MO Notary Laws and Regulations 2 — Questions and Answers
Question 1: What is the term length of a Missouri notary public commission?
- 2 years
- 4 years (Correct answer)
- 6 years
- 10 years
Correct answer: 4 years
A Missouri notary public commission lasts for 4 years from the date of commission.
Under RSMo Section 486.215, a Missouri notary public is commissioned for a term of 4 years. The commission begins on the date stated in the commission certificate and expires exactly 4 years later. Notaries who wish to continue serving must apply for a new commission before the expiration date. Performing notarial acts after the commission has expired is a violation of Missouri law and can result in the acts being deemed invalid.
Question 2: Which Missouri statute chapter primarily governs notary public duties and responsibilities?
- Chapter 442 — Real Property
- Chapter 486 — Notaries Public (Correct answer)
- Chapter 516 — Limitations on Actions
- Chapter 407 — Merchandising Practices
Correct answer: Chapter 486 — Notaries Public
Chapter 486 of the Revised Statutes of Missouri (RSMo) is the primary chapter governing notary public duties and responsibilities.
RSMo Chapter 486, titled 'Notaries Public,' is the comprehensive statute governing all aspects of Missouri notary public duties. It covers commissioning requirements, notarial acts (acknowledgments, jurats, oaths), identification standards, journal requirements, fees, bond requirements, electronic and remote notarization, and prohibited acts. Missouri updated this chapter significantly in 2020 to adopt provisions of the Revised Uniform Law on Notarial Acts (RULONA) and to authorize remote online notarization.
Question 3: What is the minimum age requirement to become a notary public in Missouri?
- 16 years old
- 18 years old (Correct answer)
- 21 years old
- 25 years old
Correct answer: 18 years old
Applicants must be at least 18 years old to become a notary public in Missouri.
Under RSMo Chapter 486, an applicant for a Missouri notary public commission must be at least 18 years of age. This is consistent with the age of legal majority in Missouri, which is the age at which a person is considered a legal adult capable of entering into contracts and performing official duties. Additional requirements include being a legal resident of Missouri (or working in the state), having no disqualifying criminal convictions, and completing any required education or examination.
Question 4: A Missouri notary who commits official misconduct may face which of the following consequences?
- A verbal warning only
- Revocation of their commission and potential civil liability (Correct answer)
- Automatic renewal of their commission
- Transfer to another state's commission
Correct answer: Revocation of their commission and potential civil liability
Official misconduct by a Missouri notary can result in revocation of the commission, civil liability, and potentially criminal penalties.
Under Missouri law, a notary who commits official misconduct faces significant consequences. The Secretary of State may revoke or suspend the notary's commission. The notary may also face civil liability for damages caused to persons harmed by the misconduct. In serious cases, criminal penalties may apply, including charges for fraud, forgery, or perjury. The notary's surety bond may also be called upon to compensate injured parties. Examples of official misconduct include performing notarizations without proper identification, backdating certificates, and notarizing documents in which the notary has a personal interest.
Question 5: Who has the authority to commission notaries public in Missouri?
- The Governor
- The Secretary of State (Correct answer)
- The Attorney General
- The Chief Justice of the Supreme Court
Correct answer: The Secretary of State
The Missouri Secretary of State has the authority to commission notaries public in the state.
In Missouri, the Secretary of State is the official responsible for commissioning notaries public. Applicants submit their applications, bonds, and fees to the Secretary of State's office, which reviews qualifications and issues commissions. The Secretary of State also has the authority to revoke or suspend a notary's commission for misconduct or failure to comply with Missouri notary laws. This centralized authority ensures consistent standards and accountability for all notaries operating in the state.
Question 6: Under Missouri law, can a notary public refuse to perform a notarial act?
- No — notaries must perform any requested notarial act
- Yes — a notary may refuse if they have a reasonable basis (Correct answer)
- Only if the notary is not being compensated
- Only if another notary is available nearby
Correct answer: Yes — a notary may refuse if they have a reasonable basis
A Missouri notary may refuse to perform a notarial act if they have a reasonable basis, such as inability to verify the signer's identity or suspicion of fraud.
Under Missouri law, a notary public is authorized but not required to perform notarial acts. A notary may refuse to notarize if they have a reasonable basis, such as: the signer cannot be properly identified, the signer does not appear willingly, the notary suspects fraud or coercion, the signer lacks mental capacity, or the notary has a personal interest in the transaction. However, a notary cannot refuse to perform services based on race, religion, gender, national origin, or other protected characteristics.
MO Notary Laws and Regulations 2
What is the term length of a Missouri notary public commission?