Mississippi Notary flashcards
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- Mississippi notary commission term
- A Mississippi notary public is commissioned by the Secretary of State for a term of four years, and the expiration date appears on the official seal.
- Surety bond amount
- An applicant must file a $10,000 surety bond payable to the State of Mississippi with the Secretary of State before the commission takes effect.
- Oath and recording
- The notary takes the official oath and records the commission, bond, and oath with the chancery clerk of the county of residence before performing any notarial act.
- Seal requirements
- The seal must show the notary's name as commissioned, the words Notary Public, the state Mississippi, and the commission expiration date.
- Grounds for revocation
- Fraudulent notarial acts, misuse or lending of the seal, failure to maintain the bond, and conviction of a disqualifying crime can lead to suspension or revocation.
- Name or address change
- A notary must notify the Secretary of State of a change of name or address, and a legal name change generally requires a new commission and re-recorded documents.
- Recommissioning after lapse
- A notary whose commission expires or who resigns must stop acting and must submit a new application, bond, and oath to be recommissioned.
- Eligibility age and residency
- An applicant must be at least 18 years old and a Mississippi resident, or a resident of an adjoining state who works in Mississippi.
- Acknowledgment defined
- An acknowledgment certifies that the signer personally appeared, was identified, and acknowledged executing the instrument voluntarily for its stated purpose.
- Jurat defined
- A jurat certifies that the signer appeared, was identified, swore or affirmed the truth of the statement, and signed in the notary's presence.
- Signature witnessing
- A signature witnessing act requires the signer to sign in the notary's presence and the notary to identify the signer, as stated in the certificate.
- Copy certification limits
- Mississippi notaries may certify copies only where authorized by law, and never for public records or documents whose certification belongs to a custodian.
- Certificate elements
- A complete certificate contains the venue, date of the act, notary signature, name as commissioned, commission expiration date, and seal impression.
- Signer identification methods
- Identity may be established by personal knowledge or by a government-issued photo ID that contains a photograph and signature, such as a driver's license.
- Disqualifying interest
- A notary may not perform an act for a document in which the notary is a party, has a beneficial interest, or is named as grantee, beneficiary, or principal.
- Adding a missing certificate
- If a document lacks a notarial certificate, the notary may add one in the correct form for the act the signer requests, without giving legal advice.
- Physical presence rule
- A notarial act requires the signer's physical presence unless performed under a valid remote notarization authorization, so video alone is insufficient outside that framework.
- E-notary registration
- Mississippi requires a separate Secretary of State registration before a notary may perform electronic or remote notarial acts.
- Electronic seal and signature
- Electronic notarial acts require the notary's electronic seal and electronic signature, and the certificate must indicate the act was performed electronically.
- Remote identity proofing
- Remote online notarization requires knowledge-based authentication plus a government-issued photo ID reviewed over the audio-video session.
- Session recording retention
- The audio-video session must be recorded and retained for the period required by rule, capturing the signer, the notary, and the signing.
- Electronic journal contents
- The electronic journal records the date, time, type of act, and identity verification method for each electronic or remote notarial act.
- Session integrity failures
- A remote notarization may not proceed if the notary cannot clearly see and hear the signer or if identity verification fails.
- Journal confidentiality
- Electronic journals and recordings are confidential and accessible only to the notary, the Secretary of State, and authorized investigators.
- Remote notarization fees
- A notary may charge the statutory notarial fee plus any additional electronic or remote fee permitted by rule for the act performed.
- Apostille purpose
- An apostille authenticates a public document for use in another Hague Apostille Convention member country by certifying the signature and seal, not the content.
- Authentication vs apostille
- A document for a country not party to the Hague Convention requires chain authentication rather than an apostille, with each certifying official in sequence.
- Mississippi issuing authority
- The Mississippi Secretary of State issues apostilles and authentications after the document is properly notarized or certified by the correct custodian.
- Signature on file
- The notary's seal and signature must be on file with the Secretary of State for apostille verification; an expired commission blocks apostille of a new document.
- 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.
- Fee and compensation limits
- A notary may charge only statutory fees and may not accept compensation contingent on the content or outcome of the document.