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In-Person Paper Notarizations

Am I required by law to maintain a notary journal in Missouri?

Yes, a notary public in the State of Missouri must maintain a notary journal.

Journal format

In-person paper notarizations

 

 "486.700.  Journal to be maintained, requirements. — 

  • 1.  A notary shall keep, maintain, protect, and provide for lawful inspection a chronological journal of notarial acts that is a permanently bound book with numbered pages. 

  • 2.  A notary shall maintain only one active permanently bound journal at the same time

  • 3.  A notary shall keep the permanently bound journal for a period of no less than ten years from the date of the last entry."

 

In-person electronic notarizations

 

If you are performing in-person electronic notarizations, you must maintain both an electronic journal as well as a paper/hardbound journal as described above pursuant to RSMo 486.945.2 and 486.1180.1

Journal entry requirements

  • The date and time of day of the notarial act;

  • The type of notarial act;The type, title, or a description of the document or proceeding;

  • The signature, printed name, and address of each principal;

  • The printed name and address of each requester of fact;

  • The evidence of identity of each principal in the form of either:

  1. (a) A statement that the person is personally known to the notary;

  2. (b) A notation of the type of identification document, its issuing agency, its serial or identification number, and its date of issuance or expiration; or

  3. (c) The handwritten signature and the name and address of each credible witness swearing or affirming to the principal’s identity, and for credible witnesses who are not personally known to the notary, a description of the identification documents relied on by the notary;

  • The fee, if any, charged for the notarial act; and

  • The address where the notarial act was performed, if not the address of the notary’s regular place of work or business.

Journal retention

10 years

What happens to the journal upon resignation or death?

“Upon resignation, revocation, or expiration of a notary commission, or death of the notary, the journal and notarial records shall be delivered to the secretary in accordance with [RSMo] section 486.795 or [RSMo] section 486.800 by any means providing a tangible receipt, including certified mail and electronic transmission” (RSMo 486.715.3)

Remote Online Notarizations

Is Remote Online Notarization (RON) approved in the State of Missouri?

Yes, notaries in the State of Missouri are authorized to perform remote online notarizations

Do I have to record the Remote Online Notarization session?

Yes

“The remote online notary public shall create an audio and video recording of the performance of the notarial act. The recording required by this section shall be maintained for at least ten years after the date of the transaction or proceeding. The secretary of state shall promulgate rules establishing standards for the retention of a video and audio recording of the performance of the notarial act. Such rules shall be subject to the limitations in [RSMo] section 486.830” (RSMo 486.1195.1-.3).

What is the retention period for RON recordings?

10 years

Do I have to log RON sessions in a journal?

Yes, Missouri notaries performing RON notarizations must log the sessions in both a paper/hardbound journal & an electronic journal

 

"(1) The notary shall keep an electronic journal of remote online notarial acts as described in section 486.1190; and (2) The notary shall also keep a record of remote online notarial acts in the permanently bound journal."

(RSMo 486.945.2 and 486.1180.1)

Journal format

Missouri notaries performing RON notarizations must log the sessions in both a paper/hardbound journal & an electronic journal

 

"(1) The notary shall keep an electronic journal of remote online notarial acts as described in section 486.1190; and (2) The notary shall also keep a record of remote online notarial acts in the permanently bound journal."(RSMo 486.945.2 and 486.1180.1)

Journal entry requirements

  • (1) The date and time of day of the remote online notarial act;

  • (2) The type of remote online notarial act;

  • (3) The type, title, or a description of the document or proceeding;

  • (4) The electronic signature, printed name, and address of each principal;

  • (5) The printed name and address of each requester of fact;

  • (6) The evidence of identity of each principal in the form of either:

  1. A statement that the person is personally known to the notary;

  2. A notation of the type of identification document, its issuing agency, its serial or identification number, and its date of issuance or expiration;

  3. The electronic signature, printed name, and address of each credible witness swearing or affirming to the principal's identity, and for credible witnesses who are not personally known to the notary, a description of the identification documents relied on by the notary; or

  4. In the case of an electronic journal, a recognized biometric identifier, in accordance with subdivision (4) of subsection 1 of section 486.1190;

  • (7)  The fee, if any, charged for the remote online notarial act;

  • (8) The address where the remote online notarial act was performed, if not the address of the notary's regular place of work or business; and

  • (9) The name of the program or software any authority issuing or registering the means used to create the electronic signature that was notarized and the source of this authority's license, if any

 

https://revisor.mo.gov/main/OneSection.aspx?section=486.1185&bid=48563

RON recordings & journal upon death

Upon resignation, revocation, or expiration of a notary commission, or death of the remote online notary:

  • (1)  The journal and notarial records shall be delivered to the secretary in accordance with section 486.795 or 486.800 by any means providing a tangible receipt, including certified mail and electronic transmission, allowing that an electronic journal may be delivered on disk, printed on paper, or transmitted electronically, in accordance with the requirements of the secretary; and

  • (2) In the case of an electronic journal and its backup copy whose disks or other physical storage media are not required to be surrendered, no further entries shall be made in the journal and its backup, both of which shall be safeguarded until both shall be erased or expunged after ten years from the date of the last entry by the notary or the notary's personal representative.

Reference Links

Helpful resources for Missouri Notaries

  1. Revisor of Missouri Statutes

  2. Missouri Secretary of State

  3. “A Notary’s Guide to Completing Journal Entries”

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser

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