Missouri Adopts Notary Provisions
Missouri has adopted final provisions regarding electronic notary definitions and electronic signatures and seals. These provisions are effective as of June 30, 2017.
Electronic Notary Definitions
Adopted provision 15 CSR 30-110.010 provides useful definitions of eight terms including “capable of independent verification,” “electronic seal,” “electronic notarial certificate,” and “record.” The purpose of this provision is to clarify statutory section 486.275.2, which offers little guidance to notaries seeking to use electronic signatures and seals. The statute states that “if a signature or record is required to be notarized, acknowledged, verified, or made under oath,” then this requirement is satisfied if the notary’s electronic signature “is attached to or logically associated with the signature or record.”
Electronic Signatures and Seals
Adopted provision 15 CSR 30-110.020 provides additional guidelines for notaries using electronic signatures and seals. It states that 1) notaries must adhere to all applicable state laws that apply to notaries public when using electronic signatures and seals, 2) the principle must personally appear before the notary public when a notarial act requires an electronic record to be signed, 3) a notary must keep in his or her sole control any system used to produce his or her electronic signature and seal, 4) the electronic signature and seal must contain the notary’s name and all other elements exactly as they appear on the notary’s commission, 5) when a notary uses an electronic signature or seal, he or she must complete an electronic notarial certificate to be attached or logically associate with the electronic signature or seal, and 6) the secretary of state must publish on its website the names of duly commissioned notaries and their commission numbers.
Elizabeth Dailey, JD, is a Regulatory Compliance Director with CLA. She is a graduate of the University of New Hampshire and earned her juris doctor at New England Law. She is admitted to the Massachusetts Bar.
Comments are closed.