1.5 Address & Name Changes, Resignation, Expiration & Death

Life events during a four-year term trigger short, specific deadlines. The most common exam mistake is using a 30-day period; Missouri's notice period for address and name changes is ten days.

Change of Address (Section 486.780)

Within ten days after a change of the notary's residence, business, or mailing address, the notary must send the Secretary a signed notice giving both the old and new addresses, with a $5 fee. The notice must go by a method that provides a tangible receipt, such as certified mail or electronic transmission. The Secretary accepts amendments online or on a printed amendment form.

If the address of the regular place of work or business changes, the notary may not perform any notarial act until all three of these are done (Section 486.780.2):

1. the notice has been delivered or transmitted;
2. the Secretary's confirmation of the change has been received; and
3. the surety for the bond has been informed in writing.

The handbook applies the same ten-day, $5 process to a change of employer or county. Because the notary's county appears on the seal, a notary whose county of commission changes must have a new stamp or embosser made with the new county.

Change of Name (Section 486.785)

Within ten days after a name change by court order or marriage, the notary sends the Secretary a signed notice giving the former and new names, a copy of the official authorization for the change, and a $5 fee, again by a method providing a tangible receipt.

The notary must continue using the former name until all four steps are complete:

1. the notice has been delivered or transmitted;
2. the Secretary's confirmation of the name change has been received;
3. a new seal bearing the new name exactly as in the confirmation has been obtained; and
4. the surety has been informed in writing.

Once the four steps are done, Section 486.785.3 requires the notary to use the new name. Missouri does not let a notary keep the old name until the term ends, and it does not allow mixing: the signature and the seal must always show the same commissioned name. The seal vendor will need a copy of the Secretary's confirmation to make the new seal (Section 486.735.5), and the Secretary's FAQ adds that the notary should notify the bonding company and submit an amended bond.

Resignation (Section 486.790)

A notary may resign at any time by sending the Secretary a signed notice stating the effective date, by a method providing a tangible receipt. Section 486.790.2 makes resignation mandatory for a notary who:

• "ceases to reside in or to maintain a regular place of work or business in this state"; or
• becomes permanently unable to perform notarial duties.

The Secretary must also revoke the commission of a notary who fails to maintain a Missouri residence or regular place of work or business and to maintain legal residence in the United States (Section 486.810.2). A notary whose connection to Missouri changes should contact the Commissions Division before notarizing again.

When a Commission Ends (Section 486.795)

If a commission expires, is resigned, or is revoked, the notary must:

1. destroy or deface all notary seals as soon as reasonably practicable so they cannot be misused; and
2. within thirty days after the effective date, deliver the journal and notarial records to the Secretary by a method that provides a tangible receipt (Sections 486.795.1(2) and 486.715.4).

Exception for reapplying notaries. A notary whose commission expired, who intends to apply for a new commission, and whose earlier commission or application was not revoked or denied, does not have to dispose of the journal within thirty days. He or she must do so within three months after expiration unless recommissioned within that period (Section 486.795.2).

Revoked commissions. A notary whose commission is revoked must forward the seal to the Secretary for disposal; failing to do so may be punished by a $500 fine at the Secretary's discretion (Section 486.725.6).

Death of a Notary (Section 486.800)

If a notary dies during the term, the notary's personal representative must:

1. notify the Secretary of the death in writing;
2. forward all notary seals to the Secretary as soon as reasonably practicable; and
3. within thirty days after the death, forward the journal and notarial records to the Secretary.

Deadline Summary

Electronic and remote online registrations follow the commission: any revocation, resignation, expiration, or other termination of the commission immediately terminates the electronic registration (Section 486.990.1), and the software, certificate, or token used only to make the notary's electronic seal or signature must be erased within thirty business days (Section 486.995; see Chapter 6).

Exam Scenarios

• Marriage. Rosa Diaz marries and becomes Rosa Grant. She files the notice and $5 within ten days, but her confirmation and new seal have not arrived. She keeps signing "Rosa Diaz" with her old seal until all four steps are complete.
• New office. Tom's employer moves him to a new building. Until his notice is delivered, the confirmation arrives, and his surety is told in writing, he may not notarize.
• Retiring notary. June's commission expires and she will not reapply. She defaces the seal and delivers her journal to the Secretary within thirty days.