Do you check your state's notary public resources on a frequent basis to ensure that you're notarizing in accordance with the laws and administrative rules that govern you?
Tell the truth... do you check your state's notary public resources on a frequent basis to ensure that you're notarizing in accordance with the laws and administrative rules that govern you?
As a commissioned notary, you are solely responsible for obtaining and maintaining this all-important knowledge. Sweeping notary law updates have occurred across the U.S. in recent years, and 2021’s legislative season could bring even more change. If you don’t review your state’s notary laws and rules on at least an annual basis, it’s time to make that a non-negotiable practice.
For example, did you know a Missouri notary may not record a social security number or credit card number (for any reason) in the notary’s journal/record book… nor may a Missouri notary certify (authenticate) a photograph. Did you know a Missouri notary must wait to perform a notarial act after changing his or her/their regular place of work or business address, until notice of the change has been provided to the Secretary of State, and the Secretary’s confirmation of the change has been received by the notary, and the notary’s surety bond provider has been informed in writing?
Even if you have a good grasp of current notary laws and rules, they are all subject to change. That’s why you must regularly review them. So let’s get started!
First, identify and access your state’s applicable laws and administrative rules... a notary’s “True North.”
Missouri notary law is contained in these chapters of Missouri’s Revised Statutes:
- Title XXVIII, Chapter 432 (see RSMo §432.250 Notarization and Acknowledgment)
- Title XXIX, Chapter 442, Titles and Conveyance of Real Estate (see RSMo §442.150 through §442.360)
- Title XXXII, Chapter 486, Commissioners of Deeds and Notaries Public (includes Remote Online Notarial Acts)
Missouri notaries are also governed by administrative rules of the Secretary of State:
- Code of State Regulations, Title 15, Division 30
Chapter 100, Notary Commissions
Chapter 110, Notary Use of Electronic Signatures and Seals
Your responsibility to know applicable notary laws and administrative rules is significant, and it’s ongoing. Your notary laws and administrative rules are indeed your “True North,” and it’s never too soon—or too late—to begin regularly reviewing them for the requirements and guidance you need to perform informed and compliant notarial acts.