Effective – 28 Aug 2020 486.1100. Definitions. — As used in sections 486.1100 to 486.1205, the following terms and phrases mean: (1) “Appears in person before the notary” or “personally appear before the notary” or “in the presence of the notary”, includes, in the case of a remote online notarization, a principal and any required […]
Effective – 28 Aug 2020 486.1105. Controlling law. — Sections 486.1100 to 486.1205 supplement the provisions of sections 486.600 to 486.820 and sections 486.900 to 486.1010 for remote online notarial acts. To the extent sections 486.600 to 486.820 and 486.900 to 486.1010 are inconsistent with sections 486.1100 to 486.1205, the provisions of 486.1100 to 486.1205 […]
Effective – 28 Aug 2020 486.1110. Rulemaking authority. — The secretary of state is authorized to adopt rules necessary to implement sections 486.1100 to 486.1205, including rules to facilitate remote online notarizations, subject to the limitations in section 486.830. ——– (L. 2020 H.B. 1655)
Effective – 28 Aug 2020 486.1115. Standards for remote online notarization, secretary’s duties. — 1. The secretary of state by rule shall develop and maintain standards for remote online notarization in accordance with sections 486.1100 to 486.1205, including, but not limited to, standards for credential analysis and identity proofing. Such rules shall be subject to […]
Effective – 28 Aug 2020 486.1120. Notary commission and registration required. — 1. Prior to performing remote online notarial acts, a person shall apply to be a commissioned notary for the state of Missouri. 2. A remote online notary shall register the capability to perform remote online notarial acts with the secretary before performing remote […]
Effective – 28 Aug 2020 486.1125. Course of instruction required, content. — 1. Before initially registering the capability to perform remote online notarial acts, a 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 […]
Effective – 28 Aug 2020 486.1130. Registration form, contents — denial of registration, when — confidentiality of information. — 1. To register the capability to perform remote online notarial acts, a notary shall electronically sign and submit to the secretary an electronic form prescribed by the secretary that includes: (1) The information required in subsection […]
Effective – 28 Aug 2020 486.1135. 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. ——– (L. 2020 H.B. 1655)
Effective – 28 Aug 2020 486.1140. Permissible remote online notarial acts. — The following remote online notarial acts may be performed using communication technology in accordance with sections 486.1100 to 486.1205, and by no other method: (1) Acknowledgment; and (2) Jurat. ——– (L. 2020 H.B. 1655)
Effective – 28 Aug 2020 486.1145. Audio-video communication, use of, requirements. — 1. For the purposes of performing a remote online notarial act for a person using audio-video communication, a remote online notary public has satisfactory evidence of the identity of the person if the remote online notary public confirms the identity of the person […]
Effective – 28 Aug 2020 486.1150. Principal requirements for remote online notarization. — A remote online notary shall perform a remote online notarization only if the principal: (1) Is in the presence of the notary utilizing live audio-video conferencing technology at the time of notarization; (2) Is personally known to the notary or identified by […]
Effective – 28 Aug 2020 486.1155. Remote online notary required to be physically located within this state for performance of remote online notarial acts. — 1. A remote online notary public shall perform a remote online notarization authorized in sections 486.1100 to 486.1205 only while the remote online notary public is physically located within this […]
Effective – 28 Aug 2020 486.1160. Additional transaction fee. — In addition to the other fees allowed by section 486.960, a remote online notary may charge a remote online notary transaction fee if the notary and the principal agree upon the fee in advance of the notarial act being performed and the notary explains to […]
Effective – 28 Aug 2020 486.1165. Remote online notarial certificate, contents, wording. — 1. In performing a remote online notarial act, the remote online notary shall properly complete a remote online notarial certificate. 2. A proper remote online notarial certificate shall contain: (1) Completed wording appropriate to the particular remote online notarial act, as prescribed […]
Effective – 28 Aug 2020 486.1170. Registered electronic signature, seal, or single element required, when — employer restrictions — limitations on use of registered signature and seal. — 1. In notarizing an electronic document, the remote online notary shall attach to, or logically associate with, the remote online notarial certificate a registered electronic signature and […]
Effective – 28 Aug 2020 486.1175. Jurat certificate form — signature form. — 1. A remote online notary shall use a jurat certificate in substantially the following form in notarizing a signature or mark on an affidavit or other sworn or affirmed written declaration: State of Missouri County (and/or City) of __________ On this ______ […]
Effective – 28 Aug 2020 486.1180. Electronic journals. — 1. If a notary is registered as a remote online notary: (1) The notary shall keep an electronic journal of remote online notarial acts as described in section 486.1190; and (2) The notary shall also keep a record of remote online notarial acts in the permanently […]
Effective – 28 Aug 2020 486.1185. Electronic journal recording requirements. — 1. For every remote online notarial act, the remote online notary shall record in the electronic journal at the time of notarization the following: (1) The date and time of day of the remote online notarial act; (2) The type of remote online notarial […]
Effective – 28 Aug 2020 486.1190. Additional requirements for electronic journal of remote online notarial acts and remote online notaries. — 1. An electronic journal of remote online 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 […]
Effective – 28 Aug 2020 486.1195. Audio and video recording of performance of notarial acts, when, requirements. — 1. The remote online notary public shall create an audio and video recording of the performance of the notarial act. 2. The recording required by this section shall be maintained for at least ten years after the […]
