MS Notary Notary Commission and Appointment 3 — Questions and Answers
Question 1: What is the primary purpose of the surety bond required of Mississippi notaries?
- To pay the notary's application fees
- To compensate the public for losses caused by the notary's misconduct (Correct answer)
- To guarantee the notary passes a background check
- To ensure the notary maintains their journal
Correct answer: To compensate the public for losses caused by the notary's misconduct
The surety bond protects the public by providing financial recourse if the notary causes harm through negligence or misconduct.
Question 2: Which of the following is NOT a requirement to become a notary public in Mississippi?
- Being at least 18 years old
- Passing a state-administered notary examination (Correct answer)
- Filing a surety bond
- Being a Mississippi resident or having a place of business in the state
Correct answer: Passing a state-administered notary examination
Mississippi does not require applicants to pass a formal state examination to receive a notary commission.
Question 3: A Mississippi notary must take an oath of office before which official?
- A sitting judge
- The Secretary of State
- The circuit court clerk (Correct answer)
- A senior commissioned notary
Correct answer: The circuit court clerk
The oath of office must be administered by the circuit court clerk, who also issues the commission.
Question 4: What should a Mississippi notary do if they change their name after receiving their commission?
- Continue using their commission under the old name until it expires
- Notify the circuit court clerk and update their commission information (Correct answer)
- Surrender the old commission and wait 90 days before reapplying
- File the name change only with the Secretary of State's office
Correct answer: Notify the circuit court clerk and update their commission information
A notary must notify the circuit court clerk of a name change and update their commission to ensure official records are accurate.
Question 5: Who is legally responsible if a Mississippi notary's misconduct causes financial harm to a member of the public?
- Only the surety bond company
- The circuit court clerk who issued the commission
- The notary and potentially the surety bond company (Correct answer)
- The employer of the notary
Correct answer: The notary and potentially the surety bond company
The notary bears personal liability for misconduct, and the surety bond company may compensate the harmed party up to the bond amount.
Question 6: A Mississippi notary applicant who does not reside in the state but has a principal place of business there must provide proof of:
- State income tax payment in Mississippi
- Their out-of-state residence address only
- Their Mississippi business address and location (Correct answer)
- Federal employment in Mississippi
Correct answer: Their Mississippi business address and location
Non-residents qualifying through a business must demonstrate that the business is located within Mississippi to satisfy the residency alternative.
Question 7: How must a Mississippi notary store their commission certificate?
- Filed with the Secretary of State at all times
- Kept in a secure location accessible when needed (Correct answer)
- Submitted to their employer for safekeeping
- Posted publicly at their place of business at all times
Correct answer: Kept in a secure location accessible when needed
The notary is responsible for keeping their commission certificate secure and accessible, though Mississippi law does not mandate public posting.
MS Notary Notary Commission and Appointment 3
What is the primary purpose of the surety bond required of Mississippi notaries?