Attorneys as Notaries Public

Under the 2005 Judicial Omnibus Bill (SB 420), Section 486.200(5), RSMo., which defines the words "notary public" and "notary" as used in Sections 486.200 to 486.405, is amended to read as follows:

"Notary public" and "notary" means any person appointed and commissioned to perform notarial acts, including an attorney licensed to practice law in this state. (amended portion in bold underline)

SB 420 only addresses the definition of "notary public" and "notary." No specific exemptions for attorneys from the normal duties and requirements of notaries public are included in the bill. In addition, SB 420 does not modify or amend the other 40 statutory sections which address the requirements for securing and maintaining a notary public commission, nor does it create any exceptions to the rules for proper completion of notarial acts.

The Commissions Division of the Secretary of State's office will continue to appoint and commission qualifying attorneys as notaries public, and will do so through continued application of the laws in Chapter 486. Attorneys may apply for and receive a commission as a notary public if they comply with all statutory requirements found in Section 486.200, et seq ., RSMo.

Requirements to become and remain a notary include: maintaining a surety bond of ten thousand dollars and providing proof of such bond; taking an oath before the appropriate county clerk; submitting a handwritten specimen signature to the clerk; keeping a notary journal; reapplying every four years for a renewed commission; and completing a training program before reapplying.

If you are interested in becoming a notary public, please Click Here to obtain instructions, requirements and forms.

Should you have any questions regarding the notary process, please contact the Commissions Division of the Secretary of State's Office at (573) 751-2783.