IMPORTANT NOTICE TO ALL MISSOURI NOTARIES
NOTARY LAW CHANGES EFFECTIVE AUGUST 28, 2004
House Bill 1193 was signed on July 1, 2004 by the Governor. This House Bill provides new requirements for Missouri notaries.
PLEASE NOTE IF YOU ARE AN EXISTING NOTARY YOU DO NOT NEED TO DO ANYTHING REGARDING NOTARY TRAINING OR A COMMISSION NUMBER. YOU CAN CONTINUE NOTARIZING DOCUMENTS AND USE YOUR EXISTING NOTARY STAMP AND/OR SEAL UNTIL YOUR COMMISSION EXPIRES.
The changes in the law regarding training and a commission number ONLY affect those applying as a NEW notary or a notary whose commission is expiring and who needs to reapply. As an existing notary the training and commission number will be applicable at the time you reapply for a new commission at the end of your current term.
If you have questions concerning the new notary law, please call 866-223-6535 (toll free) or the main Commission number (573) 751-2783. If you would like to e-mail a question please email Brenda Rieke at firstname.lastname@example.org.
Below is an outline of the notary changes:
Notary application - social security numbers and endorsers will no longer be required on notary applications. (RSMo 486.225)
Training - Prior to submitting an application to the secretary of state, each new applicant must complete a computer-based notary training or other notary training in a manner prescribed by the secretary of state. Current notaries must complete the mandatory training at the time of reapplication for a new commission prior to their expiration date. (RSMo 486.225)
Notary bond - Notaries now have 90 days to purchase their notary bond. The bond must state the notary's commission dates as specified by the secretary of state's office. (RSMo 486.235)
Failure to Qualify - 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. (RSMo 486.240)
Notary Journal - 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:
- month, day and year of notarization;
- type of notarization,
- type of document,
- name and address of the signer,
- identification used,
- fee and
- the signature of the signer. (RSMo 486.260)
Commission Number - A commission number will be provided by the secretary of state's office to all new and reapplying notaries beginning 8/28/04. This number must be on the notary's seal. Current notaries will receive this number when they reapply. Current notary seals remain in effect until the notary's term expires or the notary goes through the reapplication process. (RSMo 486.280)
Notary seals - All notary seals must be 8 pt type. (RSMo 486.280)
Address change - 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 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. (RSMo 486.295)
Notary name change -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. (RSMo 486.300)
Notary county change - Any notary public who ceases to have a resident address in the county within and for which he or she is commissioned, the notary shall request within thirty days of such change an amended commission from the secretary of state. (RSMo 486.315)
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:
- 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
- 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. (RSMo 486.350)
If the notary's 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 web-site 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. (RSMo 486.396)
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. (RSMo 486.385)