MO Notary Notarial Procedures 2 — Questions and Answers

Question 1: When performing a jurat in Missouri, what must the notary witness?

The document being mailed to the recipient
The signer signing the document and taking an oath or affirmation (Correct answer)
The payment of notary fees
The signer reading the entire document aloud

Correct answer: The signer signing the document and taking an oath or affirmation

For a jurat, the Missouri notary must witness the signer actually sign the document and administer an oath or affirmation regarding the truthfulness of the contents.

A jurat in Missouri requires two essential elements that must occur in the notary's presence: the signer must sign the document before the notary, and the notary must administer an oath or affirmation. The oath/affirmation asks the signer to swear or affirm that the statements in the document are true and correct. Unlike an acknowledgment, where the document may have been signed beforehand, a jurat requires the actual signing to take place in front of the notary. This makes the signer legally accountable under penalty of perjury.

Question 2: What is the difference between an oath and an affirmation under Missouri notary law?

An oath is for criminal cases; an affirmation is for civil cases
An oath invokes a deity; an affirmation is a solemn pledge without religious reference (Correct answer)
There is no legal difference
An oath is verbal; an affirmation must be written

Correct answer: An oath invokes a deity; an affirmation is a solemn pledge without religious reference

An oath invokes a higher power or deity, while an affirmation is a solemn pledge that carries the same legal weight without religious reference.

Under Missouri law, both oaths and affirmations carry identical legal weight and both subject the declarant to penalties of perjury for false statements. The distinction is in form: an oath typically invokes a deity or higher power ('Do you solemnly swear...so help you God?'), while an affirmation is a solemn secular pledge ('Do you solemnly affirm...?'). A notary must offer the option of an affirmation when a signer objects to taking an oath on religious or conscience grounds. The notary should never force a signer to take an oath if they prefer an affirmation.

Question 3: A Missouri notary is asked to certify a copy of a document. Under what circumstances is this permitted?

Only for original documents created by the notary
For any document the signer presents
For documents that are not public records, as authorized by Missouri law (Correct answer)
Copy certification is never permitted for Missouri notaries

Correct answer: For documents that are not public records, as authorized by Missouri law

Missouri notaries may certify copies of certain documents that are not public records, as authorized under Missouri law.

Missouri law authorizes notaries to perform copy certifications, but with important limitations. Notaries may certify copies of documents that are not public records (such as diplomas, medical records, or personal documents). They may not certify copies of vital records (birth, death, marriage certificates) or other public records — those must be obtained from the issuing government agency. To certify a copy, the notary compares the copy to the original document, confirms they are identical, and completes a copy certification certificate.

Question 4: When must a Missouri notary administer an oath or affirmation?

Only when notarizing real estate documents
When performing a jurat or when any document requires a sworn statement (Correct answer)
Only during court proceedings
Only when requested by the signer's attorney

Correct answer: When performing a jurat or when any document requires a sworn statement

A Missouri notary must administer an oath or affirmation when performing a jurat or whenever a document requires a sworn statement.

Missouri notaries must administer oaths or affirmations in several situations: when performing a jurat (sworn statement), when a document explicitly requires the signer to swear to the truth of its contents, or when any person needs to be placed under oath (such as for depositions or affidavits). The notary must verbally administer the oath or affirmation — simply having the signer sign the document is not sufficient. The signer must respond affirmatively to the oath or affirmation before signing.

Question 5: What should a Missouri notary do if they are unsure which type of notarization a document requires?

Choose the simplest notarization type
Ask the signer to decide
Refer the signer to an attorney or the document's issuing authority for guidance (Correct answer)
Refuse to perform any notarization

Correct answer: Refer the signer to an attorney or the document's issuing authority for guidance

If uncertain about the type of notarization required, the notary should refer the signer to an attorney or the document's issuing authority rather than making a legal determination.

Missouri notaries are prohibited from practicing law, which includes advising signers on which type of notarization a document requires. If a document does not include a notarial certificate indicating the required type (acknowledgment, jurat, etc.), the notary should direct the signer to consult with an attorney, the document's issuing authority, or the receiving party. The notary may explain the different types of notarial acts in general terms but must not tell the signer which one to choose, as that would constitute unauthorized practice of law.

Question 6: In Missouri, what is a 'notarial act' as defined by statute?

Any document that a notary signs
An act that a notary is authorized to perform under RSMo Chapter 486 (Correct answer)
A fee charged by a notary for services
A complaint filed against a notary

Correct answer: An act that a notary is authorized to perform under RSMo Chapter 486

A notarial act is any act that a notary public is authorized to perform under Missouri law (RSMo Chapter 486), including acknowledgments, jurats, oaths, and copy certifications.

Under RSMo Chapter 486, a 'notarial act' encompasses all official acts that a commissioned notary public is authorized to perform. These include taking acknowledgments, administering oaths and affirmations, performing jurats, certifying copies of non-public documents, and other acts as authorized by law. Each notarial act has specific requirements that must be met, including proper identification of the signer, completion of the appropriate notarial certificate, and recording the act in the notary's journal. Performing acts outside the scope of authorized notarial acts is prohibited.

MO Notary Notarial Procedures 2

When performing a jurat in Missouri, what must the notary witness?