6.1 In-Person Electronic Notarization: Registration, Acts, Seal & Journals

Missouri recognizes three ways to notarize: traditional paper, in-person electronic, and remote online notarization (the handbook's opening letter lists all three). This section covers in-person electronic notarization under Sections 486.900 to 486.1010 RSMo, in which the signer is physically present but the document is electronic, such as a PDF signed on a tablet.

Key Definitions (Section 486.900)

Sections 486.900-486.1010 supplement the paper rules; where they conflict, the electronic rules control for in-person electronic acts (Section 486.902).

Becoming an Electronic Notary

1. Be commissioned. A person must apply to be a commissioned Missouri notary before performing electronic acts (Section 486.905.1). The commission application and the electronic registration may be filed at the same time (Section 486.905.4).
2. Complete the course and examination. Before first registering, the notary completes a course of instruction approved by the Secretary, in addition to the commissioning course, and passes an examination based on it. The content is notarial laws, procedures, and ethics for electronic notarization (Section 486.910).
3. Register. The notary electronically signs and submits the Secretary's registration form (Section 486.920), which includes proof of the courses and exams; a description of each means for producing electronic signatures and seals; any keys, codes, or software needed to verify them; the licensed authorities issuing those means and their dates; any past revocation of such certificates; a declaration to use the means issued or authorized by the Secretary; and access instructions for the electronic journal.
4. Re-register at each recommissioning (Section 486.905.3).

The Secretary must deny a registration form containing a material misstatement or omission (Section 486.920.3), and the form is a closed record (Section 486.920.4). Registration lasts as long as the commission remains in effect or until terminated (Section 486.915). The Secretary's Electronic Notary Info page lists the steps: complete the online registration form, complete the online training course, and select from the list of approved software.

Acts and Principal Requirements

Under Section 486.925, these acts may be performed electronically: acknowledgment, jurat, signature witnessing, and copy certification.

Under Section 486.930, the principal must:

1. be in the presence of the notary at the time of notarization;
2. be personally known or identified by satisfactory evidence;
3. appear to understand the transaction;
4. appear to act of his or her own free will;
5. communicate directly with the notary in a language both understand; and
6. reasonably establish the electronic signature as his or her own.

Electronic Certificate, Signature, and Seal

A proper electronic certificate (Section 486.935) contains completed wording for the act, a registered electronic signature, and a registered electronic notary seal with:

• the notary's name exactly as spelled on the commissioning document;
• the jurisdiction that commissioned and registered the notary;
• the title "Electronic Notary Public";
• the commission or registration number; and
• the commission expiration date.

Under Section 486.940, the registered electronic signature must be unique to the notary, capable of independent verification, attached so that any later alteration of the certificate or document prominently displays evidence of the alteration, and attached by a means under the notary's sole control. An employer may not use or control the means, or keep any software, certificate, card, or token that exists only to produce the notary's electronic signature or seal, even if the employer paid for it. The notary may use the registered electronic signature for other lawful purposes only if no "notary" title appears in it; the electronic seal may be used only for electronic notarizations.

Journals (Sections 486.945-486.950)

An electronic notary keeps both:

• the permanently bound journal, including a record of electronic acts; and
• an electronic journal of electronic acts, with a backup.

The electronic journal must use two-factor authentication for access; must not allow any entry to be deleted or altered in content or sequence until the retention period passes; must have a backup system; must capture a handwritten or electronic signature image plus one other recognized biometric identifier; and must be able to print and provide copies. Entries are kept at least ten years. Each entry also names any authority issuing the means used to create the notarized electronic signature (Section 486.947.1(9)).

Fees and Advertising (Sections 486.960-486.965)

Maximum fees are $5 per signature for an electronic acknowledgment, jurat, or signature witnessing. Travel-fee, nondiscrimination, employer, prepayment, and refund rules mirror the paper rules. A charging electronic notary must display an English fee schedule in at least 12-point type in all places of business and on internet sites.

Changes, Compromise, and Termination

Exam Scenarios

• Tablet closing. Borrowers sit across the table and sign a PDF loan document on a tablet. A registered electronic notary may perform the acknowledgments electronically in person.
• Not registered. A commissioned notary who has not registered may decline an electronic request. Section 486.650.2(4) excuses performing an electronic act when the notary is not registered.
• Stolen token. A notary's signing token is stolen. She notifies the Secretary immediately and stops using it, and her electronic status is suspended unless she has another registered means.