7.1 Disqualifying Interests, Relatives & the Duty to Perform
Key Takeaways
A notary is disqualified if he or she is a party to or named in the document (Section 486.645.3(1)).
A notary is disqualified if he or she will receive any consideration exceeding the Section 486.685 fees, except a non-contingent signing agent fee (Section 486.645.3(2), .4).
A notary may not notarize for a spouse, domestic partner, ancestor, descendant, or sibling, including in-law, step, and half relatives (Section 486.645.3(3)).
A notary must perform requested acts for anyone who tenders the fee unless the act is unlawful, prohibited, impractical at that moment (then scheduled without unreasonable delay), or electronic and the notary is not registered (Section 486.650.2).
A notary may not refuse service based on race, color, religion, national origin, sex, ancestry, age, or disability, may not influence a person to enter or avoid a transaction, and has no authority to investigate it (Sections 486.650.1, 486.655).
A notary is an impartial public officer. The handbook puts it simply: "A notary cannot notarize his or her own signature. A notary is to be an impartial witness." Chapter 486 turns impartiality into specific rules: when a notary is disqualified, when a notary must serve, and what a notary may not do to the transaction.
Disqualification (Section 486.645.3)
A notary "shall be disqualified from performing a notarial act" if the notary:
- is a party to or named in the document to be notarized;
- will receive, directly or indirectly, any commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the fees specified in Section 486.685; or
- is a spouse, domestic partner, ancestor, descendant, or sibling of the principal, including in-law, step, and half relatives.
Applying the Relative Rule
| Relationship to the principal | Disqualified? |
|---|---|
| Spouse or domestic partner | Yes |
| Parent, grandparent (ancestor) | Yes |
| Child, grandchild (descendant) | Yes |
| Brother or sister, including half-sibling and stepsibling | Yes |
| Mother-in-law, father-in-law, son-in-law, daughter-in-law, brother- or sister-in-law | Yes (in-law ancestors, descendants, siblings) |
| Stepparent, stepchild | Yes |
| Cousin | Not listed in the statute |
| Aunt, uncle, niece, nephew | Not listed in the statute |
| Coworker or friend with no interest | No |
The Secretary's FAQ states the rule plainly: "A notary shall not notarize for a spouse, domestic partner, ancestor, descendant, or sibling of the principal, including in-law, step, and half relatives." Relatives the statute does not list are not automatically disqualified, but the notary must still have no interest in the document under subdivisions (1) and (2).
Own Signature and Named Parties
A notary may never notarize his or her own signature; the Secretary's FAQ cites the "party to or named in the document" rule in answering that question. A notary named as a beneficiary, grantee, agent, or trustee in a document is likewise disqualified, even if someone else signs it.
Financial Interest and the Signing-Agent Exception
Receiving anything worth more than the statutory fee disqualifies the notary. A real estate agent-notary who would earn a sales commission on the deal, or a lender employee paid a bonus only if the loan closes, has a disqualifying interest in notarizing those documents.
Section 486.645.4 creates one exception: a notary may collect a nonnotarial fee for services as a signing agent if payment is not contingent on the signing, initialing, or notarization of any document. A flat fee for printing, delivering, and presenting a loan package, paid whether or not the borrower signs, is allowed. A fee paid only "if the loan funds" is not.
The Duty to Perform (Section 486.650)
A notary is a public officer and generally may not pick and choose customers.
Nondiscrimination. A notary "shall not refuse to perform a notarial act based on the characteristics protected from employment discrimination" in Section 213.055 RSMo: race, color, religion, national origin, sex, ancestry, age, or disability (Section 486.650.1). The same characteristics may not be used to set different fees (Sections 486.685.4 and 486.695.1).
Duty to serve. A notary "shall perform any notarial act described in section 486.640 for any person requesting such a notarial act who tenders the appropriate fee," unless (Section 486.650.2):
- the notary knows or reasonably believes the act or the associated transaction is unlawful;
- the act is prohibited by Section 486.645 (presence, identity, understanding, free will, language, disqualification) or by the nondiscrimination rule;
- the number or timing of the requested acts makes completion at that time impracticable, in which case the notary arranges later completion without unreasonable delay; or
- the request is for an electronic act and the notary is not registered to notarize electronically.
No Influence, No Investigation (Section 486.655)
- Except when refusing under Section 486.650.2, a notary shall not influence a person either to enter into or avoid a transaction involving the notary's notarial act. "Don't sign that; it's a bad deal" crosses the line.
- A commission does not authorize the notary to investigate, ascertain, or attest to the lawfulness, propriety, accuracy, or truthfulness of a document or transaction. The notary verifies identity, presence, willingness, and certificate facts, and does not vouch for the deal itself.
A related rule bars nonattorney notaries from helping draft, select, complete, or explain the document (Section 486.675; see Section 7.3).
Exam Scenarios
- Stepbrother's affidavit. A notary's stepbrother asks for a jurat. Step siblings are within the disqualified relationships, so the notary must decline.
- Cousin's deed. A first cousin asks for an acknowledgment. Cousins are not listed in Section 486.645.3(3); if the notary has no interest in the deed, the notary may proceed.
- Closing-time pile. A customer arrives at 4:55 p.m. with 60 documents. The notary may arrange to finish them later, without unreasonable delay, under Section 486.650.2(3).
For which person may a Missouri notary lawfully notarize a signature, assuming no other interest in the document?
The notary's stepsister on her father's side
The notary's mother-in-law, her husband's mother
The notary's domestic partner
A coworker who is not related to the notary
A loan signing company pays a notary a flat $100 for printing and presenting a loan package, whether or not the borrower signs. How does Section 486.645 RSMo treat this fee?
It disqualifies the notary because the payment exceeds the $5 notarial fee for an acknowledgment
It is permitted only if the notary charges no notarial fees at all
It is a permitted signing agent fee because it does not depend on signing
It must be reported to the Secretary of State as notary income
A customer arrives at closing time with sixty documents to notarize. What does Section 486.650 RSMo allow?
The notary may refuse permanently because the request is large
The notary may arrange to complete them later without unreasonable delay
The notary must notarize all of them that day without breaks
The notary may charge double the statutory fee because the work runs past closing time
Sections you finish are checked off in the contents.