Missouri Revised Statutes

Chapter 486
Commissioners of Deeds and Notaries Public

August 28, 2013




Appointment--powers generally.

486.100. 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 pleasure of the governor, and shall have authority to take relinquishments of dower of married women, the acknowledgment or proof of the execution of any deed or other conveyance, or lease of any lands lying in this state, or of any contract, letters of attorney, or of any other writing, under seal or note, to be used and recorded in this state; and such commissioners appointed for any foreign country shall also have authority to certify to the official character, signature or seal of any officer within their district, who is authorized to take acknowledgments or declarations under oath.

(RSMo 1939 13382)

Prior revisions: 1929 11760; 1919 2138; 1909 2701



Official oath.

486.110. 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 court of record in and of the state of Missouri, or before a judge or clerk of one of the courts of record of the district, territory, state or county in which said commissioner shall reside, well and faithfully to execute and perform all the duties of such commissioner, under and by virtue of the laws of the state of Missouri; which oath, and a description of his seal of office, if there be one, together with his signature thereto, shall be filed in the office of the secretary of state of this state within six months after the date of his appointment.

(RSMo 1939 13383)

Prior revisions: 1929 11761; 1919 2139; 1909 2702



Effect of authentication by commissioner.

486.120. 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 effect as if the same had been made before a judge or associate circuit judge, or any other officer authorized to perform the act in this state.

(RSMo 1939 13384, A.L. 1957 p. 351)

Prior revisions: 1929 11762; 1919 2140; 1909 2703



Additional powers--oaths--depositions.

486.130. 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 conformity to the laws thereof, either on interrogatories proposed under commission from a court of this state, or by consent of parties, or on legal notice given to the opposite party; and all such acts may be as valid as if done and certified according to law by an associate circuit judge in this state.

(RSMo 1939 13385)

Prior revisions: 1929 11763; 1919 2141; 1909 2704



Fees.

486.140. 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



Definitions.

486.200. As used in sections 486.200 to 486.405:

(1) "County" means any of the several counties of this state or the city of St. Louis;

(2) "County clerk" means any of the several county clerks of this state or the clerk of the circuit court in the city of St. Louis;

(3) "Facsimile" means an exact copy preserving all the written or printed marks of the original;

(4) "Notarization" means the performance of a notarial act;

(5) "Notary public" and "notary" means any person appointed and commissioned to perform notarial acts, including any attorney licensed to practice law in this state;

(6) "Official misconduct" means the wrongful exercise of a power or the wrongful performance of a duty. The term "wrongful" as used in the definition of official misconduct means unauthorized, unlawful, abusive, negligent, reckless, or injurious.

(L. 1977 H.B. 513 1, A.L. 2005 S.B. 420 & 344)



Notary public, how appointed.

486.205. Upon application, the secretary of state may appoint and commission individual persons as notaries public* in each of the several counties in this state. The secretary of state may not appoint and commission as a notary public any person who submits an application containing substantial and material misstatement or omission of fact.

(L. 1977 H.B. 513 2)

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*Words "notary publics" appear in original rolls.



Notary's authority to be statewide.

486.210. Each notary public may perform notarial acts anywhere within this state.

(L. 1977 H.B. 513 3)

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Term of office.

486.215. Each notary public may perform notarial acts for a term of four years from the date of his commission, unless sooner removed.

(L. 1977 H.B. 513 4)

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Qualifications for notary.

486.220. 1. Each person appointed and commissioned as a notary public shall, except as provided for in subsection 2 of this section:

(1) Be at least eighteen years of age;

(2) Be a registered voter of the county within and for which he is commissioned; or a resident alien of the United States;

(3) Have a residence address in the county within and for which he is commissioned;

(4) Be able to read and write the English language; and

(5) Not have had his commission revoked during the past ten years; or

(6) In lieu of the requirements contained in subdivisions (1) to (5) of this subsection, a person who is appointed and commissioned a notary public pursuant to subsection 2 of this section may be appointed and commissioned pursuant to this subsection upon becoming a resident of Missouri.

2. Any person who does not qualify under subsection 1 of this section may nonetheless be appointed and commissioned as a notary public provided that person:

(1) Is at least eighteen years of age;

(2) Works in Missouri and will use the notary seal in the course of his employment in Missouri;

(3) Has a work address in the county within and for which he is commissioned;

(4) Is able to read and write the English language;

(5) Has not had a notary commission revoked in any state during the past ten years; and

(6) Authorizes the secretary of state as the agent and representative of such person to accept service of any process or service of any notice or demand required or permitted by law to be served upon such person.

3. A notary public is not a public officer within the meaning of article VII of the Missouri Constitution.

(L. 1977 H.B. 513 5, A.L. 1988 S.B. 425, A.L. 1991 H.B. 570)



Application, form of, fee--renewal.

486.225. 1. Upon a form prepared by the secretary of state, each applicant for appointment and commission as a notary public shall swear, under penalty of perjury, that the answers to all questions on the application are true and complete to the best of the applicant's knowledge and that the applicant is qualified to be appointed and commissioned as a notary public. The completed application form shall be filed with the secretary of state.

2. With the person's application, each applicant for appointment and commission as a notary public shall submit to the secretary of state a commission fee of fifteen dollars.

3. Each applicant for appointment and commission as a notary public shall state in the application whether or not the applicant has ever been convicted of or pled guilty or nolo contendere to any felony, or to any misdemeanor incompatible with the duties of a notary public and if so, shall attach a list of such convictions or pleas of guilt or nolo contendere.

4. Each applicant for a renewal appointment and commission as a notary public may apply for such renewal appointment in a manner prescribed by the secretary of state.

5. The secretary of state may prohibit, for a period not less than thirty days and not more than one year, a new applicant or renewal from reapplying for an appointment and commission as a notary public following the rejection of such applicant's application by the secretary of state.

6. Prior to submitting an application to the secretary of state, each new applicant or renewal for appointment and commission as a notary public shall read the Missouri notary public handbook and complete a computer-based notary training or other notary training in a manner prescribed by the secretary of state. Each new applicant or renewal applicant shall attest to reading such handbook and receiving such training pursuant to this subsection at the time of submitting the application for appointment and commission as a notary public.

(L. 1977 H.B. 513 6, A.L. 1988 H.B. 1068, A.L. 1991 H.B. 570, A.L. 1997 S.B. 361, A.L. 2004 H.B. 1193)



Commission to be issued, when--contents.

486.230. Upon receipt of a completed application, proper endorsements and the correct fee, the secretary of state, if satisfied the applicant is qualified to be appointed and commissioned as a notary public, shall prepare a notary commission for the applicant and forward the commission to the county clerk in the county of the applicant's residence. Each commission shall contain the applicant's name, the county within and for which he is to be commissioned, the date upon which the commission takes effect and the date upon which it expires.

(L. 1977 H.B. 513 7)

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Bond required--oath, form of.

486.235. 1. During his or her term of office each notary public shall maintain a surety bond in the sum of ten thousand dollars with, as surety thereon, a company qualified to write surety bonds in this state. The bond shall be conditioned upon the faithful performance of all notarial acts in accordance with this chapter. Each notary public shall notify the secretary of state of changes on or riders to the bond.

2. Before receiving his or her commission, each applicant shall submit to the county clerk of the county within and for which he or she is to be commissioned, an executed bond commencing at least ninety days after the date he or she submitted the application to the secretary of state with a term of four years, which shall consist of the dates specified on the applicant's commission.

3. Before receiving his or her commission, each applicant shall take the following oath in the presence of the county clerk:

I, ........ (name of applicant), solemnly swear, under the penalty of perjury, that I have carefully read the notary law of this state, and if appointed and commissioned as a notary public, I will uphold the Constitution of the United States and of this state and will faithfully perform to the best of my ability all notarial acts in conformance with the law. ........................................(signature of applicant)

Subscribed and sworn to before me this ...... day of ........, 20....

.....................................(signature of county clerk)

4. Before receiving his or her commission, each applicant shall submit to the county clerk a handwritten specimen of the applicant's official signature which contains his or her surname and at least the initial of the applicant's first name.

5. Immediately after receiving the bond and official signature and witnessing the oath, the county clerk shall award to the applicant his or her commission as a notary public.

(L. 1977 H.B. 513 8, 9, A.L. 1981 H.B. 388, A.L. 2004 H.B. 1193)



Failure of applicant to appear and qualify, effect of.

486.240. If the person for whom a commission is issued fails to appear and qualify within ninety days after the commission is issued, the county clerk shall note the failure on the commission and return it within thirty days of such failure to the secretary of state. The secretary of state shall immediately cancel and annul the commission. The secretary of state may prohibit, for a period not less than thirty days and not more than one year, such person from reapplying for an appointment and commission as a notary public following the failure to appear and qualify within ninety days after the commission is issued.

(L. 1977 H.B. 513 10, A.L. 2004 H.B. 1193)



Register of notaries to be kept--bond, signature and oath to secretary of state.

486.245. The county clerk shall keep a register, listing the name and address of each person to whom he awards a notary commission and the date upon which he awards the commission. Within thirty days after receiving a bond, signature and oath, the county clerk shall forward the bond, signature and oath to the secretary of state by certified mail. All such bonds, signatures and oaths shall be preserved permanently by the secretary of state.

(L. 1977 H.B. 513 11)

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Powers of notary.

486.250. Each notary public is empowered to

(1) Take acknowledgments;

(2) Administer oaths and affirmations;

(3) Certify that a copy of a document is a true copy of another document; and

(4) Perform any other act permitted by law.

(L. 1977 H.B. 513 12)

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Notary disqualified, when.

486.255. 1. For the purposes of this chapter, a notary public has a disqualifying interest in a transaction in connection with which notarial services are requested if he is named, individually, as a party to the transaction.

2. No notary who has a disqualifying interest in a transaction may legally perform any notarial act in connection with the transaction.

(L. 1977 H.B. 513 13)

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Notary to keep journal--exceptions.

486.260. Each notary public shall provide and keep a permanently bound journal of his or her notarial acts containing numbered pages, except those notarial acts connected with judicial proceedings, and those for whose public record the law provides and the public record is publicly filed within ninety days of execution. Each notary public shall record in such journal the following: the month, day, and year of notarization; the type of notarization such as acknowledgment or jurat; the type of document; the name and address of the signer; the identification used by the signer; the notary fee; and the signature of the signer.

(L. 1977 H.B. 513 14, A.L. 2004 H.B. 1193)



Certified copy of notary record, when given, fee--journal to be kept.

486.265. Every notary shall keep a true and perfect record of his or her official acts in a permanently bound journal, except those connected with judicial proceedings, and those for whose public record the law provides and the public record as defined in section 610.010 is publicly filed within ninety days of execution. Every notary shall make and keep an exact minute, in a permanently bound journal kept by him or her for that purpose, of each of his or her official acts, except as herein provided. The journal is the exclusive property of the notary.

(L. 1977 H.B. 513 15, A.L. 2004 H.B. 1193)



Copies of notarial acts furnished on court order--fee.

486.270. Each notary public, upon written court order, shall furnish facsimiles of entries made in his journal of notarial acts or any other papers or copies relating to his notarial acts, upon receipt of a fee of one dollar per 8 1/2 x 11 inch page or part of a page.

(L. 1977 H.B. 513 16)

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Signature of notary required, when.

486.275. At the time of notarization a notary public shall sign his official signature on each notary certificate.

(L. 1977 H.B. 513 17)

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Printed information required on notary certificate.

486.280. On every notary certificate, a notary public shall indicate clearly and legibly, in print not smaller than eight-point type and by means of rubber stamp, typewriting or printing, so that it is capable of photographic reproduction:

(1) His or her name exactly as it appears on the commission;

(2) The words "Notary Public", "State of Missouri", and "My commission expires ..... (commission expiration date)";

(3) The name of the county within which he or she is commissioned; and

(4) A commission number, provided that the notary public has been issued a commission number by the secretary of state. Effective August 28, 2004, the secretary of state shall issue a commission number for all new and renewal notary appointments.

(L. 1977 H.B. 513 18, A.L. 2004 H.B. 1193)



Seal, contents, form--application--property of notary.

486.285. 1. Each notary public shall provide, keep, and use a seal which is either an engraved embosser seal or a black inked rubber stamp seal to be used on the document being notarized. The seal shall contain the notary's name exactly as indicated on the commission and the words "Notary Seal", "Notary Public", and "State of Missouri" and, after August 28, 2004, the commission number assigned by the secretary of state, provided that the notary public has been issued a commission number by the secretary of state, all of which shall be in print not smaller than eight-point type.

2. The indentations made by the seal embosser or printed by the black inked rubber stamp seal shall not be applied on the notarial certificate or document to be notarized in a manner that will render illegible or incapable of photographic reproduction any of the printed marks or writing on the certificate or document.

3. Every notary shall keep an official notarial seal that is the exclusive property of the notary and the seal may not be used by any other person or surrendered to an employer upon termination of employment.

(L. 1977 H.B. 513 19, A.L. 1991 H.B. 570, A.L. 2004 H.B. 1193)



Illegibility of certificate, effect of.

486.290. The illegibility of any of the information required by sections 486.280, 486.285 and 486.290 does not affect the validity of the transaction.

(L. 1977 H.B. 513 20)

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Change of address, notice of, effect of.

486.295. Any notary public who changes the address of his or her residence in the county within and for which he or she is commissioned shall forthwith mail or deliver within thirty days of such change a notice of the fact to the secretary of state including his or her old address and current address. The notary's commission shall remain in effect until its expiration date, unless sooner revoked.

(L. 1977 H.B. 513 21, A.L. 1981 H.B. 388, A.L. 2004 H.B. 1193)



Change of name by notary, notice to secretary of state, procedure, fee--signature, how signed.

486.300. Any notary public who lawfully changes his or her name shall forthwith request within thirty days of such change an amended commission from the secretary of state and shall send to the secretary of state five dollars, his or her current commission, and a notice of change form provided by the secretary of state, which shall include his or her new name and contain a specimen of his or her official signature. The secretary of state shall issue an amended commission to the notary public in his or her new name and shall notify the clerk of the county within and for which the notary is commissioned. After requesting an amended commission, the notary may continue to perform notarial acts in his or her former name, until he or she receives the amended commission.

(L. 1977 H.B. 513 22, A.L. 1981 H.B. 388, A.L. 2004 H.B. 1193)



Loss of seal or journal, notice to secretary of state.

486.305. Any notary public who loses or misplaces his journal of notarial acts or official seal shall forthwith mail or deliver notice of the fact to the secretary of state.

(L. 1977 H.B. 513 23)

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Resignation, how effective.

486.310. If any notary public no longer desires to be a notary public, he or she shall forthwith mail or deliver to the secretary of state a letter of resignation, and his or her commission shall thereupon cease to be in effect. If a notary public resigns following the receipt of a complaint by the secretary of state regarding the notary public's conduct, the secretary of state may deny any future applications by such person for appointment and commission as a notary public.

(L. 1977 H.B. 513 24, A.L. 2004 H.B. 1193)



Removal from county of residence, effect of--amended commission, when, procedure, fee.

486.315. If a notary public has ceased to have a residence address in the county within and for which he or she is commissioned, the commission shall thereupon cease to be in effect, unless the secretary of state issues an amended commission. When a notary public, who has established a residence address in a county of the state other than the county in which he or she was first commissioned, requests an amended commission within thirty days of changing the notary's county of residence, delivers his or her current commission, notice of change form, and five dollars to the secretary of state, the secretary of state shall issue an amended commission to the notary public, for the county in which his or her new residence is located and shall notify the county clerk of the county where the notary's new address is located. After requesting an amended commission within thirty days of changing the notary's county of residence, the notary may continue to perform notarial acts with certificates showing the county within and for which he or she is commissioned, until the notary receives his or her amended commission.

(L. 1977 H.B. 513 25, A.L. 1981 H.B. 388, A.L. 2004 H.B. 1193)



Notice of revocation of commission, compliance with.

486.320. If any notary public receives notice from the secretary of state that his commission has been revoked, the person whose commission is revoked shall forthwith mail or deliver to the secretary of state his commission.

(L. 1977 H.B. 513 26)

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Automatic reappointment prohibited.

486.325. 1. No person may be automatically reappointed as a notary public.

2. Each notary public who is an applicant for reappointment as a notary public shall recomply with the provisions of sections 486.225 and 486.235.

(L. 1977 H.B. 513 27)

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Form of acknowledgments.

486.330. Except as otherwise provided in section 442.210, certificates of acknowledgment shall be in print not smaller than eight-point type and in substantially the following form:

(1) By an Individual.

State of ........., County (and/or City) of ..........

On this .............. day of ............ in the year ............ before me, .............. (name of notary), a Notary Public in and for said state, personally appeared ......... (name of individual), known to me to be the person who executed the within ............ (type of document), and acknowledged to me that .......... (he/she) executed the same for the purposes therein stated.

(2) By a Partner.

State of ........., County (and/or City) of ..........

On this ........... day of ........... in the year .......... before me, ............ (name of notary), a Notary Public in and for said state, personally appeared ............... (name of partner) of ............ (name of partnership), known to me to be the person who executed the within ............. (type of document) in behalf of said partnership and acknowledged to me that he or she executed the same for the purposes therein stated.

.............. (official signature and official seal of notary)

(3) By a Corporate Officer.

State of ............, County (and/or City) of ............

On this ............ day of .......... in the year .......... before me, ............ (name of notary), a Notary Public in and for said state, personally appeared .......... (name of officer), .......... (title of person, president, vice president, etc.), ............ (name of corporation), known to me to be the person who executed the within ............ (type of document) in behalf of said corporation and acknowledged to me that he or she executed the same for the purposes therein stated.

.............. (official signature and official seal of notary)

(4) By an Attorney in Fact for Principal or Surety.

State of ............, County (and/or City) of ..............

On this .......... day of ..........., in the year ........... before me, ............ (name of notary), a Notary Public in and for said state, personally appeared .............. (name of attorney in fact), Attorney in Fact for ............ (name of principal or surety), known to me to be the person who executed the within ......... (type of document) in behalf of said principal (or surety), and acknowledged to me that he or she executed the same for the purposes therein stated.

.............. (official signature and official seal of notary)

(5) By a Public Officer, Deputy, Trustee, Administrator, Guardian or Executor.

State of ............, County (and/or City) of .............

On this .......... day of ..........., in the year .........., before me ............ (name of notary), a Notary Public in and for said state, personally appeared ........... (name of person), ........., (person's official title) known to me to be the person who executed the within ............. (type of document) in behalf of .............. (public corporation, agency, political subdivision or estate) and acknowledged to me that he or she executed the same for the purposes therein stated.

.............. (official signature and official seal of notary)

(6) By a United States Citizen Who is Outside of the United States. (description or location of place where acknowledgment is taken)

On this .......... day of .........., in the year ........, before me ............. (name and title of person acting as a notary and refer to law or authority granting power to act as a notary), personally appeared .......... (name of citizen) known to me to be the person who executed the within ........ (type of document) and acknowledged to me that ............ (he/she) executed the same for the purposes therein stated.

............. (official signature and official seal of person acting as a notary and refer to law or authority granting power to act as a notary)

(7) By An Individual Who Cannot Write His or Her Name.

State of ............, County (and/or City) of .............

On this ............ day of .......... in the year .........., before me ........... (name of notary), a Notary Public in and for said state, personally appeared ............ (name of individual), known to me to be the person who, being unable to write his or her name, made his or her mark in my presence. I signed his or her name at his or her request and in that person's presence on the within .......... (type of document) and he or she acknowledged to me that he or she made his or her mark on the same for the purposes therein stated.

.............. (official signature and official seal of notary)

(8) By a Manager or Member.

State of ............, County (and/or City) of .............

On this .......... day of .......... in the year .......... before me, ............ (name of notary), a Notary Public in and for said state, personally appeared .............. (name of manager or member) of .......... (name of limited liability company), known to me to be the person who executed the within .......... (type of document) in behalf of said limited liability company and acknowledged to me that he or she executed the same for the purposes therein stated.

.............. (official signature and official seal of notary)

(L. 1977 H.B. 513 28, A.L. 1997 H.B. 655 merged with S.B. 170, A.L. 2004 H.B. 1193)



Affirmations, form of.

486.335. Affirmations shall be in type not smaller than eight-point and in substantially the following form:

(1) If the affirmation to be administered by the notary public is in writing and the person who took the affirmation has signed his or her name thereto, the notary public shall write or print under the text of the affirmation the following:

"Subscribed and affirmed before me this ......... day of ..........., 20......."

.............. (official signature and official seal of notary)

(2) If the affirmation to be administered by the notary public is not in writing, the notary public shall address the affirmant substantially as follows:

"You do solemnly affirm, under the penalty of perjury, that the testimony you shall give in the matter in issue, pending between ........... and ..........., shall be the truth, the whole truth, and nothing but the truth.".

(L. 1977 H.B. 513 29, A.L. 2004 H.B. 1193)



Executing witness defined--form of affidavit of executing witness.

486.340. 1. As used in this section, the words "executing witness" means an individual who acts in the place of a notary.

2. An executing witness may not be related by blood or marriage or have a disqualifying interest as defined in section 486.255.

3. The affidavit of executing witness for acknowledgment by an individual who does not appear before a notary shall be in type not smaller than eight-point and in substantially the following form:

I, .............. (name of executing witness), do solemnly affirm under the penalty of perjury, that .......... (name of person who does not appear before a notary), personally known to me, has executed the within ............ (type of document) in my presence, and has acknowledged to me that ........... (he/she) executed the same for the purposes therein stated and requested that I sign my name on the within document as an executing witness.

......................... (signature of executing witness)

Subscribed and affirmed before me this .......... day of .........., 20.......

................ (official signature and official seal of notary)

(L. 1977 H.B. 513 30, A.L. 2004 H.B. 1193)



Facsimile may be certified--form of certification.

486.345. 1. A notary public may certify a facsimile of a document if he or she receives a signed written request stating that a certified copy or facsimile, preparation of a copy, or certification of a copy of the document does not violate any state or federal law.

2. Each notary public shall retain a facsimile of each document he or she has certified as a facsimile of another document, together with other papers or copies relating to his or her notarial acts.

3. The certification of a facsimile shall be in type not smaller than eight-point and in substantially the following form:

State of ............ County (and/or City) of .............

I, ........... (name of notary), a Notary Public in and for said state, do certify that on ........... (date) I carefully compared the attached facsimile of .............. (type of document) and the facsimile I now hold in my possession. They are complete, full, true and exact facsimiles of the document they purport to reproduce.

.............. (official signature and official seal of notary)

(L. 1977 H.B. 513 31, A.L. 2004 H.B. 1193)



Maximum fees--overcharges or charge for absentee ballots, effect of--travel fee charged, when.

486.350. 1. The maximum fee in this state for notarization of each signature and the proper recording thereof in the journal of notarial acts is two dollars for each signature notarized.

2. The maximum fee in this state for certification of a facsimile of a document, and the proper recordation thereof in the journal of notarial acts is two dollars for each 8 1/2 x 11 inch page retained in the notary's file.

3. The maximum fee in this state is one dollar for any other notarial act performed.

4. No notary shall charge or collect a fee for notarizing the signature on any absentee ballot or absentee voter registration.

5. A notary public who charges more than the maximum fee specified or who charges or collects a fee for notarizing the signature on any absentee ballot or absentee voter registration is guilty of official misconduct.

6. A notary public may charge a travel fee, not to exceed the approved federal mileage rate and may charge an expedited convenience service fee not to exceed twenty-five dollars, when traveling to perform a notarial act, provided that:

(1) The notary explains to the person requesting the notarial act that the travel fee is separate from the notarial fee and is not specified or mandated by law; and

(2) The notary and the person requesting the notarial act agree upon his or her fees in advance of the notary affixing his or her official seal.

(L. 1977 H.B. 513 32, A.L. 2004 H.B. 1193)

(2008) Failure of notary publics to record notarial acts in notary journal precludes collection of notary charges. Finnegan v. Old Republic Title Co., 246 S.W.3d 928 (Mo.banc).



Liable in damages, when.

486.355. A notary public and the surety or sureties on his bond are liable to the persons involved for all damages proximately caused by the notary's official misconduct.

(L. 1977 H.B. 513 33)

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Employer of a notary public liable, when.

486.360. The employer of a notary public is also liable to the persons involved for all damages proximately caused by the notary's official misconduct, if:

(1) The notary public was acting within the scope of his employment at the time he engaged in the official misconduct; and

(2) The employer consented to the notary public's official misconduct.

(L. 1977 H.B. 513 34)

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Sole cause not necessary to establish notary's liability.

486.365. It is not essential to a recovery of damages that a notary's official misconduct be the only proximate cause of the damages.

(L. 1977 H.B. 513 35)

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Penalty for notary's misconduct.

486.370. 1. A notary public who knowingly and willfully commits any official misconduct is guilty of a misdemeanor and is punishable upon conviction by a fine not exceeding five hundred dollars or by imprisonment for not more than six months or both.

2. A notary public who recklessly or negligently commits any official misconduct is guilty of a misdemeanor and is punishable upon conviction by a fine not exceeding one hundred dollars.

(L. 1977 H.B. 513 36)

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Impersonation of a notary, penalty for.

486.375. Any person who acts as, or otherwise willfully impersonates, a notary public while not lawfully appointed and commissioned to perform notarial acts is guilty of a misdemeanor and punishable upon conviction by a fine not exceeding five hundred dollars or by imprisonment for not more than six months or both.

(L. 1977 H.B. 513 37)

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Unlawful possession of notary seal, journal or papers a misdemeanor, penalty.

486.380. Any person who unlawfully possesses a notary's journal, official seal or any papers or copies relating to notarial acts, is guilty of a misdemeanor and is punishable upon conviction by a fine not exceeding five hundred dollars.

(L. 1977 H.B. 513 38)

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Grounds for revocation of commission.

486.385. 1. The secretary of state may reject an application or revoke the commission of any notary public who prior to being commissioned or during the current term of appointment:

(1) Submits an application for commission and appointment as a notary public which contains substantial and material misstatement of facts;

(2) Is convicted of any felony or official misconduct under this chapter;

(3) Fails to exercise the powers or perform the duties of a notary public in accordance with this chapter, or fails otherwise to comply with the provisions of this chapter;

(4) Is adjudged liable or agrees in a settlement to pay damages in any suit grounded in fraud, misrepresentation, impersonation, or violation of the state regulatory laws of this state, if his or her liability is not solely by virtue of his or her agency or employment relationship with another who engaged in the act for which the suit was brought;

(5) Uses false or misleading advertising wherein he or she represents or implies, by virtue of the title of notary public, that he or she has qualifications, powers, duties, rights, or privileges that he or she does not possess by law;

(6) Engages in the unauthorized practice of law;

(7) Ceases to be a citizen of the United States;

(8) Ceases to be a registered voter of the county within and for which he or she is commissioned;

(9) Ceases to have a residence address in the county within and for which he or she is commissioned, unless he or she has been issued an amended commission;

(10) Becomes incapable of reading or writing the English language;

(11) Fails to maintain the surety bond required by section 486.235.

2. A notary's commission may be revoked under the provisions of this section if action is taken subject to the rights of the notary public to notice, hearing, adjudication and appeal. The secretary of state shall have further power and authority as is reasonably necessary to enable the secretary of state to administer this chapter efficiently and to perform the duties therein imposed upon the secretary of state, including immediate suspension of a notary 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 public shall be entitled to hearing and adjudication as soon thereafter as is practicable.

(L. 1977 H.B. 513 39, A.L. 1981 H.B. 388, A.L. 2004 H.B. 1193)



Unauthorized practice of law by notary, remedy for.

486.390. 1. Upon his own information or upon complaint of any person, the attorney general, or his designee, may maintain an action for injunctive relief in the circuit court of Cole County against any notary public who renders, offers to render, or holds himself out as rendering any service constituting the unauthorized practice of the law. Any organized bar association in this state may intervene in the action, at any stage of the proceeding, for good cause shown. The action may also be maintained by an organized bar association in this state.

2. The remedies provided in subsection 1 of this section are in addition to, and not in substitution for, other available remedies.

(L. 1977 H.B. 513 40)

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Certification of notary's authority by the secretary of state, fee, form.

486.395. Upon the receipt of a written request, the notarized document and a fee of ten dollars payable to the director of revenue, the secretary of state shall provide a certificate of authority in type not smaller than eight point and in substantially the following form:

I, ............. (appointing state official, or local or district office designated by appointing state official, name and title) of the State of (name of state) which office is an office of record having a seal, certify that .......... (notary's name), by whom the foregoing or annexed document was notarized, was, at the time of the notarization of the same, a Notary Public authorized by the laws of this State to act in this State and to notarize the within .......... (type of document), and I further certify that the Notary's signature on the document is genuine to the best of my knowledge, information, and belief and that such notarization was executed in accordance with the laws of this State.

In testimony whereof, I have affixed my signature and seal of this office this .......... day of ........., 20......

........................................... (secretary of state's signature, title, jurisdiction, address and the seal affixed near the signature)

(L. 1977 H.B. 513 41, A.L. 1988 H.B. 1068, A.L. 2004 H.B. 1193)



Notary seal stolen, procedure.

486.396. If the notary's notary seal has been stolen, the notary shall immediately notify the secretary of state in writing to report the theft. Upon receipt of the written documentation, the secretary of state shall issue the notary a new commission number for the notary to order a new seal. The secretary of state may post notice on the secretary of state's website notifying the general public that the notary seal of such notary with the stolen commission number is invalid and is not an acceptable notary commission number.

(L. 2004 H.B. 1193)



Term of notary not to be diminished, exception.

486.405. Nothing in sections 486.200 to 486.405 shall be construed in any way as interfering with or discontinuing the term of office of any person now serving as a notary public until the term for which he was commissioned has expired, or until he has been removed pursuant to the provisions of sections 486.200 to 486.405.

(L. 1977 H.B. 513 43)

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