Missouri Revises Statutes Regarding Notaries
Missouri Senate Bill No. 932 repeals certain sections of statutes related to notary publics and replaces them with new sections. Sections 370.230, 486.245, 486.275, 486.285, 486.305, 486.310, and 486.375, RSMo, are repealed and eight new sections enacted in lieu thereof, to be known as sections 370.230, 375.971, 486.245, 486.275, 486.285, 486.305, 486.310, and 486.375. Below I will breakdown some of the most interesting new sections.
Section 486.245
This section requires the county clerk to keep a register of each notary they award a commission to. The notary name and address information should be kept for the register. Within 30 days of receipt, the county clerk must provide the secretary of state, by certified mail, the notaries bond, signature, and oath. These items will be preserved permanently by the secretary of state and the notary database must maintain information contained on each notary’s seal.
Section 486.275
At the time of notarization, a notary public shall sign their official signature on each notary certificate. A notarized signature or record is satisfied as notarized if the signature or record is accompanied by the electronic signature of the notary along with all other information required. The secretary of state shall promulgate rules to implement the provisions of this section.
Section 486.285
Those that manufacture the seals for notary publics in Missouri must register with the secretary of state and communicate to the secretary of state any time it issues a seal to someone in the state. That seal is then approved by the secretary of state within 10 days. The manufacturer must maintain a copy of the notary’s commission. A manufacturer who violates this section is subject to a $1,000 fine for each violation.
Every notary must keep an official notarial seal that is their exclusive property and the seal may not be used by any other person or surrendered to an employer upon termination of employment.
Section 486.305
When a notary public loses their journal of notarial acts or official seal they must immediately provide written notice to the secretary of state. When the seal is lost the secretary of state will provide the notary with a new commission number so a new seal may be ordered by the notary. The secretary of state website must also notify the general public of the lost seal. If the official seal is destroyed, broken, damaged, or inoperable, the notary will immediately provide written notice to the secretary of state.
Section 486.310
When a notary public no longer wants to be a notary public they must deliver to the secretary of state a letter of resignation and his or her notary seal. The secretary of state website will then post a notice alerting the general public that the notary is no longer a commissioned notary public.
These provisions are effective on August 28, 2016. The full text of Missouri Senate Bill No. 932 can be found here.
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