On July 6, 2020, Governor Mike Parson signed into law Missouri HB 1655, which revises the statutes regarding notaries public and notarial acts.
Governor Parson previously issued Executive Order 20-08 on April 6, 2020, which suspended the requirement of personal appearance before a notary public, allowing notarization to be performed through audio-video technology, under certain circumstances. The operation of EO 20-08 was extended by Executive Order 20-10, and again with Executive Order 20-12 which authorizes remote online notarization until August 28, 2020, which is the effective date for Missouri HB 1655.
HB 1655 repeals the notary public provisions of Chapter 486 and enacts new provisions, including sections on electronic notarization and remote online notarization which relate to the certification of documents, and include processes for both the Recorder of Deeds and procedures for notaries public.
The bill also establishes safeguards to the certification process by holding notaries liable for damages caused by the notary’s negligence, intentional violation of law, or official misconduct in relation to a notarization.
Electronic Notarization
HB 1655 provides that conveyances of real property may be submitted in an electronic format for recording purposes. The bill also allows the requirement of notarization for a document or signature to be satisfied if the electronic signature of the authorized person is attached or logically associated with the document or signature. Under Mo. Rev. Stat. §59.569, paper copies of a document originally in an electronic format with an electronic signature can be recorded if a notary public certifies in a proper format that it is a true copy of such document. Notaries are authorized to electronically notarize acknowledgments, jurats, signature witnessing and copy certifications.
Remote Online Notarization
New Sections 486.1100 to 486.1205 regulate remote online notaries. The Missouri Secretary of State is directed to develop and maintain standards for remote online notarizations and approve applicable software that meets the defined criteria. In addition to standard notary requirements, a remote online notary must complete a course specific to the notarial laws, procedures and ethics related to remote online notarization. Notaries may charge a separate, additional fee for a remote online transaction if the notary and principal agree upon the fee in advance of service.
Only acknowledgments and jurats may be performed with remote online notarization and the notary is required to be present in the state of Missouri. The notarial certificate must indicate that the principal personally appeared “by means of communication technology.”
DocMagic will provide an updated acknowledgment and jurat that meet the new statutory requirements as of the effective date, August 28, 2020.
