2.5 Notarial Certificate Requirements, Attachments & Corrections

The notarial certificate is the notary's written statement of what happened. Section 486.600(11) defines it as the part of, or attachment to, a notarized document that the notary completes, that bears the official signature and seal, and that states the date, venue, and facts attested. The handbook summarizes the point: a proper notarization includes proper notary wording, the seal, and the official signature.

Required Elements (Section 486.740.1)

For every notarial act involving a document, the certificate must contain or state:

1. the official signature of the notary;
2. an impression of the official seal;
3. the venue of the act, where the notary is located, including the name of the state and the county;
4. the date of the notarial act; and
5. the facts and particulars attested in that act.

The official signature is a handwritten signature using the exact name in the notary's commission, made with intent to perform a notarial act (Section 486.600(16)). The seal goes near the signature, and the seal may not be placed over printed or written matter (Section 486.730).

When the Wording Is Sufficient (Section 486.740.2)

A certificate is sufficient if it has the five elements and its form:

• is set out in Chapter 486 (Sections 486.750-486.765);
• is otherwise prescribed by Missouri law;
• is prescribed by another jurisdiction's law, regulation, or custom, if it does not require the notary to do anything Missouri law does not authorize; or
• describes the notary's actions well enough to meet the requirements of the act.

The certificate must be worded and completed only in letters, characters, and a language the notary reads, writes, and understands (Section 486.740.3).

Attaching a Loose Certificate (Section 486.745.1)

When the document lacks wording, or its wording cannot be used, the notary attaches a separate certificate. That certificate must:

Many notaries also write a short description of the document (title, date, number of pages) on the attached certificate so it cannot be easily moved to a different document. The statute does not require this, but it is good practice.

Prohibited Certificate Practices

Sections 486.660 and 486.665.1 list the practices most likely to produce a fraudulent document. A notary shall not:

• execute a certificate containing information known or believed to be false;
• affix the official signature or seal to a certificate that is incomplete;
• sign or seal a certificate other than at the time of notarization and in the principal's presence;
• send a signed or sealed certificate to anyone with the understanding that it will be completed or attached outside the notary's presence;
• notarize a signature on a blank or incomplete document; or
• notarize a signature on a document without notarial certificate wording.

When a document has no certificate wording, the signer or the person who will receive the document decides which notarial act is needed. A nonattorney notary may describe the acts, but may not select the document or transaction for the signer (Section 486.675.1).

Correcting a Certificate Error (Section 486.745.2)

Mistakes happen, such as a wrong date or a missing county. A notary may correct an error or omission in a certificate that notary made only if:

1. the original certificate and document are returned to the notary;
2. the notary verifies the error by checking the journal entry, the document, or other determinative written evidence;
3. the notary legibly corrects the certificate and initials and dates the correction in ink, or replaces the original certificate with a correct one; and
4. the notary adds a notation to the journal entry stating the nature and date of the correction (also required by Section 486.705.4).

A notary may never "correct" someone else's certificate, and may not alter a certificate from memory without verifying the facts.

Common Defects Checklist

Exam Scenarios

• Wrong date discovered later. A title company returns a deed whose certificate shows the wrong day. The notary checks the journal, crosses through and corrects the date, initials and dates the change in ink, and adds a notation to the journal entry.
• Missing wording. A signer brings a letter with no certificate and asks the notary to "pick whatever works." The notary explains the available acts, but the signer or the receiving agency must decide. The notary then attaches the chosen certificate, completed in the signer's presence.
• Mailed certificate. An out-of-town client asks the notary to mail a signed and sealed acknowledgment certificate so it can be attached later. Section 486.660(4) forbids it.