1.4 Commission Term, Statewide Jurisdiction & Other Notarial Officers
Key Takeaways
Section 486.610.1 RSMo lets a notary perform notarial acts in any part of Missouri, and only in Missouri, for a term of four years unless the commission is revoked or resigned earlier.
A nonresident notary may notarize in any Missouri county, but only in the course of the Missouri employment that qualified him or her.
Judges, court clerks, and deputy clerks of Missouri courts may also perform notarial acts in Missouri, and certified court reporters may administer oaths under Section 492.010.
Missouri gives notarial acts by other states' notaries, active-duty commissioned U.S. military officers, and U.S. consular officers the same effect as acts by Missouri notarial officers (Section 486.775).
Each new commission carries a new expiration date, so the notary must buy a new seal for every term.
Two limits define every Missouri commission: time (a four-year term) and place (Missouri only). Both come from Section 486.610.1 RSMo: "A person commissioned as a notary may perform notarial acts in any part of this state, and only in this state, for a term of four years, unless the commission is earlier revoked under section 486.810 or resigned under section 486.790."
The Four-Year Term
- The term runs four years from the commission's issue date, and the bond must cover exactly the same four years (Section 486.615.1). The Secretary's FAQ gives the example of a commission issued 7/27/2020 that expires 7/27/2024.
- A commission can end early by revocation (Section 486.810) or resignation (Section 486.790).
- There is no automatic renewal and no grace period. When the term ends, the authority ends. A former notary who knowingly keeps notarizing is a person who "is not a notary and who knowingly acts as" one, a misdemeanor under Section 578.700.4.
- Every new commission has a new expiration date, so the FAQ requires a new seal for each term.
The 2020 Grandfather Clause
House Bill 1655 rewrote Chapter 486 effective August 28, 2020. Section 486.610.2 preserved the bond, seal, term length, and liability of notaries commissioned before that date, but required every notary to follow the new chapter when notarizing and when applying for a new commission after August 28, 2020. Because terms last four years, every pre-2020 commission has now expired, so all current notaries operate entirely under the 2020 law.
Statewide, and Only Statewide
A notary is commissioned for a county (residence or regular place of work), but the county does not limit where he or she may act.
| Question | Answer |
|---|---|
| Can a resident notary commissioned in Greene County notarize in Jackson County? | Yes. A resident notary may notarize in any county in Missouri and the City of St. Louis. |
| Can a nonresident notary notarize anywhere in Missouri? | Yes, in any county, but only in the course of the Missouri employment that qualified him or her (Secretary of State FAQ). |
| Can a Missouri notary notarize in Illinois or Kansas? | No. The commission is valid only in Missouri. |
| Can a Missouri notary notarize a document that came from another state? | Yes, as long as it is signed and notarized in Missouri (handbook). |
| Can a Missouri notary transfer a commission from another state? | No. Each state commissions its own notaries; a new Missouri application is required (FAQ). |
Section 486.775.12 confirms the limit from the other direction: nothing in Missouri law permits a Missouri notary to perform a notarial act outside Missouri without meeting the legal requirements of the place where the act is performed.
The venue on a certificate states where the notary is located when the act is performed, including the state and county (Section 486.740.1(3)). A notary commissioned in St. Charles County who notarizes in Boone County writes "State of Missouri, County of Boone."
Remote online notarization does not change the rule for the notary: a remote online notary must be physically located in Missouri during the act, even though the signer may be elsewhere (Section 486.1155; see Chapter 6).
Who Else May Perform Notarial Acts in Missouri
Under Section 486.775.1, a notarial act may be performed in Missouri by:
- a Missouri notary;
- a judge, clerk, or deputy clerk of any Missouri court; or
- any other person authorized by Missouri law to perform a specific notarial act.
Section 492.010 RSMo separately authorizes courts, judges, clerks, notaries, certified court reporters, and certified shorthand reporters to administer oaths and affirmations and take affidavits and depositions within their jurisdictions.
The official signature, seal, and title of these officers are prima facie evidence that the signature and seal are genuine and that the person holds the title (Section 486.775.2).
Notarial Acts Missouri Recognizes From Elsewhere
| Where and by whom | Statute | Effect in Missouri |
|---|---|---|
| Another state, commonwealth, territory, district, or U.S. possession, by its notary, a judge, clerk, or deputy clerk, or another person authorized there | 486.775.3 | Same effect as if performed by a Missouri notarial officer |
| Anywhere, under federal authority, by a judge, clerk, or deputy clerk, a commissioned U.S. military officer on active duty, a U.S. foreign service or consular officer, or another person authorized by federal law | 486.775.5 | Same effect |
| A foreign nation or international organization, by its notary or other notarial officer, a judge, clerk, or deputy clerk of a court of record, or another authorized person | 486.775.7 | Same effect |
For foreign acts, an apostille in the Hague Convention form conclusively establishes that the signature and seal are genuine and that the person holds the office (Section 486.775.10), and a certificate from a U.S. consular officer stationed in that nation, or from that nation's consular officer stationed in the United States, conclusively establishes the act's authenticity (Section 486.775.11). Section 2.6 covers authentication in the other direction, for Missouri documents sent elsewhere.
Exam Scenarios
- Mobile signing across counties. A Cole County notary travels to Callaway, Osage, and Boone counties for loan signings. All are lawful; each certificate's venue names the county where the notary performed that act.
- Across the river. A client asks a Kansas City, Missouri notary to meet in Overland Park, Kansas. The notary must decline; a Missouri commission has no authority in Kansas.
- Military power of attorney. A deed acknowledged overseas before a commissioned Army officer on active duty has the same effect in Missouri as a Missouri notarization (Section 486.775.5).
A notary commissioned for Greene County is asked to notarize a document in St. Louis County. What does Missouri law provide?
The notary may act only in Greene County and the counties next to it
The notary must obtain a second commission for St. Louis County
The notary may act there, because a commission covers any part of Missouri
The notary may act only after notifying the St. Louis County clerk
A nonresident Missouri notary lives in Iowa and works for a Kirksville, Missouri employer. Where may this notary perform notarial acts?
Only inside the employer's building in Kirksville
In any Missouri county, but only in the course of the Missouri employment
Anywhere in Missouri or Iowa for any customer
Only in Adair County for customers who live in Missouri
Which of these persons, acting abroad under federal authority, performs a notarial act that Missouri gives the same effect as a Missouri notarization?
A retired U.S. Army sergeant living overseas in Germany
A commissioned U.S. military officer on active duty
An American attorney licensed only in Missouri who lives abroad
A private U.S. citizen employed overseas by a foreign commercial bank
Sections you finish are checked off in the contents.