7.2 Prohibited Acts: False or Incomplete Certificates, Blank Documents, Photographs & Endorsements
Key Takeaways
A notary shall not execute a certificate containing information known or believed to be false, or sign or seal an incomplete certificate (Section 486.660(1)-(2)).
A notary shall not sign or seal a certificate except at the time of notarization and in the principal's presence, or send a signed or sealed certificate to be completed or attached elsewhere (Section 486.660(3)-(4)).
A notary shall not notarize a signature on a blank or incomplete document or on a document without certificate wording, and shall neither certify nor authenticate a photograph (Section 486.665).
A notary shall not perform any act with intent to deceive or defraud, or use the title or seal to endorse, promote, denounce, or oppose any product, service, contest, candidate, ballot measure, or offering (Section 486.670).
Knowingly executing a false certificate is a misdemeanor punishable by a fine up to $500, up to six months in jail, or both (Section 578.700.2(3)).
Most notary fraud cases involve one of a small number of practices: a false certificate, a certificate completed later, a blank document, or a notary's credibility used for someone else's purpose. Sections 486.660 to 486.670 RSMo prohibit each of them, and Section 578.700 attaches criminal penalties.
Certificate Prohibitions (Section 486.660)
A notary shall not:
| # | Prohibited act | Typical example |
|---|---|---|
| 1 | Execute a certificate containing information known or believed to be false | Writing "personally appeared" when the signer was not there; backdating a certificate |
| 2 | Affix the official signature or seal to a certificate that is incomplete | Stamping a certificate with the date or signer's name left blank |
| 3 | Affix the official signature or seal other than at the time of notarization and in the principal's presence | Signing and sealing the certificate the next morning after the signer left |
| 4 | Provide or send a signed or sealed certificate to another person with the understanding that it will be completed or attached to a document outside the notary's presence | Mailing pre-signed, pre-sealed certificates to an out-of-town client |
Backdating is a false certificate. The certificate date must be the date of the notarial act (Section 486.740.1(4)). A notary may correct a genuine error only through the Section 486.745.2 procedure (Section 2.5).
Document and Photograph Prohibitions (Section 486.665)
A notary shall not notarize a signature:
- on a blank or incomplete document; or
- on a document without notarial certificate wording.
And a notary "shall neither certify nor authenticate a photograph."
Handling these in practice:
- Blank spaces. Ask the signer to complete them, or to strike them out or mark them "N/A" before signing or acknowledging. A nonattorney notary may not tell the signer what to write (Section 486.675).
- No certificate wording. The signer or the receiving party chooses the act; the notary then attaches the matching certificate in the signer's presence (Section 486.745.1).
- Photographs. A request to certify that a photo is a "true likeness," or to stamp the back of a passport-style photo, must be refused. A notary may notarize a signature on a separate statement that a person signs, as long as the certificate does not certify or authenticate the photograph.
Deceit and Endorsements (Section 486.670)
- A notary shall not perform any notarial act with the intent to deceive or defraud.
- A notary shall not use the official notary title or seal to endorse, promote, denounce, or oppose any product, service, contest, candidate for political office, ballot measure for any election, or other offering.
Related rules keep the seal and title for official use only:
- The seal may not be used for any purpose other than performing notarial acts (Section 486.725.2).
- An electronic notary's registered electronic seal may be used only for lawful electronic notarizations, and the registered electronic signature may be used for other purposes only if no "notary" title appears in it (Sections 486.940.5-6 and 486.1170.5-6).
- A notary may not claim powers the chapter does not give, including the power to counsel on immigration (Section 486.680.1; Section 7.3).
Why These Rules Matter: Official Misconduct
Each prohibited act is official misconduct under Section 486.600(14), meaning performance of an act the chapter prohibits. Consequences can stack:
| Consequence | Source |
|---|---|
| Civil liability for all damages proximately caused | Section 486.805.1 |
| Claim against the $10,000 bond | Sections 486.615.1, 486.805.2 |
| Revocation, or suspension for conduct with a serious unlawful effect on the public | Sections 486.810, 486.815 |
| Misdemeanor for knowingly executing a false certificate under 486.660(1): fine up to $500, up to 6 months, or both | Section 578.700.2(3) |
| Misdemeanor for knowingly performing any other prohibited act | Section 578.700.3 |
Pressure From Others
Requests to break these rules often come from employers, clients, or relatives. Missouri law backs the notary who refuses:
- Anyone who knowingly solicits, coerces, or influences a notary to commit official misconduct commits a misdemeanor, fine up to $500 (Section 578.700.6).
- An employer is liable to a notary punished for refusing to violate the law (Section 486.805.4).
Exam Scenarios
- Pre-stamped stack. A real estate office asks its notary to sign and stamp blank acknowledgment certificates "to save time" for closings next week. This violates Section 486.660(2) and (4).
- Signer already left. The notary forgot to sign and seal a certificate before the signer left. The notary may not complete it later outside the principal's presence (Section 486.660(3)); the signer must come back for a new notarization.
- Campaign flyer. A notary who is running a local campaign prints "Endorsed by Mary Hill, Notary Public" with her seal image on flyers for a ballot measure. Section 486.670.2 forbids it.
A client asks a notary to sign and seal several blank certificates so his office can attach them to documents later. What does Section 486.660 RSMo provide?
It is permitted if the client is a licensed attorney
It is prohibited; incomplete certificates may not be sealed or sent to be completed later
It is permitted if the certificates are used within thirty days
It is permitted if the notary records each blank certificate in the journal before sending them
A customer asks a notary to certify that a photograph is a true likeness of her for a foreign application. What must the notary do?
Certify the photo if the customer shows a current passport
Perform a copy certification of the photograph for $3
Stamp the back of the photo and record the act in the journal
Refuse, because a notary shall neither certify nor authenticate a photograph
A notary prints her seal image on campaign flyers supporting a ballot measure. Which statement is correct?
It is allowed because ballot measures are not candidates
It is allowed if the flyers also show her commission number
It violates the ban on using the notary title or seal to promote a ballot measure
It is allowed if she pays for the flyers herself
Sections you finish are checked off in the contents.