Resigning Your Notary in One State Do You Have to Take the Test Again in Another State
Missouri Notary Public Handbook
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General information
Topics
- Awarding and Engagement
- Qualifying at the County Clerk's Role
- Term of Part
- Notary Public Bond
- Embosser Seal and Safe Stamp
- Periodical
- Reapplying
- Fees
- Amended Commissions (Proper name change, canton change, address change)
- Non-resident Notary Change of Employment in Same or Different County
- Resignation of a Notary Commission
- Official Misconduct
- Applicable Law
- Possible Disqualification
- Executing Witness
- Fees Immune for Swearing in Notaries
- Court Reporters Qualified to Give Oaths
- Other Notary Information
- Proper Notarization
General Information
To qualify for a notary commission equally a Missouri resident, an applicant
must meet certain legal qualifications:
- Be at to the lowest degree 18 years of historic period;
- Be a registered voter of the canton within and for which the applicant is to be commissioned, or a resident alien of the U.s.a.;
- Apply for the county in which they legally reside and exist commissioned for this aforementioned county;
- Exist able to read and write the English language; and
- Must non accept had a commission revoked during the past 10 years.
A not-resident of Missouri may apply for a commission as a notary public. A not-resident must besides run into certain legal requirements in gild to authorize:
- Be at least 18 years of age;
- Employed in Missouri and use the notary seal in the form of their employment only;
- Have an employee address in the canton for which they are commissioned;
- Be able to read and write the English language linguistic communication;
- Must non have had a commission revoked in whatsoever state during the past 10 years; and
- Must authorize the secretary of land equally their agent and representative to have service of whatever process or service of any discover or demand required or permitted by law to be served upon them.
Equally either a resident or non-resident applicant, the applicant must also indicate on their application whether or not they have 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 listing of such convictions or pleas of guilt or nolo contendere.
Whatever person is eligible to apply for a committee as a notary public if they are a permanent resident conflicting under Section 245 of the Clearing and Nationality Deed. If the applicant qualifies under Department 245, they must send a copy of their "green bill of fare" with a completed application to our role.
If the notary is presently commissioned as a non-resident notary public and they motion into Missouri, the notary may immediately be appointed and deputed as a notary upon becoming a resident. The notary will need to render their nonresident notary document with a asking to cancel that committee, along with a completed reapplication every bit a resident and the $25 fee for issuing another committee.
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Application and Appointment
An application for a commission as a notary public can be downloaded from our website at s1.sos.mo.gov/business concern/commissions. Additional applications may exist obtained by calling (866) 223-6535 (cost complimentary) or (573) 751-2783, or past writing: Secretarial assistant of State, Commissions, PO Box 784, Jefferson City, MO 65102-0784.
Applications may also exist obtained from the secretarial assistant of country co-operative offices located at: 815 Olive St., Suite 210, St. Louis, MO 63101; 615 E. 13th St., Ste. 513, Kansas City, MO 64106; and 149 Park Cardinal, Rm. 624, Springfield, MO 65806.
The application and re-application forms prescribed by the secretary of land must be used.
As provided past law, a $25 fee must be paid to receive a notary commission. Encounter Sections 28.160.3 and 486.225.iii, RSMo. All checks should be made payable to the State Director of Revenue.
Prior to submitting an application to the secretary of land, each new applicant or reapplication for appointment shall read the Missouri notary public handbook and complete a calculator-based training or other notary grooming in a style prescribed by the secretarial assistant of state. Each new applicant or reapplication shall attest to reading such handbook and receiving such training at the time of submitting the awarding for appointment and commission as a notary public.
Instructions for completing the application are provided with the application. The application MUST be typed. All data requested on the form must be completed earlier the application volition exist approved. If we have
to return the application to verify data, or to request that bare spaces be completed on the form, at that place volition exist a filibuster in issuing the commission. Any changes or information which is completed after the original receipt of the awarding by our function must exist initialed. Applications which appear to accept been tampered with are not accepted. The secretarial assistant of state may prohibit, for a period not less than 30 days and not more than one yr, an applicant from reapplying for an appointment and committee
as a notary public following the rejection of such bidder'southward awarding by the secretary of state.
The information requested on the application determines whether the applicant is qualified to receive a commission equally a notary public. All information requested must be completed.
At the top of the application, the bidder must fill up in their exact name as they want it to appear on their commission. Complete the adjuration at the lesser of the awarding and sign the application with the exact complete name as is indicated at the tiptop of the awarding. This determines the applicant's exact official name every bit a notary public besides as their official signature. Initials may be used for first and center names. A notary is required past law to use their exact official name and signature for all notarizations.
The bidder must request that our role issue their notary public committee for the canton in which they reside. Please indicate this information on the awarding in the space labeled "Canton of Residence." If the applicant resides in St. Louis City, they must indicate "St. Louis City" in this space. A notary may use their notary committee in any county in Missouri or St. Louis Urban center.
Non-resident applicants applying for a Missouri notary public commission must signal the proper name of their employer and the Missouri county or St. Louis Metropolis where the employer is located and where the applicant reports for work.
A commission as a notary public for the Land of Missouri is valid only in Missouri.
After our staff has canonical the application, the applicant's committee will be issued and mailed to the appropriate office in the canton where they reside. We are required by law to forrad all completed commissions to the appropriate county role.
The same 24-hour interval the commission is issued, nosotros volition mail a letter to the applicant advising that their commission has been issued and mailed to the appropriate county authorisation. The letter of the alphabet contains the address where the bidder is to exist sworn in, their commission number and the dates the committee begins and expires.
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Qualifying at the County Clerk's Office
The law allows upward to xc days from the date the committee is issued for the applicant to qualify. Failure to authorize inside 90 days volition issue in the commission beingness cancelled. To encounter the qualifications provided by police force, the applicant must appear in person and present a $10,000 surety bond to insure their four-year term as a notary public. The clerk or deputy volition administer the oath of office, subsequently which the applicant must submit a handwritten specimen of their official signature on the adjuration of office. This signature MUST match the exact name typed on their commission document. The clerk will staple the bond to the oath of office and official signature filing and mail them to our function. The clerk or deputy will and so nowadays the notary with their commission certificate.
The commission certificate will comprise the notary's exact official proper noun as a notary public, the commission number, the commission commencement and expiration dates and the date the committee was issued by our office. The notary should go on the commission in a safe place throughout their term every bit a notary public.
The secretarial assistant of state may prohibit, for a period non less than 30 days and not more than one year, such person from reapplying for an appointment and commission equally a notary public post-obit the failure to appear and qualify within 90 days after the committee is issued.
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Term of Office
All commissions as a notary public are issued for a four-year term of office. This term is gear up past law.
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Notary Public Bond
The $10,000 notary bond may be purchased from a personal insurance agent, a bank or from a bonding company. The notary bond is carve up from whatsoever other bond coverage the notary might presently have and is required in improver to other bond coverage. The bail should be executed by the insurance visitor within 90 days later the application is submitted to our office. The bail must exist written for a term of four years, roofing the same dates equally the term of office.
An errors and omissions policy does not supersede a bond. An errors and omissions policy is not required by law, merely may be purchased as it protects the notary public and pays for any charges the notary might owe for legal fees and costs should the notary be sued.
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Embosser Seal and Prophylactic Postage
Missouri police requires every notary to use either an engraved embosser seal or a black inked condom stamp seal on every notary certificate. The impress on the embosser or postage stamp must be in type non smaller than eight point blazon. The print on the engraved embosser seal should resemble the first example in the box below and must contain the same information. To be legally recognized, the engraved embosser seal or the blackness inked rubber stamp seal must contain:
- The notary's exact name as it appears on their commission document;
- The assigned commission number; and
- Three phrases: "Notary Seal," "Notary Public," "State of Missouri."
The notary must also type, impress or have a rubber postage in print not smaller that eight-signal blazon with sure information on every completed notary document: their exact name every bit it appears on their commission, "Notary Public," "State of Missouri," their expiration date and the county for which they are deputed. The notary may apply a black inked rubber postage stamp ONLY if the seal contains the information in #i, #2 and #3 to a higher place, also every bit the county for which they are commissioned and the expiration appointment of that commission. Examples of notary seals accepted in the country of Missouri are shown in the box beneath. The Keen Seal of the State of Missouri can not be used on the notary stamp.
The notary seal is the exclusive holding of the notary and the seal may not be used by any other person or surrendered to an employer upon termination of employment.
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Journal
The notary is required to keep a permanently bound journal of their notary acts. Each notary public shall keep a permanently bound journal of his or her notarial acts containing numbered pages, except those notarial acts continued with judicial proceedings, and those for whose public record is publicly filed inside ninety days of execution. Each notary public shall record in such journal the following: the month, day and twelvemonth 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.
The journal can exist purchased from a local office supply store or may be supplied to the notary by a notary company or association.
The notary journal is the exclusive property of the notary.
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Re-applications
All commissions as a notary public are issued for a term of four years. There are no provisions in the law for renewals. If the notary wishes to again get commissioned as a notary public they will need to submit a notary re-application to our function no before than one month before their current expiration date. No person is automatically reappointed as a notary public. The notary is responsible for obtaining the $10,000 notary bond for their new term of office. The notary must follow all of the aforementioned procedures every bit though they take never held a notary committee before.
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Fees
A notary public is allowed to charge fees for notarizing documents. Section 486.350, RSMo, allows a notary to charge 2 dollars for each signature on a document and the proper recording of the notarization in their journal. The maximum fee for any other notarial act is i dollar.
A notary may charge ii dollars for each 8 i/2 x eleven inch folio they certify as a facsimile of an original document. The certification of a facsimile must besides exist recorded in the notary journal. The notary must also retain a copy of each page in their notary file.
A notary public may charge a travel fee, not to exceed the approved federal mileage rate and may charge an expedited convenience fee not to exceed $25, when traveling to perform a notarial act, provided that:
(one) 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 police; and
(2) The notary and the person requesting the notarial act hold upon his or her fees in advance of the notary affixing his or her official seal.
Notaries are not permitted to accuse a fee for notarizing the signature on whatsoever absentee ballot or absentee voter registration bill of fare.
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Amended Commissions (Name modify, county change, address alter)
An application for a request for an amended committee can exist obtained from our website ats1.sos.mo.gov/business/commissions.
Change of Name
To change the exact proper name on a notary commission, the notary is required to send the following documents to our function:
- Completed Change of Name amendment form;
- Check or money society for five dollars made payable to State Director of Revenue;
- Passenger from the bonding company indicating the name alter (if rider required); and
- The present commission document.
If a notary changes their legal proper noun during their term of office, an awarding for a name modify must be made within 30 days of the name alter.
The fee allowed past law for a proper noun modify is five dollars. Once we have received all of the necessary materials and processed the request for a name change, we will forward the amended committee direct to the notary at their residence address. We will notify the advisable county clerk of the name change. The notary must also take a new postage and/or embosser made for their seal with their new exact name as deputed.
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Change of County Residence
To change their county of residence, a notary is required to transport the following documents to our office:
- Completed Modify County of Residence amendment form;
- Check or money guild for five dollars made payable to State Managing director of Revenue;
- Present commission document.
If the notary changes their county of residence, they are required by law to employ for an amended commission for their new county of residence within thirty days of the county change. The notary must be a registered voter in their new canton before submitting the application. When we have received the proper documents and processed the request for an amended commission, we will forward the notary's amended commission document to their new residence address and notify the county clerk's part in the new county of residence. The notary will need to check with the entity that issued their bond every bit to whether they volition demand a rider. If a rider is needed, a copy of that rider must exist sent to our function. Such rider must indicate the proper name of the new county of residence. If the notary is using a rubber postage stamp, this must be changed to reflect the new county of residence.
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Change of Street Address
If a notary moves, and their street address changes while they are deputed as a notary public, the notary is required to file within 30 days an address modify with the Secretary of State. Please complete the Notary Change of Address in Same County subpoena form and send it to Commissions. You may obtain this form on our website at s1.sos.mo.gov/business/commissions.
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Non-resident Notary Change of Employment in the Same County or in a Different County
During a not-resident notary's committee, if there is a change of employer in the aforementioned county or the employer is in a different county, the notary is required to file within 30 days an employer change and county change if applicable with the secretary of state. Please complete the Modify Employer County amendment form or the Change of Employer Resident Notaries Non-Resident Notaries subpoena form and send it to Commissions. You may obtain the applicable form from our website at s1.sos.mo.gov/business/commissions.
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Stolen or Lost Notary Public Seals or Notary Periodical
If the notary's seal has been stolen, the notary shall immediately notify the secretarial assistant of state in writing to study the theft. Upon receipt of the written documentation, the secretary of country shall upshot the notary a new committee number for the notary to order a new seal. The secretary of country may mail notice on the Secretarial assistant of State'southward 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 committee number.
If the notary journal is lost or stolen, the notary is required by law to send a letter of the alphabet to the secretary of state. The letter will exist placed in the notary file, advising us of the date the journal was lost or stolen. The notary can then buy a new journal. The notary does non need to apply for a new commission. The appointment the seal or journal was lost or stolen should be noted in the notary records. The notary may too want to contact their local police department and run into if they crave a police report to be filed for stolen goods.
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Resignation of a Notary Committee
If a notary wishes to resign their committee, submit a letter of resignation forth with their committee certificate to the Role of Secretary of State. The notary is not required to state a reason for resigning.
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Official Misconduct
The law contains several sections relating to civil amercement and providing for criminal penalty. You may refer to the notary statutes for more than information. The notary statutes are located on our website at s1.sos.mo.gov/business/commissions. The law defines official misconduct, provides for civil damages to persons injured through a notary'southward misconduct, establishes employer's liability for such amercement and also provides such violations are punishable as misdemeanors by fines and imprisonment. Further, official misconduct may effect in revocation of the notary's commission by the Role of Secretary of State.
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Applicable Law
The police force governing notaries public is provided on the Secretarial assistant of Land Website at s1.sos.mo.gov/business organisation/commissions. If in that location is whatsoever conflict betwixt the text on the website and the applicable statutes, the statutes will govern.
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Possible Disqualification
According to Missouri police, persons convicted of a felony may not be able to go a notary public as such persons may exist disqualified from registering to vote.
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Executing Witness
On October 27, 1983, the chaser general issued Opinion No. 114-83, which states "An executing witness, as provided for in Section 486.340, RSMo, is neither a notary public nor an officer authorized by constabulary to administer oaths within the scope of Department 115.291.1, RSMo." Therefore, the affidavit of a person voting an absentee ballot may non exist subscribed and sworn to earlier an executing witness.
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Fees Allowed for Swearing in Notaries
Each county or city official will accuse fees for recording each notary commission and administering the oath of function. These fees are immune by law. If you have questions regarding such fees, contact the applicable county or city official in county of residence. For St. Louis Metropolis residents contact the circuit clerk of St. Louis City.
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Court Reporters Qualified to Give Oaths
Certified court reporters and certified autograph reporters may administrate oaths and affirmations every bit provided in Section 492.010, RSMo. If y'all take any questions concerning authority to administer oaths and affirmations, please contact the professional certified court reporters association for farther information.
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Other Notary Data
A notary cannot notarize his or her ain signature. A notary is to exist an impartial witness.
A Missouri notary may notarize documents that originate in other states as long as the certificate is being notarized in Missouri.
Missouri notaries can only notarize documents in Missouri.
Missouri law does not forestall notaries from notarizing the signatures of relatives. However, if the notarized document was ever the bailiwick of a court accommodate, a guess might determine the notary was not an impartial witness to the signing of the certificate. The Office of Secretary of State suggests that a notary non notarize documents for a spouse, parent, grandparent, brother, sister, niece, nephew, aunt, uncle, child or grandchild.
A notary does non have the authority to prepare legal documents. All documents presented to a notary for notarization should have the correct form of notary certificate on them. A notary'due south duty is to perform the notarial act and complete the notarial certificate.
The best form of identification is one that includes a photograph and signature. A valid driver's license is a good source of identification. The person can besides be personally known to the notary or can be identified past an individual personally known to the notary.
If the notary certificate states "Subscribed and sworn to/affirmed before me", etc., then the document must exist signed by the signer in the presence of the notary. An oath or affirmation must be administered to the person whose signature the notary is notarizing. If the document is already signed when it is presented for notarization, the notary should ask the person to re-sign the document again in their presence.
An acquittance need not be signed in the notary's presence. However, the person who signed the acknowledgment must appear before the notary and admit he or she is the signor and that he or she signed the original document.
The notary law allows a notary public to certify a copy of an original document. Chapter 486.345(3), RSMo, contains the proper wording to use for this type of certification. DO NOT CERTIFY Whatever COPIES OF DOCUMENTS WHICH Country ON THE Face up OF THE DOCUMENT THEY CANNOT Be REPRODUCED. Nascency certificates, decease certificates, wedlock licenses, divorce decrees and school documents (diplomas, transcripts) cannot be certified. Certified copies of these documents should be obtained from the issuing agency. The notary is required by law to go on a copy of whatever certificate they certify.
The secretarial assistant of land issues Certificates of Authority for notaries. They may exist obtained past submitting the original certificate requiring the certificate with a written request for the certificate to the Office of Secretary of State. The fee for each certificate is $x and should back-trail the request. Certificates of Authorization for a notary public may exist obtained at whatsoever of the Secretary of Country Offices in Jefferson City, Kansas Urban center, St. Louis or Springfield.
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Proper Notarization
A proper notarization must comprise:
- The signature of the private;
- A notarial document stating the document was signed before the notary;
- The signature of the notary as commissioned; and
- The notary's seal or postage stamp.
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<< Return to Online Missouri Notary Handbook Tabular array of Contents
Source: https://s1.sos.mo.gov/Business/Notary/general
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