Title XXXII — COURTS

486.100. Appointment — powers generally. — 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 plea…

486.1000. Improper performance of electronic notarial acts — liabilities, sanctions, and remedies. — The liability, sanctions, and remedies for the improper performance of electronic notarial acts by an electronic notary public are the same as described and provided in section 48…

486.1005. Secretary to terminate electronic notary's registration, when — procedure. — 1. The secretary shall terminate an electronic notary public's registration for any of the following reasons: (1) Submission of an electronic registration form containing a material misstatemen…

486.1010. Impersonating or improperly influencing an electronic notary, penalties. — The criminal penalties for impersonating an electronic notary public and for soliciting, coercing, or improperly influencing an electronic notary to commit official misconduct in performing notar…

486.110. Official oath. — 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…

486.1100. Definitions. — As used in sections 486.1100 to 486.1205, the following terms and phrases mean: (1) "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…

486.1105. Controlling law. — Sections 486.1100 to 486.1205 supplement the provisions of sections 486.600 to 486.820 and sections 486.900 to 486.1010 for remote online notarial acts. To the extent sections 486.600 to 486.820 and 486.900 to 486.1010 are inconsistent with sections 4…

486.1110. Rulemaking authority. — The secretary of state is authorized to adopt rules necessary to implement sections 486.1100 to 486.1205, including rules to facilitate remote online notarizations, subject to the limitations in section 486.830. ­­-------- (L. 2020 H.B. 1655)

486.1115. Standards for remote online notarization, secretary's duties. — 1. The secretary of state by rule shall develop and maintain standards for remote online notarization in accordance with sections 486.1100 to 486.1205, including, but not limited to, standards for credentia…

486.1120. Notary commission and registration required. — 1. Prior to performing remote online notarial acts, a person shall apply to be a commissioned notary for the state of Missouri. 2. A remote online notary shall register the capability to perform remote online notarial acts …

486.1125. Course of instruction required, content. — 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 nota…

486.1130. Registration form, contents — denial of registration, when — confidentiality of information. — 1. To register the capability to perform remote online notarial acts, a notary shall electronically sign and submit to the secretary an electronic form prescribed by the secre…

486.1135. 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. ­­-------- (L.…

486.1140. Permissible remote online notarial acts. — The following remote online notarial acts may be performed using communication technology in accordance with sections 486.1100 to 486.1205, and by no other method: (1) Acknowledgment; and (2) Jurat. ­­-------- (L. 2020 H.B. 165…

486.1145. Audio-video communication, use of, 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 not…

486.1150. Principal requirements for remote online notarization. — A remote online notary shall perform a remote online notarization only if the principal: (1) Is in the presence of the notary utilizing live audio-video conferencing technology at the time of notarization; (2) Is …

486.1155. Remote online notary required to be physically located within this state for performance of remote online notarial acts. — 1. A remote online notary public shall perform a remote online notarization authorized in sections 486.1100 to 486.1205 only while the remote onlin…

486.1160. Additional transaction fee. — In addition to the other fees allowed by section 486.960, a remote online notary may charge a remote online notary transaction fee if the notary and the principal agree upon the fee in advance of the notarial act being performed and the not…

486.1165. Remote online notarial certificate, contents, wording. — 1. In performing a remote online notarial act, the remote online notary shall properly complete a remote online notarial certificate. 2. A proper remote online notarial certificate shall contain: (1) Completed wor…

486.1170. Registered electronic signature, seal, or single element required, when — employer restrictions — limitations on use of registered signature and seal. — 1. In notarizing an electronic document, the remote online notary shall attach to, or logically associate with, the r…

486.1175. Jurat certificate form — signature form. — 1. A remote online 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: ­ ­ 2. A remote online notary shall u…

486.1180. Electronic journals. — 1. If a notary is registered as a remote online notary: (1) The notary shall keep an electronic journal of remote online notarial acts as described in section 486.1190; and (2) The notary shall also keep a record of remote online notarial acts in …

486.1185. Electronic journal recording requirements. — 1. For every remote online notarial act, the remote online notary shall record in the electronic journal at the time of notarization the following: (1) The date and time of day of the remote online notarial act; (2) The type …

486.1190. Additional requirements for electronic journal of remote online notarial acts and remote online notaries. — 1. An electronic journal of remote online notarial acts shall: (1) Allow journal entries to be made, viewed, printed, and copied only after access is obtained by …

486.1195. Audio and video recording of performance of notarial acts, when, requirements. — 1. The remote online notary public shall create an audio and video recording of the performance of the notarial act. 2. The recording required by this section shall be maintained for at lea…

486.120. Effect of authentication by commissioner. — 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 effe…

486.1200. Safeguarding electronic documents, signature, and seal. — 1. A remote online notary public shall keep the remote online notary public's electronic document, electronic signature, and electronic seal secure and under the remote online notary public's exclusive control, w…

486.1205. Remote online notary — resignation, revocation, expiration, or death — procedure. — 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 acco…

486.130. Additional powers — oaths — depositions. — 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…

486.140. Fees. — 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

486.600. Definitions. — As used in this chapter, the following terms and phrases mean: (1) "Acknowledgment", 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…

486.605. Notary commission issued, qualifications — denial of application, when, appeal — rulemaking authority. — 1. Except as otherwise provided in subsection 3 of this section, the secretary shall issue a notary commission to any person who is qualified under subsection 2 of th…

486.610. Notary, term of commission — grandfather provision. — 1. A person commissioned as a notary may perform notarial acts in any part of this state, and only in this state, for a term of four years, unless the commission is earlier revoked under section 486.810 or resigned un…

486.615. Commission effective, when, bond amount — surety duties — suspension of commission, when. — 1. 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 ha…

486.620. Secretary to prepare notary commission, duties — register of notaries. — 1. The secretary shall prepare a notary commission and forward the commission to the county clerk in the county of the applicant's residence or regular place of work or business. 2. Upon issuing a n…

486.625. Application, procedure. — 1. Every application for a notary commission shall be made in a paper or electronic format established by the secretary and shall include all information required by section 486.630 and any other information as the secretary may deem appropriate…

486.630. Application, contents — declaration — application fee. — 1. The application for a notary commission shall state or include, at least: (1) The applicant's date of birth; (2) The applicant's residence address and telephone number; (3) The applicant's regular place of work …

486.635. Application records, limitations on disclosure. — 1. Records containing the information required by subdivision (7) of subsection 1 of section 486.630 shall be used by the secretary and his or her designated employees only for the purpose of performing official duties pr…

486.640. Notarial acts authorized to be performed by notary. — A notary may perform the following notarial acts: (1) Acknowledgments; (2) Oaths and affirmations; (3) Jurats; (4) Signature witnessings; (5) Copy certifications; and (6) Any other act authorized by the laws of Missou…

486.645. Limitation on notarial acts, principal requirements — disqualification of notary, when — nonnotarial fee permitted, when. — 1. A notary shall perform a notarial act only if the principal: (1) Is in the presence of the notary at the time of notarization; (2) Is personally…

486.650. Refusal to perform notarial act prohibited, when — exceptions. — 1. A notary shall not refuse to perform a notarial act based on the characteristics protected from employment discrimination pursuant to section 213.055. 2. A notary shall perform any notarial act described…

486.655. Notary not to influence person on transaction — notary not to investigate document or transaction. — 1. Except as otherwise provided in subsection 2 of section 486.650, a notary shall not influence a person either to enter into or avoid a transaction involving a notarial…

486.660. Prohibited acts. — A notary shall not: (1) Execute a notarial certificate containing information known or believed by the notary to be false; (2) Affix an official signature or seal on a notarial certificate that is incomplete; (3) Affix an official signature or seal on …

486.665. Signatures and photographs, prohibited acts. — 1. A notary shall not notarize a signature: (1) On a blank or incomplete document; or (2) On a document without notarial certificate wording. 2. A notary shall neither certify nor authenticate a photograph. ­­-------- (L. 20…

486.670. Intent to deceive or defraud prohibited — prohibited uses of title or seal. — 1. A notary shall not perform any notarial act with the intent to deceive or defraud. 2. A notary shall not use the official notary title or seal to endorse, promote, denounce, or oppose any pr…

486.675. Nonattorney notaries, prohibited acts. — 1. 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. 2. Subsection 1 of this section shall not preclude a notar…

486.680. Limitation on notary making any claim not authorized — nonattorney notaries, services not in English, notice required — prohibited non-English terms. — 1. A notary shall not claim to have powers, qualifications, rights, or privileges that are not provided under this chap…

486.685. Fees. — 1. For performing a notarial act, a notary 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 a notary for performing notarial acts are: (1) For an acknowledgment, f…

486.690. Fees, payment prior to services — nonrefundable, when. — 1. A notary may require payment of any fees specified in section 486.685 prior to performance of a notarial act. 2. Any fees paid to a notary prior to performance of a notarial act shall be nonrefundable if: (1) Th…

486.695. Notary's employer may prohibit charging of fees, when. — 1. An employer may prohibit an employee who is a notary from charging for notarial acts performed on the employer's time, but shall not discriminate in the charging of fees based on the characteristics of the princ…