Effective - 28 Aug 2020
486.775. Notarial act may be performed, when — seal, signature, title, prima facie evidence, when — reciprocity, when. — 1. A notarial act may be performed within this state by the following persons:
(1) A notary of this state;
(2) A judge, clerk, or deputy clerk of any court of this state; or
(3) Any other person authorized by the law of this state to perform a specific notarial act.
2. The official signature, seal, and title of a person authorized by subsection 1 of this section to perform a notarial act shall be considered prima facie evidence that the signature and seal are genuine and that the person holds the indicated title.
3. A notarial act shall have the same effect under the law of this state as if performed by a notarial officer of this state if performed in another state, commonwealth, territory, district, or possession of the United States by any of the following persons:
(1) A notary of that jurisdiction;
(2) A judge, clerk, or deputy clerk of a court of that jurisdiction; or
(3) Any other person authorized by the law of that jurisdiction to perform notarial acts.
4. The official signature, title, and, if required by law, seal of a person whose authority to perform notarial acts is recognized by subsection 3 of this section shall be considered prima facie evidence that the signature and seal are genuine and that the person holds the indicated title, and, except in the case of subdivision (3) of subsection 3 of this section, shall conclusively establish the authority of a holder of that title to perform a notarial act.
5. A notarial act shall have the same effect under the law of this state as if performed by a notarial officer of this state if performed anywhere by any of the following persons under authority granted by the law of the United States:
(1) A judge, clerk, or deputy clerk of a court;
(2) A commissioned United States military officer on active duty;
(3) A foreign service or consular officer of the United States; or
(4) Any other person authorized by federal law to perform notarial acts.
6. The official signature, title, and, if required by law, seal of a person whose authority to perform notarial acts is recognized by subsection 5 of this section shall be considered prima facie evidence that the signature and seal are genuine, that the person holds the indicated title, and, except in the case of subdivision (4) of subsection 5 of this section, shall conclusively establish the authority of a holder of that title to perform a notarial act.
7. A notarial act shall have the same effect under the law of this state as if performed by a notarial officer of this state if performed within the jurisdiction and under authority of a foreign nation or its constituent units or a multinational or international organization by any of the following persons:
(1) A notary or other notarial officer;
(2) A judge, clerk, or deputy clerk of a court of record; or
(3) Any other person authorized by the law of that jurisdiction to perform notarial acts.
8. The official seal or stamp of a person whose authority to perform notarial acts shall be recognized by subsection 7 of this section shall be considered prima facie evidence that the signature is genuine, that the person holds the indicated title, and, except in the case of subdivision (3) of subsection 7 of this section, shall conclusively establish the authority of a holder of that title to perform a notarial act.
9. The authority of an officer to perform notarial acts shall be conclusively established if the title of the office and indication of authority to perform notarial acts appears either in a digest of foreign law or a list customarily used as a source for that information.
10. An apostille in the form prescribed by subsection 3 of section 486.770 shall conclusively establish that the signature and seal of the notarial officer referenced in the apostille are genuine and that the person holds the indicated office.
11. A certificate of a foreign service or consular officer of the United States stationed in the nation under whose jurisdiction the notarial act was performed, or a certificate of a foreign service or consular officer of that nation stationed in the United States, conclusively establishes any matter relating to the authenticity or validity of the notarial act referenced in the certificate.
12. Nothing in this section shall be construed to permit a notary of this state to perform a notarial act outside of this state without meeting the legal requirements of the state, commonwealth, territory, district or possession of the United States, or foreign nation in which the notarial act is performed.
--------
(L. 2020 H.B. 1655)
Structure Missouri Revised Statutes
Chapter 486 - Commissioners of Deeds and Notaries Public
Section 486.100 - Appointment — powers generally.
Section 486.110 - Official oath.
Section 486.120 - Effect of authentication by commissioner.
Section 486.130 - Additional powers — oaths — depositions.
Section 486.600 - Definitions.
Section 486.610 - Notary, term of commission — grandfather provision.
Section 486.620 - Secretary to prepare notary commission, duties — register of notaries.
Section 486.625 - Application, procedure.
Section 486.630 - Application, contents — declaration — application fee.
Section 486.635 - Application records, limitations on disclosure.
Section 486.640 - Notarial acts authorized to be performed by notary.
Section 486.650 - Refusal to perform notarial act prohibited, when — exceptions.
Section 486.660 - Prohibited acts.
Section 486.665 - Signatures and photographs, prohibited acts.
Section 486.670 - Intent to deceive or defraud prohibited — prohibited uses of title or seal.
Section 486.675 - Nonattorney notaries, prohibited acts.
Section 486.690 - Fees, payment prior to services — nonrefundable, when.
Section 486.695 - Notary's employer may prohibit charging of fees, when.
Section 486.700 - Journal to be maintained, requirements.
Section 486.705 - Journal contents.
Section 486.710 - Examination and copying of journal — fee for certified copy, exception.
Section 486.715 - Safeguarding of journal, requirements.
Section 486.730 - Official seal, placement of, elements.
Section 486.740 - Notarial certificate required, contents, form.
Section 486.750 - Form of certificate.
Section 486.755 - Jurat certificate form.
Section 486.760 - Signature form.
Section 486.765 - Certified copy form.
Section 486.780 - Change of address of notary, requirements.
Section 486.785 - Change of notary's name, requirements.
Section 486.790 - Resignation of notary commission.
Section 486.795 - Expiration, resignation, or revocation of notary commission, requirements.
Section 486.800 - Death of notary, personal representative duties.
Section 486.805 - Liability for damages by notary, surety, or employer of notary, when.
Section 486.810 - Revocation of commission, when — procedure.
Section 486.815 - Suspension of notary commission.
Section 486.820 - List of suspended or revoked commissions, publication of.
Section 486.825 - Additional sanctions permitted.
Section 486.830 - Rulemaking authority.
Section 486.900 - Definitions.
Section 486.902 - Controlling law.
Section 486.905 - Electronic notaries, commission, registration.
Section 486.910 - Course of instruction required.
Section 486.915 - Term of registration.
Section 486.925 - Electronic notarial acts authorized.
Section 486.930 - Electronic notarization, principal requirements.
Section 486.935 - Electronic notarial certificate, contents, wording.
Section 486.940 - Electronic signature and seal, requirements — employers, restrictions.
Section 486.945 - Journal of notarial acts, requirements.
Section 486.947 - Journal recordings.
Section 486.955 - Resignation, revocation, expiration, or death of electronic notary.
Section 486.965 - Fees, payment of prior to performance — nonrefundable, when.
Section 486.975 - Fee for electronic certificate of authority.
Section 486.980 - Electronic notary's e-mail address change, other changes, requirements.
Section 486.985 - Production of electronic signature or seal, compromise of, requirements.
Section 486.995 - Notary representative's duties upon termination of electronic notary commission.
Section 486.1005 - Secretary to terminate electronic notary's registration, when — procedure.
Section 486.1010 - Impersonating or improperly influencing an electronic notary, penalties.
Section 486.1100 - Definitions.
Section 486.1105 - Controlling law.
Section 486.1110 - Rulemaking authority.
Section 486.1115 - Standards for remote online notarization, secretary's duties.
Section 486.1120 - Notary commission and registration required.
Section 486.1125 - Course of instruction required, content.
Section 486.1135 - Term of registration.
Section 486.1140 - Permissible remote online notarial acts.
Section 486.1145 - Audio-video communication, use of, requirements.
Section 486.1150 - Principal requirements for remote online notarization.
Section 486.1160 - Additional transaction fee.
Section 486.1165 - Remote online notarial certificate, contents, wording.
Section 486.1175 - Jurat certificate form — signature form.
Section 486.1180 - Electronic journals.
Section 486.1185 - Electronic journal recording requirements.
Section 486.1195 - Audio and video recording of performance of notarial acts, when, requirements.
Section 486.1200 - Safeguarding electronic documents, signature, and seal.
Section 486.1205 - Remote online notary — resignation, revocation, expiration, or death — procedure.