Mississippi Notary cheat sheet

The Mississippi Secretary of State commissions notaries public; the application, commission certificate, and oath of office are administered through that office, and the commission term is four years.

An applicant must be at least 18 years old, a resident of Mississippi or a resident of an adjoining state who works in Mississippi, and must not have been convicted of a felony involving dishonesty.

A $10,000 surety bond payable to the State of Mississippi must be filed with the Secretary of State before the commission is issued; the bond covers acts performed in the notary's official capacity.

The official oath of office must be taken and the bond and commission recorded with the chancery clerk of the county of residence before the notary may act.

A notary must obtain an official seal of office; the seal must include the notary's name as commissioned, the words "Notary Public," the state "Mississippi," and the commission expiration date.

The notary must keep the seal in secure custody and may not allow any other person to use it; unauthorized use or lending of the seal is grounds for revocation.

A change of legal name or address requires notice to the Secretary of State; a name change generally requires a new commission and a re-recorded bond and oath.

Grounds for discipline or revocation include fraudulent notarial acts, failure to maintain the bond, conviction of a disqualifying crime, and improper use of the seal.

A notary who resigns or whose commission expires must stop performing notarial acts; a new application and bond are required to be recommissioned.

A notarial act must be performed in the physical presence of the signer unless performed under a valid remote notarization authorization; presence by video alone is insufficient outside that framework.

An acknowledgment certifies that the signer personally appeared, was identified, and acknowledged executing the instrument voluntarily for its stated purpose; the signer need not sign in the notary's presence.

A jurat (verification on oath or affirmation) certifies that the signer appeared, was identified, swore or affirmed the truth of the statement, and signed in the notary's presence.

A signature witnessing notarial act requires the signer to sign in the notary's presence and the notary to identify the signer; the certificate must state that fact.

A copy certification attests that a copy is a true and exact copy of an original; Mississippi notaries may certify copies only where authorized by law, and never for public records or documents whose certification is reserved to a custodian.

A complete notarial certificate must contain the venue, the date of the act, the notary's signature, the notary's name as commissioned, the commission expiration date, and the seal impression.

Identification of the signer may be established by personal knowledge or by a government-issued photo ID containing a photograph and signature, such as a driver's license or passport.

A notary may not perform a notarial act for a document in which the notary has a beneficial interest, is a party, or is named as a grantee, beneficiary, or principal.

The notary must not complete a certificate that is missing essential elements; if the document lacks a certificate, the notary may add one in the correct form for the act requested.

Mississippi authorizes electronic notarization and remote online notarization; a notary must register separately with the Secretary of State to perform electronic or remote notarial acts before doing so.

An electronic notarial act requires the notary's electronic seal and electronic signature, and the certificate must indicate that the act was performed electronically.

Remote online notarization requires the signer's identity to be verified by knowledge-based authentication plus a government-issued photo ID reviewed over the audio-video session.

The audio-video session must be recorded and retained for the period required by rule, and the recording must capture the signer, the notary, and the signing of the document.

The notary must confirm the signer's identity and willingness to sign on camera, and the notary's electronic journal must record the date, time, type of act, and identity verification method.

A remote notarization may not be performed if the notary cannot clearly see and hear the signer throughout the act, or if identity verification fails.

The notary's electronic journal and recordings are confidential records that must be safeguarded; access is limited to the notary, the Secretary of State, and authorized investigators.

Electronic and remote notarization fees may be charged in addition to the statutory fee for the notarial act, subject to the limits set by rule.

An apostille is issued under the Hague Apostille Convention to authenticate a public document for use in another member country; it certifies the authenticity of the signature and seal, not the content of the document.

In Mississippi, apostilles and authentications are issued by the Secretary of State; a document must first be properly notarized or certified by the correct custodian before submission.

A document destined for a country that is not a party to the Hague Convention requires a chain authentication (certification) rather than an apostille.

The notary's seal and signature must be on file with the Secretary of State for the apostille to be verified; a notary whose commission has expired cannot have a newly executed document apostilled.

Notarial certificates intended for apostille should be complete and legible, with the notary's name, commission expiration, and seal clearly matching the records on file.

Ethical duties include avoiding the unauthorized practice of law: a notary may not explain the legal effect of a document, select the type of notarial act for the signer, or advise which document to use.

A notary must charge only the fees allowed by statute and must not accept compensation that is contingent on the content or outcome of the document.

A notary must not perform a notarial act if the notary is a party, has a disqualifying interest, or lacks the required personal appearance or identification.

A notary must maintain impartiality and must not notarize a document for a family member or business associate where a conflict of interest would compromise the act.

Commission term: four years from the date the commission is issued; expiration is printed on the seal and must be updated upon renewal.

Bond amount: $10,000 surety bond payable to the State of Mississippi, filed with the Secretary of State before the commission is effective.

Recording: the commission, bond, and oath are recorded with the chancery clerk of the county where the notary resides.

Seal contents: notary's name as commissioned, "Notary Public," "Mississippi," and the commission expiration date.

Renewal requires a new application, bond, and oath; a lapsed commission cannot be revived retroactively.

Discipline: the Secretary of State may investigate complaints and revoke or suspend a commission for misconduct, including fraudulent acts and misuse of the seal.

Reporting: a notary must notify the Secretary of State of a change of name or address, and a name change requires a new commission.

Acknowledgment: signer need not sign in the notary's presence; the signer must personally appear, be identified, and acknowledge voluntary execution.

Jurat: signer must sign in the notary's presence and swear or affirm the truth of the statement; the certificate must state the oath was administered.

Signature witnessing: signer must sign in the notary's presence and the notary must identify the signer.

Copy certification: only where authorized by law; never for public records or documents whose certification is reserved to a custodian.

Certificate must include venue, date, notary signature, name as commissioned, commission expiration, and seal.

Identification: personal knowledge or government-issued photo ID with photograph and signature.

Disqualification: no act where the notary is a party, has a beneficial interest, or is named as grantee, beneficiary, or principal.

Registration: separate Secretary of State registration is required before performing electronic or remote notarial acts.

Electronic seal and signature: required for electronic notarial acts, and the certificate must indicate the act was performed electronically.

Identity proofing for remote acts: knowledge-based authentication plus government-issued photo ID reviewed over the audio-video session.

Recording: the audio-video session must be recorded and retained for the period required by rule, capturing the signer, the notary, and the signing.

Journal: electronic journal must record date, time, type of act, and identity verification method.

Session integrity: no remote act if the notary cannot clearly see and hear the signer or if identity verification fails.

Confidentiality: journal and recordings are confidential and accessible only to the notary, the Secretary of State, and authorized investigators.

Apostille: for documents used in Hague Apostille Convention member countries; certifies signature and seal, not content.

Authentication/chain certification: for documents used in countries that are not party to the Hague Convention.

Issuing authority in Mississippi: the Secretary of State; the document must first be properly notarized or certified by the correct custodian.

Verification: the notary's seal and signature must be on file with the Secretary of State; an expired commission blocks apostille of a newly executed document.

Unauthorized practice of law: a notary may not explain legal effect, select the type of act for the signer, or advise which document to use.

Fees: only statutory fees may be charged; compensation may not be contingent on the content or outcome of the document.

Disqualification: no act where the notary is a party, has a disqualifying interest, lacks personal appearance or identification, or has a conflict of interest.