Missouri Statute | Act | Code |Courts| US Code - US Statute | Chapter 486 Commissioners Of Deeds And Notaries Public

The governor may appoint and commission in any other state, in
the District of Columbia, in each of the territories of the United
States, and in any foreign country, one or more commissioners, who shall
continue in office during the pleasure of the governor, and shall have
authority to take relinquishments of dower of married women, the
acknowledgment or proof of the execution of any deed or other conveyance,
or lease of any lands lying in this state, or of any contract, letters of
attorney, or of any other writing, under seal or note, to be used and
recorded in this state; and such commissioners appointed for any foreign
country shall also have authority 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. (RSMo 1939 § 13382)

Prior revisions: 1929 § 11760; 1919 § 2138; 1909 § 2701

Every such commissioner, before performing any duty or
exercising any power in virtue of his appointment, shall take and
subscribe an oath or affirmation before some judge or clerk of any United
States court of record or before some judge or clerk of any court of
record in and of the state of Missouri, or before a judge or clerk of one
of the courts of record of the district, territory, state or county in
which said commissioner shall reside, well and faithfully to execute and
perform all the duties of such commissioner, under and by virtue of the
laws of the state of Missouri; which oath, and a description of his seal
of office, if there be one, together with his signature thereto, shall be
filed in the office of the secretary of state of this state within six
months after the date of his appointment. (RSMo 1939 § 13383)

Prior revisions: 1929 § 11761; 1919 § 2139; 1909 § 2702

An acknowledgment or proof so taken according to the laws of
this state, and certified to by any such commissioner, under his seal of
office, if there is one annexed to or endorsed on the instrument, has the
same force and effect as if the same had been made before a judge or
associate circuit judge, or any other officer authorized to perform the
act in this state. (RSMo 1939 § 13384, A.L. 1957 p. 351)

Prior revisions: 1929 § 11762; 1919 § 2140; 1909 § 2703

Every commissioner shall have power to administer any oath which
may be lawfully required in this state, to any person willing to take it;
and to take and certify all depositions to be used in any of the courts
of this state, in conformity to the laws thereof, either on
interrogatories proposed under commission from a court of this state, or
by consent of parties, or on legal notice given to the opposite party;
and all such acts may be as valid as if done and certified according to
law by an associate circuit judge in this state. (RSMo 1939 § 13385)

Prior revisions: 1929 § 11763; 1919 § 2141; 1909 § 2704

Commissioners shall for like services be allowed the same fees
as clerks of courts of record. (RSMo 1939 § 13386)

Prior revisions: 1929 § 11764; 1919 § 2142; 1909 § 2705

As used in sections 486.200 to 486.405:

(1) "County" means any of the several counties of this state or the city
of St. Louis;

(2) "County clerk" means any of the several county clerks of this state
or the clerk of the circuit court in the city of St. Louis;

(3) "Facsimile" means an exact copy preserving all the written or printed
marks of the original;

(4) "Notarization" means the performance of a notarial act;

(5) "Notary public" and "notary" means any person appointed and
commissioned to perform notarial acts, including any attorney licensed to
practice law in this state;

(6) "Official misconduct" means the wrongful exercise of a power or the
wrongful performance of a duty. The term "wrongful" as used in the
definition of official misconduct means unauthorized, unlawful, abusive,
negligent, reckless, or injurious. (L. 1977 H.B. 513 § 1, A.L. 2005 S.B.
420 & 344)

Upon application, the secretary of state may appoint and
commission individual persons as notaries public* in each of the several
counties in this state. The secretary of state may not appoint and
commission as a notary public any person who submits an application
containing substantial and material misstatement or omission of fact. (L.
1977 H.B. 513 § 2)

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*Words "notary publics" appear in original rolls.

Each notary public may perform notarial acts anywhere within
this state. (L. 1977 H.B. 513 § 3)

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Each notary public may perform notarial acts for a term of four
years from the date of his commission, unless sooner removed. (L. 1977
H.B. 513 § 4)

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1. Each person appointed and commissioned as a notary public
shall, except as provided for in subsection 2 of this section:

(1) Be at least eighteen years of age;

(2) Be a registered voter of the county within and for which he is
commissioned; or a resident alien of the United States;

(3) Have a residence address in the county within and for which he is
commissioned;

(4) Be able to read and write the English language; and

(5) Not have had his commission revoked during the past ten years; or

(6) In lieu of the requirements contained in subdivisions (1) to (5) of
this subsection, a person who is appointed and commissioned a notary
public pursuant to subsection 2 of this section may be appointed and
commissioned pursuant to this subsection upon becoming a resident of
Missouri.

2. Any person who does not qualify under subsection 1 of this section may
nonetheless be appointed and commissioned as a notary public provided
that person:

(1) Is at least eighteen years of age;

(2) Works in Missouri and will use the notary seal in the course of his
employment in Missouri;

(3) Has a work address in the county within and for which he is
commissioned;

(4) Is able to read and write the English language;

(5) Has not had a notary commission revoked in any state during the past
ten years; and

(6) Authorizes the secretary of state as the agent and representative of
such person to accept service of any process or service of any notice or
demand required or permitted by law to be served upon such person.

3. A notary public is not a public officer within the meaning of article
VII of the Missouri Constitution. (L. 1977 H.B. 513 § 5, A.L. 1988 S.B.
425, A.L. 1991 H.B. 570)

1. Upon a form prepared by the secretary of state, each
applicant for appointment and commission as a notary public shall swear,
under penalty of perjury, that the answers to all questions on the
application are true and complete to the best of the applicant's
knowledge and that the applicant is qualified to be appointed and
commissioned as a notary public. The completed application form shall be
filed with the secretary of state.

2. With the person's application, each applicant for appointment and
commission as a notary public shall submit to the secretary of state a
commission fee of fifteen dollars.

3. Each applicant for appointment and commission as a notary public shall
state in the application whether or not the applicant has ever been
convicted of or pled guilty or nolo contendere to any felony, or to any
misdemeanor incompatible with the duties of a notary public and if so,
shall attach a list of such convictions or pleas of guilt or nolo
contendere.

4. Each applicant for a renewal appointment and commission as a notary
public may apply for such renewal appointment in a manner prescribed by
the secretary of state.

5. The secretary of state may prohibit, for a period not less than thirty
days and not more than one year, a new applicant or renewal from
reapplying for an appointment and commission as a notary public following
the rejection of such applicant's application by the secretary of state.

6. Prior to submitting an application to the secretary of state, each new
applicant or renewal for appointment and commission as a notary public
shall read the Missouri notary public handbook and complete a computer-
based notary training or other notary training in a manner prescribed by
the secretary of state. Each new applicant or renewal applicant shall
attest to reading such handbook and receiving such training pursuant to
this subsection at the time of submitting the application for appointment
and commission as a notary public. (L. 1977 H.B. 513 § 6, A.L. 1988 H.B.
1068, A.L. 1991 H.B. 570, A.L. 1997 S.B. 361, A.L. 2004 H.B. 1193)

Upon receipt of a completed application, proper endorsements and
the correct fee, the secretary of state, if satisfied the applicant is
qualified to be appointed and commissioned as a notary public, shall
prepare a notary commission for the applicant and forward the commission
to the county clerk in the county of the applicant's residence. Each
commission shall contain the applicant's name, the county within and for
which he is to be commissioned, the date upon which the commission takes
effect and the date upon which it expires. (L. 1977 H.B. 513 § 7)

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1. During his or her term of office each notary public shall
maintain a surety bond in the sum of ten thousand dollars with, as surety
thereon, a company qualified to write surety bonds in this state. The
bond shall be conditioned upon the faithful performance of all notarial
acts in accordance with this chapter. Each notary public shall notify the
secretary of state of changes on or riders to the bond.

2. Before receiving his or her commission, each applicant shall submit to
the county clerk of the county within and for which he or she is to be
commissioned, an executed bond commencing at least ninety days after the
date he or she submitted the application to the secretary of state with a
term of four years, which shall consist of the dates specified on the
applicant's commission.

3. Before receiving his or her commission, each applicant shall take the
following oath in the presence of the county clerk: I, ........ (name of
applicant), solemnly swear, under the penalty of perjury, that I have
carefully read the notary law of this state, and if appointed and
commissioned as a notary public, I will uphold the Constitution of the
United States and of this state and will faithfully perform to the best
of my ability all notarial acts in conformance with the law.
........................................(signature of applicant)
Subscribed and sworn to before me this ...... day of ........, 20... .
.....................................(signature of county clerk)

4. Before receiving his or her commission, each applicant shall submit to
the county clerk a handwritten specimen of the applicant's official
signature which contains his or her surname and at least the initial of
the applicant's first name.

5. Immediately after receiving the bond and official signature and
witnessing the oath, the county clerk shall award to the applicant his or
her commission as a notary public. (L. 1977 H.B. 513 §§ 8, 9, A.L. 1981
H.B. 388, A.L. 2004 H.B. 1193)

If the person for whom a commission is issued fails to appear
and qualify within ninety days after the commission is issued, the county
clerk shall note the failure on the commission and return it within
thirty days of such failure to the secretary of state. The secretary of
state shall immediately cancel and annul the commission. The secretary of
state may prohibit, for a period not less than thirty days and not more
than one year, such person from reapplying for an appointment and
commission as a notary public following the failure to appear and qualify
within ninety days after the commission is issued. (L. 1977 H.B. 513 §
10, A.L. 2004 H.B. 1193)

The county clerk shall keep a register, listing the name and
address of each person to whom he awards a notary commission and the date
upon which he awards the commission. Within thirty days after receiving a
bond, signature and oath, the county clerk shall forward the bond,
signature and oath to the secretary of state by certified mail. All such
bonds, signatures and oaths shall be preserved permanently by the
secretary of state. (L. 1977 H.B. 513 § 11)

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Each notary public is empowered to

(1) Take acknowledgments;

(2) Administer oaths and affirmations;

(3) Certify that a copy of a document is a true copy of another document;
and

(4) Perform any other act permitted by law. (L. 1977 H.B. 513 § 12)

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1. For the purposes of this chapter, a notary public has a
disqualifying interest in a transaction in connection with which notarial
services are requested if he is named, individually, as a party to the
transaction.

2. No notary who has a disqualifying interest in a transaction may
legally perform any notarial act in connection with the transaction. (L.
1977 H.B. 513 § 13)

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Each notary public shall provide and keep a permanently bound
journal of his or her notarial acts containing numbered pages, except
those notarial acts connected with judicial proceedings, and those for
whose public record the law provides and the public record is publicly
filed within ninety days of execution. Each notary public shall record in
such journal the following: the month, day, and year of notarization; the
type of notarization such as acknowledgment or jurat; the type of
document; the name and address of the signer; the identification used by
the signer; the notary fee; and the signature of the signer. (L. 1977
H.B. 513 § 14, A.L. 2004 H.B. 1193)

Every notary shall keep a true and perfect record of his or her
official acts in a permanently bound journal, except those connected with
judicial proceedings, and those for whose public record the law provides
and the public record as defined in section 610.010, RSMo, is publicly
filed within ninety days of execution. Every notary shall make and keep
an exact minute, in a permanently bound journal kept by him or her for
that purpose, of each of his or her official acts, except as herein
provided. The journal is the exclusive property of the notary. (L. 1977
H.B. 513 § 15, A.L. 2004 H.B. 1193)

Each notary public, upon written court order, shall furnish
facsimiles of entries made in his journal of notarial acts or any other
papers or copies relating to his notarial acts, upon receipt of a fee of
one dollar per 8 1/2 x 11 inch page or part of a page. (L. 1977 H.B. 513
§ 16)

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At the time of notarization a notary public shall sign his
official signature on each notary certificate. (L. 1977 H.B. 513 § 17)

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On every notary certificate, a notary public shall indicate
clearly and legibly, in print not smaller than eight-point type and by
means of rubber stamp, typewriting or printing, so that it is capable of
photographic reproduction:

(1) His or her name exactly as it appears on the commission;

(2) The words "Notary Public", "State of Missouri", and "My commission
expires ..... (commission expiration date)";

(3) The name of the county within which he or she is commissioned; and

(4) A commission number, provided that the notary public has been issued
a commission number by the secretary of state. Effective August 28, 2004,
the secretary of state shall issue a commission number for all new and
renewal notary appointments. (L. 1977 H.B. 513 § 18, A.L. 2004 H.B. 1193)

1. Each notary public shall provide, keep, and use a seal which
is either an engraved embosser seal or a black inked rubber stamp seal to
be used on the document being notarized. The seal shall contain the
notary's name exactly as indicated on the commission and the words
"Notary Seal", "Notary Public", and "State of Missouri" and, after August
28, 2004, the commission number assigned by the secretary of state,
provided that the notary public has been issued a commission number by
the secretary of state, all of which shall be in print not smaller than
eight- point type.

2. The indentations made by the seal embosser or printed by the black
inked rubber stamp seal shall not be applied on the notarial certificate
or document to be notarized in a manner that will render illegible or
incapable of photographic reproduction any of the printed marks or
writing on the certificate or document.

3. Every notary shall keep an official notarial seal that is the
exclusive property of the notary and the seal may not be used by any
other person or surrendered to an employer upon termination of
employment. (L. 1977 H.B. 513 § 19, A.L. 1991 H.B. 570, A.L. 2004 H.B.
1193)

The illegibility of any of the information required by sections
486.280, 486.285 and 486.290 does not affect the validity of the
transaction. (L. 1977 H.B. 513 § 20)

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Any notary public who changes the address of his or her
residence in the county within and for which he or she is commissioned
shall forthwith mail or deliver within thirty days of such change a
notice of the fact to the secretary of state including his or her old
address and current address. The notary's commission shall remain in
effect until its expiration date, unless sooner revoked. (L. 1977 H.B.
513 § 21, A.L. 1981 H.B. 388, A.L. 2004 H.B. 1193)

Any notary public who lawfully changes his or her name shall
forthwith request within thirty days of such change an amended commission
from the secretary of state and shall send to the secretary of state five
dollars, his or her current commission, and a notice of change form
provided by the secretary of state, which shall include his or her new
name and contain a specimen of his or her official signature. The
secretary of state shall issue an amended commission to the notary public
in his or her new name and shall notify the clerk of the county within
and for which the notary is commissioned. After requesting an amended
commission, the notary may continue to perform notarial acts in his or
her former name, until he or she receives the amended commission. (L.
1977 H.B. 513 § 22, A.L. 1981 H.B. 388, A.L. 2004 H.B. 1193)

Any notary public who loses or misplaces his journal of notarial
acts or official seal shall forthwith mail or deliver notice of the fact
to the secretary of state. (L. 1977 H.B. 513 § 23)

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If any notary public no longer desires to be a notary public, he
or she shall forthwith mail or deliver to the secretary of state a letter
of resignation, and his or her commission shall thereupon cease to be in
effect. If a notary public resigns following the receipt of a complaint
by the secretary of state regarding the notary public's conduct, the
secretary of state may deny any future applications by such person for
appointment and commission as a notary public. (L. 1977 H.B. 513 § 24,
A.L. 2004 H.B. 1193)

If a notary public has ceased to have a residence address in the
county within and for which he or she is commissioned, the commission
shall thereupon cease to be in effect, unless the secretary of state
issues an amended commission. When a notary public, who has established a
residence address in a county of the state other than the county in which
he or she was first commissioned, requests an amended commission within
thirty days of changing the notary's county of residence, delivers his or
her current commission, notice of change form, and five dollars to the
secretary of state, the secretary of state shall issue an amended
commission to the notary public, for the county in which his or her new
residence is located and shall notify the county clerk of the county
where the notary's new address is located. After requesting an amended
commission within thirty days of changing the notary's county of
residence, the notary may continue to perform notarial acts with
certificates showing the county within and for which he or she is
commissioned, until the notary receives his or her amended commission.
(L. 1977 H.B. 513 § 25, A.L. 1981 H.B. 388, A.L. 2004 H.B. 1193)

If any notary public receives notice from the secretary of state
that his commission has been revoked, the person whose commission is
revoked shall forthwith mail or deliver to the secretary of state his
commission. (L. 1977 H.B. 513 § 26)

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1. No person may be automatically reappointed as a notary public.

2. Each notary public who is an applicant for reappointment as a notary
public shall recomply with the provisions of sections 486.225 and
486.235. (L. 1977 H.B. 513 § 27)

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Except as otherwise provided in section 442.210, RSMo,
certificates of acknowledgment shall be in print not smaller than eight-
point type and in substantially the following form:

(1) By an Individual.

State of ...., County (and/or City) of ..... On this .... day of .... in
the year .... before me, .... (name of notary), a Notary Public in and
for said state, personally appeared ...... (name of individual), known to
me to be the person who executed the within .... (type of document), and
acknowledged to me that .... (he/she) executed the same for the purposes
therein stated.

(2) By a Partner.

State of ...., County (and/or City) of ..... On this .... day of .... in
the year .... before me, .... (name of notary), a Notary Public in and
for said state, personally appeared ...... (name of partner) of ....
(name of partnership), known to me to be the person who executed the
within ...... (type of document) in behalf of said partnership and
acknowledged to me that he or she executed the same for the purposes
therein stated. ...... (official signature and official seal of notary)

(3) By a Corporate Officer.

State of ...., County (and/or City) of ..... On this .... day of .... in
the year .... before me, .... (name of notary), a Notary Public in and
for said state, personally appeared ...... (name of officer), ......
(title of person, president, vice president, etc.), .... (name of
corporation), known to me to be the person who executed the within ......
(type of document) in behalf of said corporation and acknowledged to me
that he or she executed the same for the purposes therein stated. ......
(official signature and official seal of notary)

(4) By an Attorney in Fact for Principal or Surety.

State of ...., County (and/or City) of ..... On this .... day of ...., in
the year .... before me, .... (name of notary), a Notary Public in and
for said state, personally appeared ...... (name of attorney in fact),
Attorney in Fact for .... (name of principal or surety), known to me to
be the person who executed the within ...... (type of document) in behalf
of said principal (or surety), and acknowledged to me that he or she
executed the same for the purposes therein stated. ...... (official
signature and official seal of notary)

(5) By a Public Officer, Deputy, Trustee, Administrator, Guardian or
Executor.

State of ...., County (and/or City) of ..... On this .... day of ...., in
the year ...., before me .... (name of notary), a Notary Public in and
for said state, personally appeared ...... (name of person), ....,
(person's official title) known to me to be the person who executed the
within .... (type of document) in behalf of ...... (public corporation,
agency, political subdivision or estate) and acknowledged to me that he
or she executed the same for the purposes therein stated. ......
(official signature and official seal of notary)

(6) By a United States Citizen Who is Outside of the United States.
(description or location of place where acknowledgment is taken)

On this .... day of ...., in the year ...., before me ...... (name and
title of person acting as a notary and refer to law or authority granting
power to act as a notary), personally appeared ...... (name of citizen)
known to me to be the person who executed the within ...... (type of
document) and acknowledged to me that ...... (he/she) executed the same
for the purposes therein stated. ...... (official signature and official
seal of person acting as a notary and refer to law or authority granting
power to act as a notary)

(7) By An Individual Who Cannot Write His or Her Name.

State of ...., County (and/or City) of .....

On this .... day of .... in the year ...., before me ...... (name of
notary), a Notary Public in and for said state, personally appeared ....
(name of individual), known to me to be the person who, being unable to
write his or her name, made his or her mark in my presence.

I signed his or her name at his or her request and in that person's
presence on the within .... (type of document) and he or she acknowledged
to me that he or she made his or her mark on the same for the purposes
therein stated. ...... (official signature and official seal of notary)

(8) By a Manager or Member.

State of ...., County (and/or City) of .....

On this .... day of .... in the year .... before me, .... (name of
notary), a Notary Public in and for said state, personally appeared
...... (name of manager or member) of .... (name of limited liability
company), known to me to be the person who executed the within ......
(type of document) in behalf of said limited liability company and
acknowledged to me that he or she executed the same for the purposes
therein stated. ...... (official signature and official seal of notary)
(L. 1977 H.B. 513 § 28, A.L. 1997 H.B. 655 merged with S.B. 170, A.L.
2004 H.B. 1193)

Affirmations shall be in type not smaller than eight-point and
in substantially the following form:

(1) If the affirmation to be administered by the notary public is in
writing and the person who took the affirmation has signed his or her
name thereto, the notary public shall write or print under the text of
the affirmation the following:

"Subscribed and affirmed before me this ...... day of ........, 20...."
.......... (official signature and official seal of notary)

(2) If the affirmation to be administered by the notary public is not in
writing, the notary public shall address the affirmant substantially as
follows:

"You do solemnly affirm, under the penalty of perjury, that the testimony
you shall give in the matter in issue, pending between ..... and .....,
shall be the truth, the whole truth, and nothing but the truth.". (L.
1977 H.B. 513 § 29, A.L. 2004 H.B. 1193)

1. As used in this section, the words "executing witness" means
an individual who acts in the place of a notary.

2. An executing witness may not be related by blood or marriage or have a
disqualifying interest as defined in section 486.255.

3. The affidavit of executing witness for acknowledgment by an individual
who does not appear before a notary shall be in type not smaller than
eight-point and in substantially the following form:

I, ...... (name of executing witness), do solemnly affirm under the
penalty of perjury, that .... (name of person who does not appear before
a notary), personally known to me, has executed the within ...... (type
of document) in my presence, and has acknowledged to me that ......
(he/she) executed the same for the purposes therein stated and requested
that I sign my name on the within document as an executing witness.
......................... (signature of executing witness)

Subscribed and affirmed before me this .... day of ...., 20....
.............. (official signature and official seal of notary) (L. 1977
H.B. 513 § 30, A.L. 2004 H.B. 1193)

1. A notary public may certify a facsimile of a document if he
or she receives a signed written request stating that a certified copy or
facsimile, preparation of a copy, or certification of a copy of the
document does not violate any state or federal law.

2. Each notary public shall retain a facsimile of each document he or she
has certified as a facsimile of another document, together with other
papers or copies relating to his or her notarial acts.

3. The certification of a facsimile shall be in type not smaller than
eight-point and in substantially the following form:

State of ........ County (and/or City) of ......... I, ........ (name of
notary), a Notary Public in and for said state, do certify that on
........ (date) I carefully compared the attached facsimile of ..........
(type of document) and the facsimile I now hold in my possession. They
are complete, full, true and exact facsimiles of the document they
purport to reproduce. .......... (official signature and official seal of
notary) (L. 1977 H.B. 513 § 31, A.L. 2004 H.B. 1193)

1. The maximum fee in this state for notarization of each
signature and the proper recording thereof in the journal of notarial
acts is two dollars for each signature notarized.

2. The maximum fee in this state for certification of a facsimile of a
document, and the proper recordation thereof in the journal of notarial
acts is two dollars for each 8 1/2 x 11 inch page retained in the
notary's file.

3. The maximum fee in this state is one dollar for any other notarial act
performed.

4. No notary shall charge or collect a fee for notarizing the signature
on any absentee ballot or absentee voter registration.

5. A notary public who charges more than the maximum fee specified or who
charges or collects a fee for notarizing the signature on any absentee
ballot or absentee voter registration is guilty of official misconduct.

6. A notary public may charge a travel fee, not to exceed the approved
federal mileage rate and may charge an expedited convenience service fee
not to exceed twenty-five dollars, when traveling to perform a notarial
act, provided that:

(1) The notary explains to the person requesting the notarial act that
the travel fee is separate from the notarial fee and is not specified or
mandated by law; and

(2) The notary and the person requesting the notarial act agree upon his
or her fees in advance of the notary affixing his or her official seal.

(L. 1977 H.B. 513 § 32, A.L. 2004 H.B. 1193)

A notary public and the surety or sureties on his bond are
liable to the persons involved for all damages proximately caused by the
notary's official misconduct. (L. 1977 H.B. 513 § 33)

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(1987) Notary public in failing to witness the signing of a bill of sale
of business notarized by him may be liable pursuant to this section to
plaintiffs for damages for their not being able to enforce a note that
was entered into at time of transfer of business where the bill of sale
referenced the note. Means v. Clardy, 735 S.W.2d 6 (Mo.App. W.D.).

The employer of a notary public is also liable to the persons
involved for all damages proximately caused by the notary's official
misconduct, if:

(1) The notary public was acting within the scope of his employment at
the time he engaged in the official misconduct; and

(2) The employer consented to the notary public's official misconduct.
(L. 1977 H.B. 513 § 34)

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It is not essential to a recovery of damages that a notary's
official misconduct be the only proximate cause of the damages. (L. 1977
H.B. 513 § 35)

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1. A notary public who knowingly and willfully commits any
official misconduct is guilty of a misdemeanor and is punishable upon
conviction by a fine not exceeding five hundred dollars or by
imprisonment for not more than six months or both.

2. A notary public who recklessly or negligently commits any official
misconduct is guilty of a misdemeanor and is punishable upon conviction
by a fine not exceeding one hundred dollars. (L. 1977 H.B. 513 § 36)

Effective 1-1-78

Any person who acts as, or otherwise willfully impersonates, a
notary public while not lawfully appointed and commissioned to perform
notarial acts is guilty of a misdemeanor and punishable upon conviction
by a fine not exceeding five hundred dollars or by imprisonment for not
more than six months or both. (L. 1977 H.B. 513 § 37)

Effective 1-1-78

Any person who unlawfully possesses a notary's journal, official
seal or any papers or copies relating to notarial acts, is guilty of a
misdemeanor and is punishable upon conviction by a fine not exceeding
five hundred dollars. (L. 1977 H.B. 513 § 38)

Effective 1-1-78

1. The secretary of state may reject an application or revoke
the commission of any notary public who prior to being commissioned or
during the current term of appointment:

(1) Submits an application for commission and appointment as a notary
public which contains substantial and material misstatement of facts;

(2) Is convicted of any felony or official misconduct under this chapter;

(3) Fails to exercise the powers or perform the duties of a notary public
in accordance with this chapter, or fails otherwise to comply with the
provisions of this chapter;

(4) Is adjudged liable or agrees in a settlement to pay damages in any
suit grounded in fraud, misrepresentation, impersonation, or violation of
the state regulatory laws of this state, if his or her liability is not
solely by virtue of his or her agency or employment relationship with
another who engaged in the act for which the suit was brought;

(5) Uses false or misleading advertising wherein he or she represents or
implies, by virtue of the title of notary public, that he or she has
qualifications, powers, duties, rights, or privileges that he or she does
not possess by law;

(6) Engages in the unauthorized practice of law;

(7) Ceases to be a citizen of the United States;

(8) Ceases to be a registered voter of the county within and for which he
or she is commissioned;

(9) Ceases to have a residence address in the county within and for which
he or she is commissioned, unless he or she has been issued an amended
commission;

(10) Becomes incapable of reading or writing the English language;

(11) Fails to maintain the surety bond required by section 486.235.

2. A notary's commission may be revoked under the provisions of this
section if action is taken subject to the rights of the notary public to
notice, hearing, adjudication and appeal. The secretary of state shall
have further power and authority as is reasonably necessary to enable the
secretary of state to administer this chapter efficiently and to perform
the duties therein imposed upon the secretary of state, including
immediate suspension of a notary upon written notice sent by certified
mail if the situation is deemed to have a serious unlawful effect on the
general public; provided, that the notary public shall be entitled to
hearing and adjudication as soon thereafter as is practicable. (L. 1977
H.B. 513 § 39, A.L. 1981 H.B. 388, A.L. 2004 H.B. 1193)

1. Upon his own information or upon complaint of any person, the
attorney general, or his designee, may maintain an action for injunctive
relief in the circuit court of Cole County against any notary public who
renders, offers to render, or holds himself out as rendering any service
constituting the unauthorized practice of the law. Any organized bar
association in this state may intervene in the action, at any stage of
the proceeding, for good cause shown. The action may also be maintained
by an organized bar association in this state.

2. The remedies provided in subsection 1 of this section are in addition
to, and not in substitution for, other available remedies. (L. 1977 H.B.
513 § 40)

Effective 1-1-78

Upon the receipt of a written request, the notarized document
and a fee of ten dollars payable to the director of revenue, the
secretary of state shall provide a certificate of authority in type not
smaller than eight point and in substantially the following form:

I, ...... (appointing state official, or local or district office
designated by appointing state official, name and title) of the State of
(name of state) which office is an office of record having a seal,
certify that ...... (notary's name), by whom the foregoing or annexed
document was notarized, was, at the time of the notarization of the same,
a Notary Public authorized by the laws of this State to act in this State
and to notarize the within ...... (type of document), and I further
certify that the Notary's signature on the document is genuine to the
best of my knowledge, information, and belief and that such notarization
was executed in accordance with the laws of this State.

In testimony whereof, I have affixed my signature and seal of this office
this ...... day of ......, 20....
...............................................................
(secretary of state's signature, title, jurisdiction, address and the
seal affixed near the signature) (L. 1977 H.B. 513 § 41, A.L. 1988 H.B.
1068, A.L. 2004 H.B. 1193)

If the notary's notary seal has been stolen, the notary shall
immediately notify the secretary of state in writing to report the theft.
Upon receipt of the written documentation, the secretary of state shall
issue the notary a new commission number for the notary to order a new
seal. The secretary of state may post notice on the secretary of state's
web site notifying the general public that the notary seal of such notary
with the stolen commission number is invalid and is not an acceptable
notary commission number. (L. 2004 H.B. 1193)

Nothing in sections 486.200 to 486.405 shall be construed in any
way as interfering with or discontinuing the term of office of any person
now serving as a notary public until the term for which he was
commissioned has expired, or until he has been removed pursuant to the
provisions of sections 486.200 to 486.405. (L. 1977 H.B. 513 § 43)

Effective 1-1-78

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