☰ Revisor of Missouri

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Chapter 486

Effective - 28 Aug 2020 bottom

  486.645.  Limitation on notarial acts, principal requirements — disqualification of notary, when — nonnotarial fee permitted, when. — 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.

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(L. 2020 H.B. 1655)


---- end of effective   28 Aug 2020 ----

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