MO Notary - Missouri Notary Notarial Certificates and Wording Questions and Answers — Questions and Answers
Question 1: A signer presents a document with pre-printed notarial wording for an acknowledgment. The notary notices that the certificate is missing the venue (the state and county of notarization). What is the appropriate action for the notary to take?
- Write in the state and county and proceed with the notarization.
- Refuse the notarization as the document is invalid.
- Cross out the incorrect certificate, complete a new, full notarial certificate that includes the venue, and attach it to the document. (Correct answer)
- Advise the signer to return to the document creator to have a corrected version printed.
Correct answer: Cross out the incorrect certificate, complete a new, full notarial certificate that includes the venue, and attach it to the document.
According to Missouri law (RSMo 486.740), a notarial certificate must include the venue, which is the state and county where the notarization takes place. A notary cannot simply alter a pre-printed certificate by writing in missing information. The proper procedure when a certificate is incomplete or incorrect is to line through the faulty certificate and attach a separate, fully compliant notarial certificate.
Question 2: Which of the following phrases is characteristic of the main statement in a jurat certificate, distinguishing it from an acknowledgment?
- "Acknowledged before me..."
- "Subscribed and sworn to (or affirmed) before me..." (Correct answer)
- "In witness whereof, I have hereunto set my hand and official seal..."
- "Personally appeared..."
Correct answer: "Subscribed and sworn to (or affirmed) before me..."
The core purpose of a jurat is for a signer to swear or affirm that the contents of a document are true. The essential wording for a jurat certificate is "Subscribed and sworn to (or affirmed) before me," which reflects that the notary administered an oath or affirmation to the signer. The other phrases are commonly found in acknowledgment certificates or are general concluding phrases.
Question 3: A Missouri notary is completing a notarial certificate for a signature witnessing. According to RSMo 486.740, which of the following elements must be included in the certificate?
- The signer's home address.
- The date of the notarial act. (Correct answer)
- The name of the document creator.
- The fee charged for the notarization.
Correct answer: The date of the notarial act.
RSMo 486.740 explicitly lists the required contents of a notarial certificate. These include the notary's official signature and seal, the venue, the date of the notarial act, and a description of the facts of the act performed. While the signer's address and the fee charged must be recorded in the notary's journal, they are not required components of the notarial certificate itself.
Question 4: If a Missouri notary attaches a loose paper notarial certificate to a document, what is a key requirement for how it must be attached?
- It must be attached with a paperclip for easy removal.
- It must be attached by staple or another method that shows evidence of any subsequent detachment. (Correct answer)
- It must be taped to the back of the signature page.
- It must be attached only after the signer has left the notary's presence.
Correct answer: It must be attached by staple or another method that shows evidence of any subsequent detachment.
Missouri statute RSMo 486.745 specifies requirements for attaching loose certificates. It states the certificate must be attached by a staple or another method that would leave evidence if it were later detached. This is a security measure to prevent fraud and ensure the certificate remains with its intended document.
Question 5: A notary performs an acknowledgment and later realizes they entered the wrong date on the notarial certificate after the signer has already left. Under Missouri law, what is the correct procedure to fix this error?
- Create a new document with the correct date and forge the principal's signature.
- The notary cannot alter the certificate once the signer has left; a new notarization would be required. (Correct answer)
- Mail the document back to the signer to have them initial the correction.
- Simply cross out the wrong date, write the correct one, and initial it on the original document.
Correct answer: The notary cannot alter the certificate once the signer has left; a new notarization would be required.
While RSMo 486.745 allows a notary to correct an error, it requires the original document to be returned to the notary. The notary must then verify the error, legibly correct and initial it, and make a note in their journal. Critically, a notary cannot unilaterally alter a notarial certificate on a document that is no longer in their possession or without the signer being present for a re-notarization. The safest and most compliant action when the document and signer are gone is to perform a new notarization if the document is returned.
Question 6: A notarial certificate for any notarial act in Missouri must contain all of the following information EXCEPT:
- The notary's commission expiration date.
- The county where the notarial act was performed.
- The notary's official signature.
- The address where the notarization took place. (Correct answer)
Correct answer: The address where the notarization took place.
The notary's commission expiration date is part of the required official seal. The county (venue) and the notary's signature are explicitly required by statute RSMo 486.740 on the certificate. However, while the specific address of the notarization must be recorded in the notary's journal if it is not their regular place of business, it is not a required element of the notarial certificate itself.
MO Notary - Missouri Notary Notarial Certificates and Wording Questions and Answers
A signer presents a document with pre-printed notarial wording for an acknowledgment.
The notary notices that the certificate is missing the venue (the state and county of notarization).
What is the appropriate action for the notary to take?