The Kansas Resident Who Started Early
Marcus is 34, lives in Overland Park, Kansas, and has worked full time for six years as an HR manager at a manufacturer in Kansas City, Missouri. In 2018 he pleaded guilty to misdemeanor stealing after a shoplifting arrest, completed probation, and the case was closed. In February 2025 he filed a Missouri notary application, disclosed the conviction, and submitted a $10,000 surety bond. The Secretary of State issued his commission effective April 15, 2025, expiring April 15, 2029. On April 8 his supervisor asked him to notarize an employee's affidavit, and Marcus did so, writing his commission expiration date and using a seal he had already purchased. He plans to notarize I-9 forms for new hires, wants to charge $10 per signature, and will move to Kansas City, Missouri in October. He asks whether the Kansas residency, the 2018 conviction, or the April 8 notarization create problems.
1. Is Marcus eligible for a Missouri commission given his Kansas residency and his 2018 conviction?
Read the worked answer
Missouri does not require in-state residency. A person may be commissioned if they are a resident of Missouri, or a resident of a state bordering Missouri and employed in Missouri. Kansas borders Missouri and Marcus works full time in Kansas City, Missouri, so the residency/employment test is satisfied. He also meets the age, literacy, and good-moral-character requirements. The 2018 misdemeanor is not an automatic disqualifier, but theft is a crime involving dishonesty, which is exactly the kind of conviction the Secretary of State may weigh; his disclosure was required and helps him. The $10,000 bond is the other core prerequisite. Bottom line: he is eligible, but the commission is discretionary, and he should be prepared to document rehabilitation and steady employment if the application is questioned.
2. What is the legal effect of the April 8, 2025 notarization, and what should Marcus do about it?
Read the worked answer
A notary's authority begins on the effective date of the commission, not the date of application, bonding, or seal purchase. Marcus's commission was effective April 15, 2025. The April 8 affidavit was therefore notarized by someone with no notarial power at that moment. An act performed without a commission is generally invalid: the recipient may reject the affidavit, an agency or court may refuse it, and Marcus exposes himself to personal liability and to discipline. The fix is not to alter the April 8 certificate, because changing the date to make it look timely would be a false certificate. Instead, the affiant should re-execute or re-acknowledge before Marcus now that the commission is in effect, and Marcus should issue a new, accurate certificate dated on the actual date of that new act.
3. How should Marcus handle the I-9 forms, his proposed $10 fee, and his October move?
Read the worked answer
Three separate issues:
- I-9 forms: completing Section 2 as the employer's authorized representative is not a notarial act. The $5 cap does not apply, but he also must not affix his notary seal to the form or describe the process as notarization. He should keep the two roles distinct.
- Fee: Missouri caps the charge at $5 per notarial act. Charging $10 is an overcharge and a violation even if the customer agrees to it.
- Move: a Missouri commission is statewide, not tied to a county or home address. Moving from Kansas into Kansas City does not require a new commission and does not change his authority, though he should update his contact information with the Secretary of State. Future certificates state the county where the act is performed, not where he lives.