A notarial act may be performed within this state by the following persons:
   “(1) A notary of this state;
   “(2) A judge, clerk, or deputy clerk of any court of this state; or
   “(3) Any other person authorized by the law of this state to perform a specific notarial act.
   “2. The official signature, seal, and title of a person authorized by subsection 1 of this section to perform a notarial act shall be considered prima facie evidence that the signature and seal are genuine and that the person holds the indicated title” (RSMo 486.775.1).

2. Notarial Officers, Real Property Documents: “The proof or acknowledgment of every conveyance or instrument in writing affecting real estate in law or equity, including deeds of married women, shall be taken by some one of the following courts or officers…[i]f acknowledged or proved within this state, by some court having a seal, or some judge, justice or clerk thereof, or a notary public” (RSMo 442.150[1]).

3. Court Officers: Judges, justices and clerks of a court having a seal may take acknowledgments and proofs (RSMo 442.150[1]) and may administer oaths and affirmations (RSMo 492.010).

4. Shorthand Reporters: Certified court and shorthand reporters have authority to administer oaths and affirmations in performing their duties (RSMo 492.010).

5. Commissioners of Deeds: The Governor of Missouri may appoint and commission commissioners of deeds to operate in other states, territories, districts and countries in order to notarize documents to be used or recorded in Missouri. Their powers include taking acknowledgments and proofs, administering oaths, and taking and certifying depositions and interrogatories. They also have power “to certify to the official character, signature or seal of any officer within their district, who is authorized to take acknowledgments or declarations under oath.” They may collect the same fees as clerks of courts of record (RSMo 486.100 through 486.140).

Notarial Acts in U.S. State or Jurisdiction

1. Notarial Officers: “A notarial act shall have the same effect under the law of this state as if performed by a notarial officer of this state if performed in another state, commonwealth, territory, district, or possession of the United States by any of the following persons:
   “(1) A notary of that jurisdiction;
   “(2) A judge, clerk, or deputy clerk of a court of that jurisdiction; or
   “(3) Any other person authorized by the law of that jurisdiction to perform notarial acts” (RSMo 486.775.3).

2. Prima Facie Evidence; Conclusive Authority: “The official signature, title, and, if required by law, seal of a person whose authority to perform notarial acts is recognized by subsection 3 of this section shall be considered prima facie evidence that the signature and seal are genuine and that the person holds the indicated title, and, except in the case of subdivision (3) of subsection 3 of this section, shall conclusively establish the authority of a holder of that title to perform a notarial act” (RSMo 486.775.4).

3. Notarial Officers, Real Property Documents: “The proof or acknowledgment of every conveyance or instrument in writing affecting real estate in law or equity, including deeds of married women, shall be taken by some one of the following courts or officers … [i]f acknowledged or proved without this state and within the United States, by any notary public or by any court of the United States, or of any state or territory, having a seal, or the clerk of any such court or any commissioner appointed by the governor of this state to take the acknowledgment of deeds” (RSMo 442.150[2]).

Notarial Acts Under Federal Law

1. Notarial Officers: “A notarial act shall have the same effect under the law of this state as if performed by a notarial officer of this state if performed anywhere by any of the following persons under authority granted by the law of the United States:
   “(1) A judge, clerk, or deputy clerk of a court;
   “(2) A commissioned United States military officer on active duty;
   “(3) A foreign service or consular officer of the United States; or
   “(4) Any other person authorized by federal law to perform notarial acts” (RSMo 486.775.5).

2. Prima Facie Evidence; Conclusive Authority: The official signature, title, and, if required by law, seal of a person whose authority to perform notarial acts is recognized by subsection 5 of this section shall be considered prima facie evidence that the signature and seal are genuine, that the person holds the indicated title, and, except in the case of subdivision (4) of subsection 5 of this section, shall conclusively establish the authority of a holder of that title to perform a notarial act” (RSMo 486.775.6).

Notarial Acts in Foreign Nation

1. Notarial Officers: “A notarial act shall have the same effect under the law of this state as if performed by a notarial officer of this state if performed within the jurisdiction and under authority of a foreign nation or its constituent units or a multi-national or international organization by any of the following persons:
   “(1) A notary or other notarial officer;
   “(2) A judge, clerk, or deputy clerk of a court of record; or
   “(3) Any other person authorized by the law of that jurisdiction to perform notarial acts” (RSMo 486.775.7).

2. Prima Facie Evidence; Conclusive Authority: “The official seal or stamp of a person whose authority to perform notarial acts shall be recognized by subsection 7 of this section shall be considered prima facie evidence that the signature is genuine, that the person holds the indicated title, and, except in the case of subdivision (3) of subsection 7 of this section, shall conclusively establish the authority of a holder of that title to perform a notarial act” (RSMo 486.775.8).
   The authority of an officer to perform notarial acts shall be conclusively established if the title of the office and indication of authority to perform notarial acts appears either in a digest of foreign law or a list customarily used as a source for that information” (RSMo 486.775.9).

3. Apostille: “An apostille in the form prescribed by subsection 3 of [RSMo] section 486.770 shall conclusively establish that the signature and seal of the notarial officer referenced in the apostille are genuine and that the person holds the indicated office” (RSMo 486.775.10).

4. Certificate of Foreign Service, Consular Officer: “A certificate of a foreign service or consular officer of the United States stationed in the nation under whose jurisdiction the notarial act was performed, or a certificate of a foreign service or consular officer of that nation stationed in the United States, conclusively establishes any matter relating to the authenticity or validity of the notarial act referenced in the certificate” (RSMo 486.775.11).

5. Notarial Officers, Real Property Documents: “The proof or acknowledgment of every conveyance or instrument in writing affecting real estate in law or equity, including deeds of married women, shall be taken by some one of the following courts or officers…[i]f acknowledged or proved without the United States, by any court of any state, kingdom or empire having a seal or the mayor or chief officer of any city or town having an official seal or by any minister or consular officer of the United States or notary public having a seal” (RSMo 442.150[3]).

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Secretary of State

Certificates authenticating the acts of Notaries (including apostilles) are issued only by the Commissions Division of the Secretary of State’s office (RSMo 486.395).

1. Regular Mail:
   Office of Secretary of State
   Commissions Office
   P.O. Box 784
   Jefferson City, MO 65102-0784

2. In Person or Express Mail:
   Office of Secretary of State
   Commissions Office
   James C. Kirkpatrick State Info Center
   600 W. Main St., Room 322
   Jefferson City, MO 65101

3. Phone: 1-573-751-2783

4. Branch Offices: Authenticating certificates (including apostilles) for a Missouri Notary can also be obtained at any of the Secretary of State’s three branch offices (MNH):
   815 Olive St., Suite 210
   St. Louis, MO 63101
   Telephone: (314) 340-7490

   615 E. 13th St., Room 513
   Kansas City, MO 64106
   Telephone: (816) 889-2925

   149 Park Central Sq., Suite 624
   Springfield, MO 65806
   Telephone: (417) 895-6330

5. Procedure

   1. Mailed and In-Person Requests: Mail or present the original notarized document, along with the fee. Indicate the country to which the notarized document will be sent. Include a return address and a contact phone number and email address.

   2. Return Delivery: Documents will be returned by regular mail unless there is a prepaid envelope or addressed airbill included with the documents.
      “The Secretary of State’s office is pleased to forward documents directly to a third party if a stamped addressed envelope to the third party is enclosed with the letter of request. If the third party is a consulate or embassy for the country requiring the documents, it is practical to include a letter of instruction to them with their fees” (MNH).

   3. Fee: $10 per certificate; payable to the “Director of Revenue.” Payment may be made by check, money order, MasterCard, Visa, American Express and Discover.

      1. Adoptions: A law effective August 28, 2002, “limits the state’s allowable fee for processing certain adoption documents to $100 per child per adoption, or per multiple children adopted at the same time” (MNH).

      2. Credit Cards: “For MasterCard, Visa, American Express and Discover the following must be included in a cover letter accompanying the documents: your name exactly as it appears on the credit card, credit card number, expiration date and approval for the office to charge the account. Documents sent by special delivery using a credit card number must include a completed air bill” (MNH).

6. School Documents: “The face of a diploma should not be altered by the registrar or notary. The registrar or other authority of the school must sign a statement, which is typed on the BACK of the diploma or transcript. The wording in this statement says that the diploma or transcript is either the original record issued by the school or a copy of the original document issued by the school and the date it was issued. The signature of the school official is witnessed by a notary public. The notary states that he/she saw the school official sign the document. If the school does not issue a diploma for foreign students, a notarized letter from the registrar or other school authority must be given to the student. The letter must state that the student has completed the requirements for graduation from that school, but the school does not issue diplomas for foreign students. This letter is notarized in the same manner as other notarized school documents” (MNH).

7. Vital Records: “MISSOURI birth certificates, death certificates, marriage licenses or divorce decrees should be certified by the issuing agency. Birth and death certificates should be obtained from the Missouri Department of Health and Senior Services, Bureau of Vital Records, 930 Wildwood, PO Box 570, Jefferson City, MO 65102-0570. There is a fee charged by Vital Records for these copies. Vital Records will issue a certified copy of these MISSOURI records and the Secretary of State will authenticate this certified copy. Marriage licenses can sometimes be obtained from the county recorder of deeds offices where they have been recorded for public record. Divorce decrees can sometimes be obtained from the circuit clerk where they have been filed. The recorder of deeds or circuit clerk will issue and sign the copy of the original document” (MNH).

8. Apostilles: “Apostilles are issued by our office for all documents going to countries who are members of the 1961 Hague Convention. The Convention provides for a simplified certificate for public documents to be used in the countries which have joined the Convention. With only an Apostille, the document is entitled to recognition in the country of its intended use. The Apostille MUST BE REQUESTED for documents going to the member countries. The Secretary of State’s office has a reference list of these countries” (MNH).

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