Missouri - U.S. Notary Reference
Last Update: August 28, 2025
QUICK FACTS
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).
ADMINISTRATION AND RULES
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
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 65102-0784Phone: 573-751-2783
866-223-6535
Laws, Rules and Guidelines
Laws
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.”
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]).
Rules
Missouri Code of State Regulations: Rules regulating Notaries are set forth in the Missouri Code of State Regulations (CSR), Title 15, Division 30:
Chapter 100, Secretary of State—Notary Commission
Chapter 110, Notary Use of Electronic Signatures and Seals
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]).
Guidelines: Other guidelines are in the “Missouri Notary Handbook” (MNH) (January 2025 edition), issued by the Secretary of State and available on the website.
COMMISSION AND APPOINTMENT
Commission Process
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).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).
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]).
Exam: Required (RSMo 486.605.2[5]). A passing score on the examination is eighty percent or higher (RSMo 486.630.3[2]).
Application
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.
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”).
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).
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.
Fee: $25, payable by check or money order to Secretary of State, credit/debit card or eCheck (additional transaction fees apply).
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).
Background Screening: Not required.
Qualifying Before County Clerk
Delivery of Commission: The Secretary of State will mail the new commission to the appropriate county clerk (RSMo 486.620.1).
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).
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).
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).
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).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
In-Person Electronic Notarial Acts
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).
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).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).
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).
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).
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).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).
Remote Notarial Acts
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).
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).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).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
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).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
Address Change:
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).
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).
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).Name Change
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).
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).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).
Resignation
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).
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).
Electronic Notaries
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).
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).
NOTARIAL ACTS
Authorized Acts
Notarial Acts: Missouri Notaries are authorized to perform the following notarial acts (RSMo 486.640):
Take acknowledgments and proofs (RSMo 442.150);
Administer oaths and affirmations;
Execute jurats;
Witness signatures;
Certify copies;
Perform any other act authorized by law.
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):
Take acknowledgments;
Execute jurats;
Witness signatures;
Certify copies.
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):
Take acknowledgments;
Execute jurats.
Acknowledgments
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]).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
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).
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
Definitions
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]).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]).
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).”
Requirements
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).
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).
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
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]).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
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]).Requirements
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).
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).
Paper Printout Copy Certification
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).
Requirements: The paper printout copy certification must satisfy the following requirements:
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]).
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]).
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]).
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).
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).
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
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]).
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]).
STANDARDS OF PRACTICE
Personal Appearance
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”).Remote Notarial Acts
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]).
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
Notarial Acts
Definitions
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]).
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]).
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]).
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).
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).
Remote Notarial Acts
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).Credential Analysis Standards
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]).
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]).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]).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]).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]).
Dynamic Knowledge-Based Authentication (DKBA) Standards
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]).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]).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]).
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
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).
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]).
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]).
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
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]).
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
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).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
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).
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
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).
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).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).
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
Applicable Law
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.”
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.
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.
Technology Systems
Approval of System Providers: Not required.
List of System Providers: Not provided.
Standards of Practice: An Electronic Notary shall perform an electronic notarization only under the following circumstances:
Personal Appearance: The principal must be in the presence of the Notary at the time of notarization (RSMo 486.930.1[1]).
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]).
Mental Competence: The principal must appear to understand the nature of the transaction (RSMo 486.930.1[3]).
Willingness: The principal must appear to be acting of his or her own free will (RSMo 486.930.1[1]).
Direct Communication: The principal must be able to communicate directly with the Notary in a language both understand (RSMo 486.930.1[1]).
Electronic Signature: The principal must reasonably establish the electronic signature as his or her own” (RSMo 486.930.6).
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).
Fees: For the maximum fees that an Electronic Notary may charge, see “Fees for Notarial Acts,” below.
Journal: For the rules related to keeping journals of electronic notarial acts, see “Records of Notarial Acts,” below.
Electronic “Self-Proved” Wills
Purpose: An electronic will can be made "self-proved" either when it's signed or at a later time. This means it includes extra proof that the will is valid, so it doesn’t need witnesses to testify in court later.
Authorized Methods: There are two ways to make an electronic will self-proved:
Traditional Method Using IPEN: The person making the will (called the testator) and two witnesses sign it in front of a Notary Public using electronic means in an in-person electronic notarial act. This follows the rules in RSMo 474.337.1.
Remote Method: If fewer than two witnesses are physically present with the testator, the will can still be self-proved by using a Remote Online Notary (see “Remote Notarial Acts,” below). This Notary must be authorized under state or federal law to perform online notarizations. The Notary must attach a notarial certificate showing the will was properly signed and acknowledged online. This must follow the format of the certificate in RSMo 474.550, and rules in RSMo 486.1165. The certificate form is included under “Certificate of Notarial Act,” below.