Title XXXII — COURTS

486.700. Journal to be maintained, requirements. — 1. A notary shall keep, maintain, protect, and provide for lawful inspection a chronological journal of notarial acts that is a permanently bound book with numbered pages. 2. A notary shall maintain only one active permanently bo…

486.705. Journal contents. — 1. For every notarial act, the notary shall record in the journal at the time of notarization the following: (1) The date and time of day of the notarial act; (2) The type of notarial act; (3) The type, title, or a description of the document or proce…

486.710. Examination and copying of journal — fee for certified copy, exception. — 1. 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 autho…

486.715. Safeguarding of journal, requirements. — 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 und…

486.725. Paper documents, notarizing — signature and seal — lost or stolen seal — resignation, expiration, or death of notary, effect of — revocation, return of seal. — 1. In notarizing a paper document, a notary public shall affix an official signature and an official seal on th…

486.730. Official seal, placement of, elements. — 1. 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 that shall include the following elements…

486.735. Selling or manufacturing notary seals, registration required — requirements for sale or manufacture — violation, penalty. — 1. A vendor or manufacturer shall register with the secretary prior to selling or manufacturing notary seals. The secretary shall maintain an inter…

486.740. Notarial certificate required, contents, form. — 1. 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 section 486.725; (2) An impressi…

486.745. Paper notarial certificates, requirements — correction or errors or omissions, when. — 1. 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 evid…

486.750. Form of certificate. — A notary shall use a certificate in substantially the following form in notarizing the signature or mark of any person acknowledging on his or her own behalf or as a partner, corporate officer, attorney in fact, or in any other representative capac…

486.755. Jurat certificate form. — A notary shall use a jurat certificate in substantially the following form in notarizing a signature or mark on an affidavit or other sworn or affirmed written declaration: ­ ­ ­­-------- (L. 2020 H.B. 1655)

486.760. Signature form. — A notary shall use a certificate in substantially the following form in notarizing a signature or mark to confirm that it was affixed in the notary's presence without administration of an oath or affirmation: ­ ­ ­­-------- (L. 2020 H.B. 1655)

486.765. Certified copy form. — A notary shall use a certificate in substantially the following form in notarizing a certified copy: ­ ­ ­­-------- (L. 2020 H.B. 1655)

486.770. Notarized document sent out of state or country, form — certificate of authority form — apostille form, fee. — 1. On a notarized document sent to another state or nation, evidence of the authenticity of the official seal and signature of a notary commissioned pursuant to…

486.775. Notarial act may be performed, when — seal, signature, title, prima facie evidence, when — reciprocity, when. — 1. 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 …

486.780. Change of address of notary, requirements. — 1. 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,…

486.785. Change of notary's name, requirements. — 1. 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 no…

486.790. Resignation of notary commission. — 1. 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. 2.…

486.795. Expiration, resignation, or revocation of notary commission, requirements. — 1. Except as provided in subsection 2 of this section, if a notary commission expires or is resigned or revoked, the notary shall: (1) As soon as reasonably practicable, destroy or deface all of…

486.800. Death of notary, personal representative duties. — If a notary dies during the term of commission or before fulfilling the requirements of this section, the notary's personal representative shall: (1) Notify the secretary of the death in writing; (2) As soon as reasonabl…

486.805. Liability for damages by notary, surety, or employer of notary, when. — 1. 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…

486.810. Revocation of commission, when — procedure. — 1. The secretary may revoke a notary commission for any ground on which an application for a commission may be denied pursuant to subsection 4* of section 486.605. 2. The secretary shall revoke the commission of any notary wh…

486.815. Suspension of notary commission. — 1. The secretary may immediately suspend a notary commission 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 shall be entitled to he…

[Repealed or reserved.]

486.825. Additional sanctions permitted. — The sanctions of this chapter shall not preclude any other sanctions or remedies provided by law. ­­-------- (L. 2020 H.B. 1655)

486.830. Rulemaking authority. — The secretary may promulgate rules that are reasonable and necessary to accomplish the duties specifically delegated to the secretary in this chapter. Any rule or portion of a rule, as that term is defined in section 536.010, that is created pursu…

486.900. Definitions. — As used in sections 486.900 to 486.1010, the following terms and phrases mean: (1) "Capable of independent verification", any interested person may confirm the validity of an electronic notary's identity and authority through a publicly accessible system; …

486.902. Controlling law. — Sections 486.900 to 486.1010 supplement the provisions of sections 486.600 to 486.825 for in-person electronic notarial acts. To the extent sections 486.600 to 486.825 are inconsistent with sections 486.900 to 486.1010, the provisions of 486.900 to 486…

486.905. Electronic notaries, commission, registration. — 1. Prior to performing electronic notarial acts, a person shall apply to be a commissioned notary for the state of Missouri. 2. A notary shall register the capability to perform electronic notarial acts with the secretary …

486.910. Course of instruction required. — 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 notar…

486.915. Term of registration. — The term of registration of an electronic notary public shall begin on the registration starting date set by the secretary and shall continue as long as the notary's commission remains in effect or until registration is terminated pursuant to subs…

486.920. Electronic registration form, contents — denial of registration, when — confidentiality of records. — 1. To register the capability to perform electronic notarial acts, a notary shall electronically sign and submit to the secretary an electronic form prescribed by the se…

486.925. Electronic notarial acts authorized. — The following notarial acts may be performed electronically: (1) Acknowledgment; (2) Jurat; (3) Signature witnessing; and (4) Copy certification. ­­-------- (L. 2020 H.B. 1655)

486.930. Electronic notarization, principal requirements. — 1. An electronic notary shall perform an electronic notarization only if the principal: (1) Is in the presence of the notary at the time of notarization; (2) Is personally known to the notary or identified by the notary …

486.935. Electronic notarial certificate, contents, wording. — 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: (1) Completed wording appropria…

486.940. Electronic signature and seal, requirements — employers, restrictions. — 1. 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 no…

486.945. Journal of notarial acts, requirements. — 1. An electronic notary shall keep, maintain, protect, and provide for lawful inspection a chronological journal of notarial acts that is a permanently bound book with numbered pages. 2. If a notary is registered as an electronic…

486.947. Journal recordings. — 1. For every electronic notarial act, the electronic notary shall record in the electronic journal at the time of notarization the following: (1) The date and time of day of the electronic notarial act; (2) The type of electronic notarial act; (3) T…

486.950. Additional requirements for electronic journal of electronic notarial acts and electronic notaries. — 1. 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 procedur…

486.955. Resignation, revocation, expiration, or death of electronic notary. — Upon resignation, revocation, or expiration of a notary commission, or death of the electronic notary: (1) The journal and notarial records shall be delivered to the secretary in accordance with sectio…

486.960. Fees. — 1. For performing an electronic notarial act, an electronic notary public may charge the maximum fee specified in this section, charge less than the maximum fee, or waive the fee. 2. The maximum fees that may be charged by an electronic notary public for performi…

486.965. Fees, payment of prior to performance — nonrefundable, when. — 1. An electronic notary public may require payment of any fees specified in section 486.960 prior to performance of an electronic notarial act. 2. Any fees paid to an electronic notary prior to performance of…

486.970. Notarized electronic documents transmitted to other states or nations — certificate of authority form. — 1. On a notarized electronic document transmitted to another state or nation, electronic evidence of the authenticity of the seal of an electronic notary public of th…

486.975. Fee for electronic certificate of authority. — For issuing an electronic certificate of authority for an electronic notarial act, including an electronic form of the apostille set forth in subsection 3 of section 486.770, the secretary may charge a maximum of ten dollars…

486.980. Electronic notary's e-mail address change, other changes, requirements. — 1. 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 register…

486.985. Production of electronic signature or seal, compromise of, requirements. — 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, ha…

486.990. Termination of registration upon termination of commission as an electronic notary. — 1. Any revocation, resignation, expiration, or other termination of the commission of a notary public immediately terminates any existing registration as an electronic notary. 2. A nota…

486.995. Notary representative's duties upon termination of electronic notary commission. — 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 terminate…