Effective – 28 Aug 2020 486.1000. Improper performance of electronic notarial acts — liabilities, sanctions, and remedies. — The liability, sanctions, and remedies for the improper performance of electronic notarial acts by an electronic notary public are the same as described and provided in section 486.805 for the improper performance of nonelectronic notarial acts. ——– […]
Effective – 28 Aug 2020 486.1005. Secretary to terminate electronic notary’s registration, when — procedure. — 1. The secretary shall terminate an electronic notary public’s registration for any of the following reasons: (1) Submission of an electronic registration form containing a material misstatement or omission of fact; (2) Failure to maintain the capability to perform […]
Effective – 28 Aug 2020 486.1010. Impersonating or improperly influencing an electronic notary, penalties. — The criminal penalties for impersonating an electronic notary public and for soliciting, coercing, or improperly influencing an electronic notary to commit official misconduct in performing notarial acts are the same penalties described in subsection 6 of section 578.700 in regard […]
Effective – 28 Aug 2020 486.900. Definitions. — As used in sections 486.900 to 486.1010, the following terms and phrases mean: (1) “Capable of independent verification”, any interested person may confirm the validity of an electronic notary’s identity and authority through a publicly accessible system; (2) “Electronic”, relates to technology having electrical, digital, magnetic, wireless, […]
Effective – 28 Aug 2020 486.902. Controlling law. — Sections 486.900 to 486.1010 supplement the provisions of sections 486.600 to 486.825 for in-person electronic notarial acts. To the extent sections 486.600 to 486.825 are inconsistent with sections 486.900 to 486.1010, the provisions of 486.900 to 486.1010 control regarding the performance of in-person electronic notarial acts. […]
Effective – 28 Aug 2020 486.905. Electronic notaries, commission, registration. — 1. Prior to performing electronic notarial acts, a person shall apply to be a commissioned notary for the state of Missouri. 2. A notary shall register the capability to perform electronic notarial acts with the secretary before notarizing electronically. 3. Upon recommissioning, a notary […]
Effective – 28 Aug 2020 486.910. Course of instruction required. — 1. Before initially registering the capability to perform electronic notarial acts, an electronic notary shall complete a course of instruction as approved by the secretary, in addition to the course required for commissioning as a notary, and pass an examination based on the course. […]
Effective – 28 Aug 2020 486.915. Term of registration. — The term of registration of an electronic notary public shall begin on the registration starting date set by the secretary and shall continue as long as the notary’s commission remains in effect or until registration is terminated pursuant to subsection 1 of section 486.1005. ——– […]
Effective – 28 Aug 2020 486.920. Electronic registration form, contents — denial of registration, when — confidentiality of records. — 1. To register the capability to perform electronic notarial acts, a notary shall electronically sign and submit to the secretary an electronic form prescribed by the secretary that includes: (1) Proof of successful completion of […]
Effective – 28 Aug 2020 486.925. Electronic notarial acts authorized. — The following notarial acts may be performed electronically: (1) Acknowledgment; (2) Jurat; (3) Signature witnessing; and (4) Copy certification. ——– (L. 2020 H.B. 1655)
Effective – 28 Aug 2020 486.930. Electronic notarization, principal requirements. — 1. An electronic notary shall perform an electronic notarization only if the principal: (1) Is in the presence of the notary at the time of notarization; (2) Is personally known to the notary or identified by the notary through satisfactory evidence; (3) Appears to […]
Effective – 28 Aug 2020 486.935. Electronic notarial certificate, contents, wording. — 1. In performing an electronic notarial act, the electronic notary shall properly complete an electronic notarial certificate. 2. A proper electronic notarial certificate shall contain: (1) Completed wording appropriate to the particular electronic notarial act, as prescribed in subsection 3 of this section; […]
Effective – 28 Aug 2020 486.940. Electronic signature and seal, requirements — employers, restrictions. — 1. In notarizing an electronic document, the notary shall attach to, or logically associate with, the electronic notarial certificate a registered electronic signature and a registered electronic notary seal, or a registered single element in conformity with subsection 2 of […]
Effective – 28 Aug 2020 486.945. Journal of notarial acts, requirements. — 1. An electronic notary shall keep, maintain, protect, and provide for lawful inspection a chronological journal of notarial acts that is a permanently bound book with numbered pages. 2. If a notary is registered as an electronic notary: (1) The notary shall keep […]
Effective – 28 Aug 2020 486.947. Journal recordings. — 1. For every electronic notarial act, the electronic notary shall record in the electronic journal at the time of notarization the following: (1) The date and time of day of the electronic notarial act; (2) The type of electronic notarial act; (3) The type, title, or […]
Effective – 28 Aug 2020 486.950. Additional requirements for electronic journal of electronic notarial acts and electronic notaries. — 1. An electronic journal of electronic notarial acts shall: (1) Allow journal entries to be made, viewed, printed, and copied only after access is obtained by a procedure that uses two factors of authentication; (2) Not […]
Effective – 28 Aug 2020 486.955. Resignation, revocation, expiration, or death of electronic notary. — Upon resignation, revocation, or expiration of a notary commission, or death of the electronic notary: (1) The journal and notarial records shall be delivered to the secretary in accordance with sections 486.795 to 486.800 by any means providing a tangible […]
Effective – 28 Aug 2020 486.960. Fees. — 1. For performing an electronic notarial act, an electronic notary public may charge the maximum fee specified in this section, charge less than the maximum fee, or waive the fee. 2. The maximum fees that may be charged by an electronic notary public for performing an electronic […]
Effective – 28 Aug 2020 486.965. Fees, payment of prior to performance — nonrefundable, when. — 1. An electronic notary public may require payment of any fees specified in section 486.960 prior to performance of an electronic notarial act. 2. Any fees paid to an electronic notary prior to performance of an electronic notarial act […]
Effective – 28 Aug 2020 486.970. Notarized electronic documents transmitted to other states or nations — certificate of authority form. — 1. On a notarized electronic document transmitted to another state or nation, electronic evidence of the authenticity of the seal of an electronic notary public of this state and the registered electronic signature, if […]
