Missouri Notary flashcards
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- Notary commission term
- A Missouri notary commission runs for four years from the date of issuance; reappointment requires a new application filed with the Secretary of State before the term ends.
- Surety bond amount
- Missouri notaries must file a $10,000 surety bond payable to the state with the Secretary of State before performing any notarial act.
- Bordering-state resident requirement
- A resident of a state bordering Missouri may be commissioned only if employed in Missouri and able to provide proof of that employment with the application.
- Recording the commission
- After issuance, the notary must record the commission with the county clerk in the county of the notary's principal place of business.
- Minimum age to serve
- An applicant must be at least 18 years old, able to read and write English, and of good moral character to qualify for a Missouri notary commission.
- Acknowledgment defined
- In an acknowledgment, the signer appears personally before the notary and acknowledges that the signature on the instrument was voluntarily executed for its stated purpose.
- Jurat defined
- A jurat requires the signer to appear, be placed under oath or affirmation, and sign the document in the notary's presence before the certificate is completed.
- Personal appearance requirement
- The signer must appear physically before the notary; a notary may not notarize based solely on a mailed, emailed, or telephonic request without personal appearance.
- Satisfactory identification evidence
- A notary may identify a signer through personal knowledge or a government-issued photo identification such as a driver's license or passport.
- Oaths and affirmations
- A Missouri notary is authorized to administer oaths and affirmations, which may be used in affidavits, depositions, and sworn statements.
- Copy certification authority
- A notary may certify that a copy of an original document is a true and correct copy, but may not certify copies of public or vital records.
- Conflict of interest bar
- A notary may not perform a notarial act on a document in which the notary is a party or has a direct beneficial or financial interest.
- Required certificate contents
- Each notarial certificate must include the notary's signature and seal, the date of the act, the county and state, and the name of the person whose signature was notarized.
- Acknowledgment certificate wording
- An acknowledgment certificate states that the person appeared before the notary and acknowledged executing the instrument voluntarily for its intended purpose.
- Jurat certificate wording
- A jurat certificate states that the person was sworn or affirmed and subscribed the document before the notary on the stated date.
- Seal content requirements
- The official seal must show the notary's name, the words "Notary Public," the state of Missouri, and the commission expiration date, and must be legible.
- Notarial journal
- A notary keeps a journal recording the date, type of act, name of the signer, and identification presented for each notarial act performed.
- Record retention
- Journal entries and notarial records must be retained for the period required by Missouri law and produced to the Secretary of State upon request.
- Signature name consistency
- The notary's official signature on certificates must match the name appearing on the commission and on the official seal.
- Fee limit
- A Missouri notary may not charge more than the statutory fee for a notarial act; charging an excessive fee is a prohibited act subject to discipline.
- Unauthorized practice of law
- A notary may not give legal advice or select documents for a signer; using the notary title to advertise legal services violates the unauthorized practice rules.
- Seal lending prohibition
- A notary may not lend the official seal or commission to another person or allow another person to use them for any purpose.
- Secretary of State enforcement
- The Secretary of State may investigate complaints against a notary, suspend or revoke the commission, and impose civil penalties for statutory violations.
- Criminal exposure
- Willful misconduct such as false certification, improper identification, or notarizing without appearance may result in criminal prosecution and civil liability for damages.
- Bond lapse consequences
- Failure to keep the required surety bond in force during the commission term may result in suspension or revocation of the notary commission.
- Liability for document content
- A notary is not liable for the substantive content of a document but may be liable for negligence or misconduct in performing the notarial act itself.
- False application information
- Providing false or misleading information on a notary application is grounds for denial, suspension, or revocation of the commission by the Secretary of State.
- Witnessing signatures
- In signature witnessing, the signer signs in the notary's physical presence, and the notary completes a certificate attesting to that fact.
- Notarizing without appearance
- Notarizing a document when the signer did not personally appear before the notary is a prohibited act and may result in criminal and civil liability.
- Certificate date requirement
- The notarial certificate must state the actual date on which the notarial act was performed, which must match the date of the signer's appearance.
- Commission application filing
- An applicant files a notary application and fee with the Missouri Secretary of State, who reviews qualifications and issues the commission upon approval.
- Good moral character
- An applicant must demonstrate good moral character and must not have a disqualifying felony conviction involving dishonesty or fraud to be commissioned.