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Current as of January 01, 2023 | Updated by FindLaw Staff
1. A notary shall perform a notarial act only if the principal:
(1) Is in the presence of the notary at the time of notarization;
(2) Is personally known to the notary or identified by the notary through satisfactory evidence;
(3) Appears to understand the nature of the transaction requiring a notarial act;
(4) Appears to be acting of his or her own free will;
(5) Signs using letters or characters of a language that is understood by the notary; and
(6) Communicates directly with the notary in a language both understand.
2. A notary may certify the affixation of a signature by mark by a principal on a document presented for notarization if:
(1) The mark is affixed in the presence of the notary and two witnesses disinterested in the document;
(2) Both witnesses sign their own names beside the mark;
(3) The notary writes below the mark: “Mark affixed by (name of signer by mark) in the presence of (names and addresses of two witnesses) and the undersigned notary pursuant to section 486.645, RSMo”; and
(4) The notary notarizes the signature by mark through an acknowledgment, jurat, or signature witnessing.
3. A notary shall be disqualified from performing a notarial act if the notary:
(1) Is a party to or named in the document that is to be notarized;
(2) Will receive as a direct or indirect result any commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the fees specified in section 486.685; or
(3) Is a spouse, domestic partner, ancestor, descendant, or sibling of the principal, including in-law, step, and half relatives.
4. Notwithstanding subdivision (2) of subsection 3 of this section to the contrary, a notary may collect a nonnotarial fee for services as a signing agent if payment of such fee is not contingent upon the signing, initialing, or notarization of any document.
Cite this article: FindLaw.com - Missouri Revised Statutes Title XXXII. Courts § 486.645. Limitation on notarial acts, principal requirements--disqualification of notary, when--nonnotarial fee permitted, when - last updated January 01, 2023 | https://codes.findlaw.com/mo/title-xxxii-courts/mo-rev-st-486-645/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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