MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Judiciary, Division B
By: Senator(s) Ross
AN ACT TO ENACT THE MISSISSIPPI NOTARY ACT; CREATE NEW SECTION 25-33-101, MISSISSIPPI CODE OF 1972, TO ENACT A SHORT TITLE; TO CREATE NEW SECTION 25-33-103, MISSISSIPPI CODE OF 1972, TO SPECIFY THE PURPOSES OF THE ACT; TO CREATE NEW SECTION 25-33-105, MISSISSIPPI CODE OF 1972, TO GRANDFATHER NOTARIES ALREADY COMMISSIONED AS OF THE EFFECTIVE DATE OF THE ACT; TO CREATE NEW SECTION 25-33-107, MISSISSIPPI CODE OF 1972, TO SPECIFY THE RESPONSIBILITY OF THE SECRETARY OF STATE IN THE COMMISSIONING OF NOTARIES; TO CREATE NEW SECTION 25-33-109, MISSISSIPPI CODE OF 1972, TO ENACT DEFINITIONS; TO CREATE NEW SECTION 25-33-111, MISSISSIPPI CODE OF 1972, TO SPECIFY THE QUALIFICATIONS FOR NOTARIES; TO CREATE NEW SECTION 25-33-113, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE JURISDICTION AND TERM OF A NOTARY; TO CREATE NEW SECTION 25-33-115, MISSISSIPPI CODE OF 1972, TO REQUIRE A BOND; TO CREATE NEW SECTION 25-33-117, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR COMMISSIONING DOCUMENTS; TO CREATE NEW SECTION 25-33-119, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR RECOMMISSIONING; TO CREATE NEW SECTION 25-33-121, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPLICATION PROCESS AND MATERIALS; TO CREATE NEW SECTION 25-33-123, MISSISSIPPI CODE OF 1972, TO SPECIFY INFORMATION TO BE REQUIRED ON THE APPLICATION; TO CREATE NEW SECTION 25-33-125, MISSISSIPPI CODE OF 1972, TO REQUIRE TRAINING AND EXAMINATION OF NOTARIES; TO CREATE NEW SECTION 25-33-127, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT NOTARIES SUBSCRIBE TO AN OATH; TO CREATE NEW SECTION 25-33-129, MISSISSIPPI CODE OF 1972, TO REQUIRE PAYMENT OF AN APPLICATION FEE; TO CREATE NEW SECTION 25-33-131, MISSISSIPPI CODE OF 1972, TO SPECIFY THE POWERS OF NOTARIES AND TO SPECIFY ACTS OF NOTARIES THAT ARE PROHIBITED; TO CREATE NEW SECTION 25-33-133, MISSISSIPPI CODE OF 1972, TO SPECIFY INSTANCES IN WHICH AN INDIVIDUAL NOTARY IS DISQUALIFIED; TO CREATE NEW SECTION 25-33-135, MISSISSIPPI CODE OF 1972, TO LIMIT THE CIRCUMSTANCES UNDER WHICH A NOTARY MAY REFUSE TO ACT; TO CREATE NEW SECTION 25-33-137, MISSISSIPPI CODE OF 1972, TO REQUIRE A NOTARY TO ABSTAIN FROM INFLUENCE, AND TO ENACT EXCEPTIONS TO THE REQUIREMENT TO ABSTAIN; TO CREATE NEW SECTION 25-33-139, MISSISSIPPI CODE OF 1972, TO PROHIBIT KNOWING EXECUTION OF A FALSE CERTIFICATE; TO CREATE NEW SECTION 25-33-141, MISSISSIPPI CODE OF 1972, TO PROHIBIT IMPROPER EXECUTION; TO CREATE NEW SECTION 25-33-143, MISSISSIPPI CODE OF 1972, TO PROHIBIT A NOTARIAL ACT DONE WITH INTENT TO DECEIVE; TO CREATE NEW SECTION 25-33-145, MISSISSIPPI CODE OF 1972, TO PROHIBIT TESTIMONIAL USE OF A NOTARIAL COMMISSION; TO CREATE NEW SECTION 25-33-147, MISSISSIPPI CODE OF 1972, TO PROHIBIT UNAUTHORIZED PRACTICE OF LAW; TO CREATE NEW SECTION 25-33-149, MISSISSIPPI CODE OF 1972, TO AUTHORIZE REDUCTION AND WAIVER OF FEES; TO CREATE NEW SECTION 25-33-151, MISSISSIPPI CODE OF 1972, TO SET MAXIMUM FEES; TO CREATE NEW SECTION 25-33-153, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THAT FEE PAYMENT MAY BE REQUIRED IN ADVANCE; TO CREATE NEW SECTION 25-33-155, MISSISSIPPI CODE OF 1972, TO MAKE PROVISION FOR FEES CHARGED BY EMPLOYEE NOTARIES; TO CREATE NEW SECTION 25-33-157, MISSISSIPPI CODE OF 1972, TO REQUIRE POSTING OF FEES; TO CREATE NEW SECTION 25-33-159, MISSISSIPPI CODE OF 1972, TO REQUIRE KEEPING OF A NOTARIAL JOURNAL AND TO PRESCRIBE ITS FORMAT; TO CREATE NEW SECTION 25-33-161, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN JOURNAL ENTRIES; TO CREATE NEW SECTION 25-33-163, MISSISSIPPI CODE OF 1972, TO REQUIRE ENTRY OF CERTAIN SIGNATURES IN THE JOURNAL; TO CREATE NEW SECTION 25-33-165, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR INSPECTION, COPYING AND ULTIMATE DISPOSAL OF A NOTARY'S JOURNAL; TO CREATE NEW SECTION 25-33-167, MISSISSIPPI CODE OF 1972, TO REQUIRE ACCESS TO AN ELECTRONIC JOURNAL BY THE SECRETARY OF STATE; TO CREATE NEW SECTION 25-33-169, MISSISSIPPI CODE OF 1972, TO SPECIFY REQUIREMENTS AS TO A NOTARY'S OFFICIAL SIGNATURE; TO CREATE NEW SECTION 25-33-171, MISSISSIPPI CODE OF 1972, TO SPECIFY THE OFFICIAL SEAL; TO CREATE NEW SECTION 25-33-173, MISSISSIPPI CODE OF 1972, TO SPECIFY THE SEAL IMAGE; TO CREATE NEW SECTION 25-33-175, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR OBTAINING AND PROVIDING A SEAL, AND TO ENACT RESTRICTIONS THEREON; TO CREATE NEW SECTION 25-33-177, MISSISSIPPI CODE OF 1972, TO PROVIDE THE GENERAL FORM OF ACKNOWLEDGEMENT; TO CREATE NEW SECTION 25-33-179, MISSISSIPPI CODE OF 1972, TO PROVIDE THE GENERAL FORM OF JURAT; TO CREATE NEW SECTION 25-33-181, MISSISSIPPI CODE OF 1972, TO PROVIDE THE GENERAL FORM OF WITNESSING; TO CREATE NEW SECTION 25-33-183, MISSISSIPPI CODE OF 1972, TO PROVIDE THE GENERAL FORM OF SIGNING BY MARK OR BY A PERSON UNABLE TO SIGN; TO CREATE NEW SECTION 25-33-185, MISSISSIPPI CODE OF 1972, TO PROVIDE THE GENERAL FORM OF CERTIFICATION; TO CREATE NEW SECTION 25-33-187, MISSISSIPPI CODE OF 1972, TO PROVIDE THE GENERAL FORM OF VERIFICATION; TO CREATE NEW SECTION 25-33-189, MISSISSIPPI CODE OF 1972, TO SPECIFY ACCEPTABLE FORMS OF EVIDENCE; TO CREATE NEW SECTION 25-33-191, MISSISSIPPI CODE OF 1972, TO PROVIDE THE GENERAL FORM OF CERTIFICATE OF AUTHORITY; TO CREATE NEW SECTION 25-33-193, MISSISSIPPI CODE OF 1972, TO PROVIDE THE GENERAL FORM OF APOSTILLE; TO CREATE NEW SECTION 25-33-195, MISSISSIPPI CODE OF 1972, TO AUTHORIZE COLLECTION OF FEES BY THE SECRETARY OF STATE; TO CREATE NEW SECTION 25-33-197, MISSISSIPPI CODE OF 1972, TO REQUIRE NOTARIES TO TIMELY SUBMIT ANY CHANGE OF ADDRESS; TO CREATE NEW SECTION 25-33-199, MISSISSIPPI CODE OF 1972, TO REQUIRE NOTARIES TO TIMELY SUBMIT ANY CHANGE OF NAME; TO CREATE NEW SECTION 25-33-201, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR RESIGNATION OF COMMISSION; TO CREATE NEW SECTION 25-33-203, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR DISPOSITION OF SEAL LAND JOURNAL UPON RESIGNATION OR REVOCATION; TO CREATE NEW SECTION 25-33-205, MISSISSIPPI CODE OF 1972, TO PROVIDE A PROCEDURE IN THE EVENT OF A NOTARY'S DEATH; TO CREATE NEW SECTION 25-33-207, MISSISSIPPI CODE OF 1972, TO SPECIFY CIRCUMSTANCES LEADING TO REVOCATION OF COMMISSION; TO CREATE NEW SECTION 25-33-209, MISSISSIPPI CODE OF 1972, TO PROVIDE OTHER REMEDIES IN THE EVENT OF NOTARIAL MISCONDUCT; TO CREATE NEW SECTION 25-33-211, MISSISSIPPI CODE OF 1972, TO REQUIRE PUBLICATION OF SANCTIONS; TO CREATE NEW SECTION 25-33-213, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CRIMINAL SANCTIONS; TO CREATE NEW SECTION 25-33-215, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR NON-PREEMPTION OF REMEDIES; TO CREATE NEW SECTION 25-33-217, MISSISSIPPI CODE OF 1972, TO PROHIBIT IMPERSONATION OF A NOTARY; TO CREATE NEW SECTION 25-33-219, MISSISSIPPI CODE OF 1972, TO PROHIBIT WRONGFUL POSSESSION OR DESTRUCTION OF NOTARIAL ACCOUTERMENTS; TO REPEAL SECTION 25-33-1, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR APPOINTMENT, BOND AND OATH OF NOTARIES, SECTION 25-33-3, MISSISSIPPI CODE OF 1972, WHICH REQUIRES A NOTARY TO SECURE A SEAL, SECTION 25-33-5, MISSISSIPPI CODE OF 1972, WHICH REQUIRES A NOTARY TO MAINTAIN A REGISTER, SECTION 25-33-7, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR DISPOSAL OF A NOTARY'S REGISTER AND PAPERS, SECTION 25-33-9, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR A NOTARY'S POWER TO ADMINISTER OATHS AND AFFIRMATION, SECTION 25-33-11, MISSISSIPPI CODE OF 1972, WHICH CREATES ADDITIONAL POWERS AND DUTIES FOR NOTARIES; SECTION 25-33-13, MISSISSIPPI CODE OF 1972, WHICH REQUIRES A NOTARY TO AFFIX THE EXPIRATION DATE OF HIS COMMISSION TO HIS NOTARIAL ACTS, SECTION 25-33-15, MISSISSIPPI CODE OF 1972, WHICH REQUIRES A NOTARY TO KEEP A RECORD OF PROTEST OF A BILL OR NOTE, SECTION 25-33-25, MISSISSIPPI CODE OF 1972, WHICH REQUIRES NON-ATTORNEY NOTARIES TO NOTIFY THE PUBLIC OF THAT STATUS, SECTION 25-33-27, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS CERTAIN ADVERTISING PRACTICES WITH REGARD TO IMMIGRATION MATTERS BY NOTARIES, SECTION 25-33-29, MISSISSIPPI CODE OF 1972, WHICH ENACTS EXCEPTIONS FOR NOTARIES EMPLOYED BY BANKS AND IN TITLE TRANSACTIONS, AND SECTION 25-33-31, MISSISSIPPI CODE OF 1972, WHICH SPECIFIES PENALTIES FOR VIOLATIONS OF SECTIONS 25-33-25 THROUGH 25-33-29; TO AMEND SECTION 89-3-7, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
THE MISSISSIPPINOTARY ACT
SECTION 1. The following shall be codified as Section 25-33-101, Mississippi Code of 1972:
25-33-101. Short title. This act may be cited as the Mississippi Notary Act.
SECTION 2. The following shall be codified as Section 25-33-103, Mississippi Code of 1972:
25-33-103. Purposes. This act shall be construed and applied to advance its underlying purposes, which are:
(a) To promote, serve, and protect the public interest;
(b) To simplify, clarify, and modernize the law governing notaries;
(c) To foster ethical conduct among notaries; and
(d) To enhance cross-border recognition of notarial acts.
SECTION 3. The following shall be codified as Section 25-33-105, Mississippi Code of 1972:
25-33-105. Prospective effect. The bond, seal, length of commission term, and liability of notaries commissioned before the act's effective date may not be invalidated, modified or terminated by this act, but those notaries shall comply with this act in performing notarial acts and in applying for new commissions.
SECTION 4. The following shall be codified as Section 25-33-107, Mississippi Code of 1972:
25-33-107. Powers of the Secretary of State. The Secretary of State is hereby authorized and empowered to prescribe forms, establish fees and to make rules and regulations necessary and proper for the implementation, administration and enforcement of the provisions of this act in accordance with the provisions of the Mississippi Administrative Procedures Law.
SECTION 5. The following shall be codified as Section 25-33-109, Mississippi Code of 1972:
25-33-109. Definitions. When used in this act, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Acknowledgment" means a notarial act in which an individual at a single time and place:
(i) Appears in person before the notary and presents a document;
(ii) Is personally known to the notary or identified by the notary through satisfactory evidence; and
(iii) Indicates to the notary that the signature on the document was voluntarily affixed by the individual for the purposes stated within the document and, if applicable, that the individual had due authority to sign in a particular representative capacity.
(b) "Affirmation" means a notarial act, or part thereof, which is legally equivalent to an oath and in which an individual at a single time and place:
(i) Appears in person before the notary;
(ii) Is personally known to the notary or identified by the notary through satisfactory evidence; and
(iii) Makes a vow of truthfulness or fidelity on penalty of perjury, based on personal honor and without invoking God or using any form of the word "swear."
(c) "Commission" means both to empower to perform notarial acts and the written evidence of authority to perform those acts.
(d) "Copy certification" means a notarial act in which a notary:
(i) Is presented with a document that is neither a vital record, a public record, nor publicly recordable;
(ii) Copies or supervises the copying of the document using a photographic or electronic copying process;
(iii) Compares the document to the copy; and
(iv) Determines that the copy is accurate and complete.
(e) "Credible witness" means an honest, reliable, and impartial person who personally knows an individual appearing before a notary and takes an oath or affirmation from the notary to vouch for that individual's identity.
(f) "Journal of notarial acts" and "journal" mean a device for creating and preserving a chronological record of notarizations performed by a notary.
(g) "Jurat" means a notarial act in which an individual at a single time and place:
(i) Appears in person before the notary and presents a document;
(ii) Is personally known to the notary or identified by the notary through satisfactory evidence;
(iii) Signs the document in the presence of the notary; and
(iv) Takes an oath or affirmation from the notary vouching for the truthfulness or accuracy of the signed document.
(h) "Notarial act" and "notarization" mean any act that a notary is empowered to perform under this act.
(i) "Notarial certificate" and "certificate" mean the part of, or attachment to, a notarized document that is completed by the notary, bears the notary's signature and seal, and states the facts attested by the notary in a particular notarization.
(j) "Notary public" and "notary" mean any person commissioned to perform official acts under this act.
(k) "Oath" means a notarial act, or part thereof, which is legally equivalent to an affirmation and in which an individual at a single time and place:
(i) Appears in person before the notary;
(ii) Is personally known to the notary or identified by the notary through satisfactory evidence; and
(iii) Makes a vow of truthfulness or fidelity on penalty of perjury while invoking Godor using any form of the word "swear."
(l) "Official misconduct" means:
(i) A notary's performance of any act prohibited, or failure to perform any act mandated, by this act or by any other law in connection with a notarial act by the notary; or
(ii) A notary's performance of an official act in a manner found by the Secretary of State to be negligent or against the public interest.
(m) "Appears in person before the notary" means that the principal and the notary are physically close enough to see, hear, communicate with, and give identification documents to each other.
(n) "Personal knowledge of identity" and "personally knows" mean familiarity with an individual resulting from interactions with that individual over a period of time sufficient to dispel any reasonable uncertainty that the individual has the identity claimed.
(o) "Principal" means:
(i) A person whose signature is notarized; or
(ii) A person, other than a credible witness, taking an oath or affirmation from the notary.
(p) "Regular place of work or business" means a stationary office or workspace where one spends all or some of one's working or business hours.
(q) "Satisfactory evidence of identity" means identification of an individual based on:
(i) At least one (1) current document issued by a federal, state, or tribal government agency bearing the photographic image of the individual's face and signature and a physical description of the individual, though a properly stamped passport without a physical description is acceptable; or
(ii) The oath or affirmation of one (1) credible witness unaffected by the document or transaction who is personally known to the notary and who personally knows the individual, or of two (2) credible witnesses unaffected by the document or transaction who each personally know the individual and show to the notary documentary identification as described in this paragraph.
(r) "Seal" means a device for affixing on a paper document an image containing a notary's name, jurisdiction, commission expiration date, and other information related to the notary's commission.
(s) "Signature witnessing" means a notarial act in which an individual at a single time and place:
(i) Appears in person before the notary and presents a document;
(ii) Is personally known to the notary or identified by the notary through satisfactory evidence; and
(iii) Signs the document in the presence of the notary.
(t) "Verification of fact" means a notarial act in which a notary reviews public or vital records to ascertain or confirm any of the following facts regarding a person:
(i) Date of birth or death;
(ii) Name of parent, offspring, or sibling;
(iii) Date of marriage or divorce; or
(iv) Name of spouse.
(u) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
SECTION 6. The following shall be codified as Section 25-33-111, Mississippi Code of 1972:
25-33-111. Qualifications. (1) Except as provided in subsection (3), the Secretary of State shall issue on behalf of the Governor a notary commission to any qualified person who submits an application to the Secretary of State in accordance with this act.
(2) A person qualified for a notary commission shall:
(a) Be at least eighteen (18) years of age;
(b) Reside in the State of Mississippi and have resided in the county of residence for least thirty (30) days prior to the submission of the application;
(c) Reside legally in the United States;
(d) Read and write English;
(e) Complete a course of instruction under Section 25-33-125.
(3) The Secretary of State may deny an application based on:
(a) Submission of an official application containing material misstatement or omission of fact;
(b) The applicant's conviction or plea of admission or nolo contendere for a felony or any crime involving dishonesty or moral turpitude, but in no case may a commission be issued to the applicant within five (5) years after such conviction or plea or who is incarcerated, on probation or parole;
(c) A finding or admission of liability against the applicant in a civil lawsuit based on the applicant's deceit;
(d) Revocation, suspension, restriction, or denial of a notarial commission or professional license by this or any other state or nation, but in no case may a commission be issued to the applicant within five (5) years after such disciplinary action; or
(e) An official finding that the applicant had engaged in official misconduct, whether or not disciplinary action resulted.
(4) Denial of an application may be appealed by filing in proper form with the Secretary of State within forty-five (45) daysafter denial, except that an applicant may not appeal if the Secretary of State within five (5) years prior to the application has:
(a) Denied or revoked for disciplinary reasons any previous application, commission, or license of the applicant; or
(b) Made a finding under Section 25-33-207 that grounds for revocation of the applicant's commission existed.
SECTION 7. The following shall be codified as Section 25-33-113, Mississippi Code of 1972:
25-33-113. Jurisdiction and term. A person commissioned as a notary may perform notarial acts in any part of this state for a term of four (4) years, unless the commission is earlier revoked under Section 25-33-207 or resigned under Section 25-33-201.
SECTION 8. The following shall be codified as Section 25-33-115, Mississippi Code of 1972:
25-33-115. Bond. (1) A notary commission shall not become effective until an oath of office and a Ten Thousand Dollar ($10,000.00) bond have been filed with the Secretary of State. The bond shall be executed by a licensed surety, for a term of four (4) years commencing on the commission's effective date and terminating on its expiration date, with payment of bond funds to any person conditioned upon the notary's official misconduct.
(2) The surety for a notary bond shall report all claims against the bond and the balance available to pay claims to the Secretary of State.
(3) If a notary bond has been exhausted by claims paid out by the surety, the Secretary of State shall suspend the notary's commission until:
(a) A new bond is obtained by the notary; and
(b) The notary's fitness to serve the remainder of the commission term is determined by the Secretary of State.
SECTION 9. The following shall be codified as Section 25-33-117, Mississippi Code of 1972:
25-33-117. Commissioning documents. Upon issuing a notary commission, the Secretary of State shall provide to the notary:
(a) A commission document stating the commission serial number and starting and ending dates; and
(b) A Certificate of Authorization to Purchase a Notary Seal stating the commission serial number.
SECTION 10. The following shall be codified as Section 25-33-119, Mississippi Code of 1972:
25-33-119. Recommissioning. A current or former notary applying for a new or renewal notary commission shall submit a new completed application and comply anew with all applicable commissioning, recommissioning and application provisions of this act; provided, however, notaries holding a commission on the effective date of this act are exempt from the requirements of Section 25-33-121 and Section 25-33-125 until January 1, 2008.
SECTION 11. The following shall be codified as Section 25-33-121, Mississippi Code of 1972:
25-33-121. Application materials. Every application for a notary commission shall be made on forms determined by the Secretary of State and shall include:
(a) A statement of the applicant's personal qualifications, as described in Section 25-33-123;
(b) Evidence of thesuccessful completion of a course of instruction, as described in Section 25-33-125;
(c) A notarized declaration of the applicant, as described in Section 25-33-127;
(d) Such other information as theSecretary of State may deem appropriate; and
(e) An application fee, as specified in Section 25-33-129.
SECTION 12. The following shall be codified as Section 25-33-123, Mississippi Code of 1972:
25-33-123. Statement of personal qualifications. The application for a notary commission shall state or include, at least:
(a) The applicant's date of birth;
(b) The applicant's residence address and telephone number;
(c) the applicant's business address and telephone number, the business mailing address, if different, and the name of the applicant's employer, if any;
(d) a declaration that the applicant is a citizen of the United States or proof of the applicant's legal residency in the country;
(e) a declaration that the applicant can read and write English;
(f) all issuances, denials, revocations, suspensions, restrictions, and resignations of a notarial commission, professional license, or public office involving the applicant in this or any other state or nation;
(g) all criminal convictions other than minor traffic violations of the applicant, including any pleas of admission or nolo contendere, in this or any other state or nation;
(h) all claims pending or disposed against a notary bond held by the applicant, and all civil findings or admissions of fault or liability regarding the applicant's activities as a notary, in this or any other state or nation; and
(i) if the notary elects to keep an electronic journal, the password or access instructions required by Section 25-33-167.
SECTION 13. The following shall be codified as Section 25-33-125, Mississippi Code of 1972:
25-33-125. Course and examination. (1) Every applicant for a notary commission shall take, within the twenty-four (24) month period preceding application, a course of instruction of at least three (3) hours approved by the Secretary of State.
(2) The content of the course shall be notarial laws of the State of Mississippi, procedures, and ethics.
(3) The Secretary of State may offer a course of instruction for a fee to be determined by the Secretary of State.
(4) The approval of the Secretary of State is required for any course of instruction offered by third parties. Courses of instruction covering the notarial laws, procedures and ethics offered by accredited universities, colleges and community colleges located within the State of Mississippi need no further approval.
SECTION 14. The following shall be codified as Section 25-33-127, Mississippi Code of 1972:
25-33-127. Notarized declaration. Every applicant for a notary commission shall sign the following declaration in the presence of a notary of the State of Mississippi:
Declaration of Applicant
I, _____________ (name of applicant), solemnly swear or affirm under penalty of perjury that the personal information in this application is true, complete, and correct; that I understand the official duties and responsibilities of a Notary Public under the laws of the State of Mississippi; and that I will perform, to the best of my ability, all notarial acts in accordance with the law.
________________________
(signature of applicant)
(Notarial certificate as specified in Section 25-33-177.)
SECTION 15. The following shall be codified as Section 25-33-129, Mississippi Code of 1972:
25-33-129. Application fee. Every applicant for a notary commission shall pay to this state a nonrefundable application fee of Thirty-five Dollars ($35.00).
SECTION 16. The following shall be codified as Section 25-33-131, Mississippi Code of 1972:
25-33-131. Powers and prohibitions. (1) A notary is empowered to perform the following notarial acts:
(a) Acknowledgments;
(b) Oaths and affirmations;
(c) Jurats;
(d) Signature witnessings;
(e) Copy certifications;
(f) Verifications of fact; and
(g) Any other acts so authorized by the law of this state.
(2) A notary shall not perform a notarial act if the principal:
(a) Is not in the notary's presence at the time of notarization;
(b) Is not personally known to the notary or identified by the notary through satisfactory evidence;
(c) Shows a demeanor which causes the notary to have a compelling doubt about whether the principal knows the consequences of the transaction requiring a notarial act; or
(d) In the notary's judgment, is not acting of his or her own free will.
(3) A notary may certify the affixation of a signature by mark on a document presented for notarization if:
(a) The mark is affixed in the presence of the notary and of two (2) witnesses unaffected by the document;
(b) Both witnesses sign their own names beside the mark;
(c) The notary writes below the mark: "Mark affixed by (name of signer by mark) in presence of (names and addresses of witnesses) and undersigned notary under the Mississippi Notary Act"; and
(d) The notary notarizes the signature by mark through an acknowledgment, jurat, or signature witnessing.
(4) A notary may sign the name of a person physically unable to sign or make a mark on a document presented for notarization if:
(a) The person directs the notary to do so in the presence of two (2) witnesses unaffected by the document;
(b) The notary signs the person's name in the presence of the person and the witnesses;
(c) Both witnesses sign their own names beside the signature;
(d) The notary writes below the signature: "Signature affixed by notary in the presence of (names and addresses of person and 2 witnesses) under the Mississippi Notary Act"; and
(e) The notary notarizes the signature through an acknowledgment, jurat, or signature witnessing.
SECTION 17. The following shall be codified as Section 25-33-133, Mississippi Code of 1972:
25-33-133. Disqualifications. A notary is disqualified from performing a notarial act if the notary:
(a) Is a party to or named in the document that is to be notarized;
(b) Will receive as a direct or indirect result any commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the fees specified in Section 25-33-151;
(c) Is a spouse, ancestor, descendant, or sibling of the principal, including in-law, step, or half relatives and other persons residing in the same household.
SECTION 18. The following shall be codified as Section 25-33-135, Mississippi Code of 1972:
25-33-135. Refusal to notarize. (1) A notary shall not refuse to perform a notarial act based on the principal's race, advanced age, gender, religion, national origin, health or disability.
(2) A notary shall perform any notarial act described in Section 25-33-131 for any person requesting such an act who tenders the appropriate fee specified in Section 25-33-151, unless:
(a) The notary knows or has good reason to believe that the notarial act or the associated transaction is unlawful;
(b) The act is prohibited under Section 25-33-131; or
(c) The number of notarial acts requested practicably precludes completion of all acts at once, in which case the notary shall arrange for later completion of the remaining acts.
(3) A notary may but is not required to perform a notarial act outside the notary's regular workplace or business hours.
SECTION 19. The following shall be codified as Section 25-33-137, Mississippi Code of 1972:
25-33-137. Avoidance of influence. (1) A notary shall not influence a person either to enter into or avoid a transaction involving a notarial act by the notary, except that the notary may advise against a transaction if Section 25-33-135 applies.
(2) A notary has neither the duty nor the authority to investigate, ascertain, or attest the lawfulness, propriety, accuracy, or truthfulness of a document or transaction involving a notarial act.
SECTION 20. The following shall be codified as Section 25-33-139, Mississippi Code of 1972:
25-33-139. False Certificate. (1) A notary shall not execute a certificate containing information known or believed by the notary to be false.
(2) A notary shall not affix an official signature or seal on a notarial certificate that is incomplete.
(3) A notary shall not provide or send a signed or sealed notarial certificate to another person with the understanding that it will be completed or attached to a document outside of the notary's presence.
SECTION 21. The following shall be codified as Section 25-33-141, Mississippi Code of 1972:
25-33-141. Improper documents. (1) A notary shall not notarize a signature:
(a) On a blank or incomplete document; or
(b) On a document without notarial certificate wording.
(2) A notary shall neither certify nor authenticate a photograph.
SECTION 22. The following shall be codified as Section 25-33-143, Mississippi Code of 1972:
25-33-143. Intent to deceive. A notary shall not perform any official action with the intent to deceive or defraud.
SECTION 23. The following shall be codified as Section 25-33-145, Mississippi Code of 1972:
25-33-145. Testimonials. A notary shall not use the official notary title or seal to endorse, promote, denounce or oppose any product, service, contest, candidate or other offering.
SECTION 24. The following shall be codified as Section 25-33-147, Mississippi Code of 1972:
25-33-147. Unauthorized practice of law. (1) If notarial certificate wording is not provided or indicated for a document, a non-attorney notary shall not determine the type of notarial act or certificate to be used.
(2) A nonattorney notary shall not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act.
(3) This section does not preclude a notary who is duly qualified, trained, or experienced in a particular industry or professional field from selecting, drafting, completing, or advising on a document or certificate related to a matter within that industry or field.
(4) A notary shall not claim to have powers, qualifications, rights, or privileges that the office of notary does not provide, including the power to counsel on immigration matters.
(5) (a) A notary public who is not an attorney licensed to practice law in this state and, who advertises in any language the person's services as a notary public by radio, television, signs, pamphlets, newspapers, telephone directory or other written or oral communication, or in any other advertisement, shall include with such advertisement the notice set forth in this section in English and in any other languages used in the advertisement. The notice shall be of conspicuous size and shall state: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF MISSISSIPPI, AND I MAY NOT GIVE ADVICE ON IMMIGRATION OR OTHER LEGAL MATTERS OR ACCEPT FEES FOR ADVICE ON IMMIGRATION OR OTHER LEGAL MATTERS."
(b) The notice shall also list the fees for notarial acts specified in Section 25-33-151.
(c) A notary may not use the term "notario publico" or any equivalent non-English term in any business card, advertisement, notice, or sign.
(d) A notary public who is not an attorney licensed to practice law is prohibited from representing or advertising that the notary public is an immigration consultant, immigration paralegal or expert on immigration matters unless the notary public is an accredited representative of an organization recognized by the board of immigration appeals pursuant to 8 CFR Section 292.2(a-e) or any subsequent federal law.
(e) The provisions of this subsection shall not apply to:
(i) Notary services offered by a state or national bank, trust company, savings and loan association, savings bank or by any affiliate or subsidiary of such state or national bank, trust company, savings and loan association or savings bank or any agent or employee thereof; or
(ii) Any offering of notary services or listing of fees for notary services as a part of the closing of any loan transaction, extension of credit, security instrument or transfer of title.
(f) (i) Failure to comply with the provisions of this subsection constitutes an unfair or deceptive act as provided in Section 75-24-5.
(ii) Any person who knowingly and willfully violates any provision of this subsection shall be guilty of a misdemeanor, and upon conviction shall be fined in an amount not to exceed One Thousand Dollars ($1,000.00).
(iii) Upon a second conviction of any person under this subsection, the offenses being committed within a period of five (5) years, the person shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in the county jail for a period not to exceed one (1) year or a fine not to exceed One Thousand Dollars ($1,000.00), or both.
(iv) Upon a third or subsequent conviction of any person for a violation of this subsection, the offenses being committed within a period of five (5) years, the person shall be guilty of a felony, and upon conviction shall be punished by confinement in the custody of the Department of Corrections for a period not to exceed five (5) years, or fined in an amount not to exceed Five Thousand Dollars ($5,000.00), or both.
(v) Criminal convictions in other jurisdictions for violations of substantially similar provisions to those contained in this subsection shall be counted in computing whether a violation under this subsection is a first, second, third or subsequent offense.
SECTION 25. The following shall be codified as Section 25-33-149, Mississippi Code of 1972:
25-33-149. Imposition and waiver of fees. (1) For performing a notarial act, a notary may charge the maximum fee specified in Section 25-33-151, charge less than the maximum fee, or waive the fee.
(2) A notary shall not discriminatorily condition the fee for a notarial act on the attributes of the principal as delineated in Section 25-33-135, though a notary may waive or reduce fees for humanitarian or charitable reasons.
SECTION 26. The following shall be codified as Section 25-33-151, Mississippi Code of 1972:
25-33-151. Fees for notarial acts. (1) The maximum fees that may be charged by a notary for notarial acts are:
(a) For acknowledgments, Five Dollars ($5.00) per signature;
(b) For oaths or affirmations without a signature, Five Dollars ($5.00) per person;
(c) For jurats, Five Dollars ($5.00) per signature;
(d) For signature witnessings, Five Dollars ($5.00) per signature;
(e) For certified copies, Two Dollars ($2.00) per page certified with a minimum total charge of Ten Dollars ($10.00); and
(f) For verifications of fact, Ten Dollars ($10.00) per certificate.
(2) A notary may charge a travel fee when traveling to perform a notarial act if:
(a) The notary and the person requesting the notarial act agree upon the travel fee in advance of the travel; and
(b) The notary explains to the person requesting the notarial act that the travel fee is both separate from the notarial fee in subsection (1) and neither specified nor mandated by law.
SECTION 27. The following shall be codified as Section 25-33-153, Mississippi Code of 1972:
25-33-153. Payment prior to act. (1) A notary may require payment of any fees specified in Section 25-33-151 prior to performance of a notarial act.
(2) Any fees paid to a notary prior to performance of a notarial act are non-refundable if:
(a) The act was completed; or
(b) In the case of travel fees paid in compliance with Section 25-33-151, the act was not completed for reasons stated in Section 25-33-131 after the notary had traveled to meet the principal.
SECTION 28. The following shall be codified as Section 25-33-155, Mississippi Code of 1972:
25-33-155. Fees of employee notary. (1) An employer may prohibit an employee who is a notary from charging for notarial acts performed on the employer's time, but shall not condition imposition of a fee on attributes of the principal as described in Section 25-33-135.
(2) A private employer shall not require an employee who is a notary to surrender or share fees charged for any notarial acts.
(3) A governmental employer who has absorbed an employee's costs in becoming or operating as a notary shall require any fees collected for notarial acts performed on the employer's time either to be waived or surrendered to the employer to support public programs.
SECTION 29. The following shall be codified as Section 25-33-157, Mississippi Code of 1972:
25-33-157. Notice of fees. Notaries who charge for their notarial services shall conspicuously display in their places of business, or present to each principal outside their places of business, an English-language schedule of the fees for notarial acts specified in Section 25-33-151.
SECTION 30. The following shall be codified as Section 25-33-159, Mississippi Code of 1972:
25-33-159. Journal required; format. (1) A notary shall keep, maintain, protect, and provide for lawful inspection a chronological official journal of notarial acts that is either:
(a) A permanently bound book with numbered pages; or
(b) An electronic journal of notarial acts.
(2) "Electronic journal of notarial acts" and "electronic journal" mean an electronic device for creating and preserving a chronological record of notarizations performed by a notary that:
(a) Allows a journal entry to be made by the notary only after a biometric scan of a particular physical feature or activity of the notary produces data that match with biometric data of the notary stored in the device;
(b) Does not allow a journal entry to be altered in content or sequence by the notary or any other person after a record of the notarization is entered and stored;
(c) Allows entries to be viewed, printed out, and copied electronically by any person using a password or another non-biometric access method designated by the notary;
(d) Has a back-up system in place to provide a duplicate record in the event of loss of the original record;
(e) Has the capability of capturing and storing the images of a handwritten signature; and
(f) Has the capability of printing out on paper and of providing electronic copies of any entry, any combination of entries, or all entries, including the images of related handwritten signatures.
(3) A notary shall keep no more than one (1) active journal at the same time, except that a back-up record of an electronic journal may be kept to offset potential loss of the original journal.
SECTION 31. The following shall be codified as Section 25-33-161, Mississippi Code of 1972:
25-33-161. Entries. (1) For every notarial act, the notary shall record in the journal at the time of notarization at least the following:
(a) The date and time of day of the notarial act;
(b) The type of notarial act;
(c) The type, title, or a description of the document or proceeding;
(d) The signature, printed name, and address of each principal;
(e) The evidence of identity of each principal, in the form of either: a statement that the person is "personally known" to the notary; a notation of the type of identification document, its issuing agency, its serial or identification number, and its date of issuance or expiration; or the signature, printed name and address of each credible witness swearing or affirming to the person's identity, and, for credible witnesses who are not personally known to the notary, a description of identification documents relied on by the notary;
(f) The fee, if any, charged for the notarial act;
(g) The address where the notarization was performed if not the notary's business address.
(2) A notary shall not record a social security or credit card number in the journal.
(3) A notary shall record in the journal the circumstances for not completing a notarial act.
(4) As required in Section 25-33-165, a notary shall record in the journal the circumstances of any request to inspect or copy an entry in the journal, including the requester's name, address, signature, and evidence of identity. The reasons for refusal to allow inspection or copying of a journal entry shall also be recorded.
SECTION 32. The following shall be codified as Section 25-33-163, Mississippi Code of 1972:
25-33-163. Signatures. At the time of notarization, the notary's journal must be signed by each:
(a) Principal;
(b) Credible witness swearing or affirming to the identity of a principal; and
(c) Witness to a signature by mark or to a signing by the notary on behalf of a person physically unable to sign.
SECTION 33. The following shall be codified as Section 25-33-165, Mississippi Code of 1972:
25-33-165. Inspection, copying, and disposal. (1) In the notary's presence, any person may inspect an entry in the official journal of notarial acts during regular business hours, but only if:
(a) The person's identity is personally known to the notary or proven through satisfactory evidence;
(b) The person affixes a signature in the journal in a separate, dated entry;
(c) The person specifies the month, year, type of document, and name of the principal for the notarial act or acts sought; and
(d) The person is shown only the entry or entries specified.
(2) If the notary has a reasonable and explainable belief that a person bears a criminal or harmful intent in requesting information from the notary's journal, the notary may deny access to any entry or entries.
(3) The journal may be examined without restriction by a law enforcement officer in the course of an official investigation, subpoenaed by court order, or surrendered at the direction of the
Secretary of State.
(4) Upon complying with a request under subsection (1), the notary shall provide a copy of a specified entry or entries in the journal at a cost of not more than Five Dollars ($5.00) per copy; other entries on the same page shall be masked. If a certified copy of an entry in a bound book is requested, the additional cost is as specified in Section 25-33-151.
(5) A notary shall safeguard the journal and all other notarial records and surrender or destroy them only by rule of law, by court order, or at the direction of the Secretary of State.
(6) When not in use, the journal shall be kept in a secure area under the exclusive control of the notary, and shall not be used by any other notary nor surrendered to an employer upon termination of employment.
(7) Within ten (10) days after the journal is stolen, lost, destroyed, damaged, or otherwise rendered unusable or unreadable as a record of notarial acts, the notary, after informing the appropriate law enforcement agency in the case of theft or vandalism, shall notify the Secretary of State by any means providing a tangible receipt or acknowledgment, including certified mail and electronic transmission, and also provide a copy or identifying number of any pertinent police report.
(8) Upon resignation, revocation, or expiration of a notary commission, or death of the notary, the journal and notarial records shall be delivered to the clerk of the circuit court of the county of residence of the notary in accordance with Section 25-33-203.
SECTION 34. The following shall be codified as Section 25-33-167, Mississippi Code of 1972:
25-33-167. Electronic journal. If the notary elects to keep an electronic journal pursuant to Section 25-33-159, the notary shall:
(a) Provide to the Secretary of State the password or access instructions described in Section 25-33-159 that allow the journal to be viewed, printed out, and copied, but not altered; and
(b) Notify the Secretary of State when the password or access instructions are changed.
SECTION 35. The following shall be codified as Section 25-33-169, Mississippi Code of 1972:
25-33-169. Official signature. In notarizing a paper document, a notary shall:
(a) Sign by hand on the notarial certificate exactly and only the name indicated on the notary's commission;
(b) Not sign using a facsimile stamp or an electronic or other printing method; and
(c) Affix the official signature only at the time the notarial act is performed.
SECTION 36. The following shall be codified as Section 25-33-171, Mississippi Code of 1972:
25-33-171. Official seal. (1) A notary shall keep an official seal that is the exclusive property of the notary. The seal shall not be possessed or used by any other person, nor surrendered to an employer upon termination of employment.
(2) An image of the official seal shall be affixed by the notary on every paper document notarized.
(3) An image of the seal shall be affixed only at the time the notarial act is performed.
(4) When not in use, the seal shall be kept secure and accessible only to the notary.
(5) Within ten (10) days after the seal of a notary is stolen, lost, damaged, or otherwise rendered incapable of affixing a legible image, the notary, after informing the appropriate law enforcement agency in the case of theft or vandalism, shall notify the Secretary of State by any means providing a tangible receipt or acknowledgment, including certified mail and electronic transmission, and also provide a copy or number of any pertinent police report. Upon receipt of such notice the Secretary of State shall issue to the notary a new Certificate of Authorization to Purchase a Notary Seal, which shall be presented to a seal vendor in accordance with Section 25-33-175.
(6) As soon as reasonably practicable after resignation, revocation, or expiration of a notary commission, or death of the notary, the seal shall be destroyed or defaced so that it may not be misused.
SECTION 37. The following shall be codified as Section 25-33-173, Mississippi Code of 1972:
25-33-173. Seal image. (1) Near the notary's official signature on the notarial certificate of a paper document, the notary shall affix a sharp, legible, permanent, and photographically reproducible image of the official seal that shall include the following elements:
(a) The notary's name exactly as indicated on the commission;
(b) The serial number of the notary's commission;
(c) The words "Notary Public" and "State of Mississippi [insert county of residence]" and "My commission expires (commission expiration date)";
(d) The notary's business address; and
(e) A border in a circular shape no larger than two and one-half (2 1/2) inches, surrounding the required words.
(2) Illegible information within a seal impression may be typed or printed legibly by the notary adjacent to but not within the impression.
(3) An embossed seal impression that is not photographically reproducible may be used in addition to but not in lieu of the seal described in subsection (1).
SECTION 38. The following shall be codified as Section 25-33-175, Mississippi Code of 1972:
25-33-175. Obtaining and providing a seal. (1) The Secretary of State shall maintain anInternet site to allow vendors and manufacturers to confirm the business mailing address of any notary in the state.
(2) A vendor or manufacturer shall not provide a notary seal to a purchaser claiming to be a notary, unless the purchaser presents a photocopy of his notary commission and a Certificate of Authorization to Purchase a Notary Seal issued by the Secretary of State, and unless:
(a) In the case of a purchaser appearing in person, the vendor or manufacturer identifies this individual as the person named in the commission and the Certificate of Authorization, through either personal knowledge or satisfactory evidence of identity; or
(b) In the case of a purchaser ordering a seal by mail or delivery service, the vendor or manufacturer confirms the business mailing address through the Internet site.
(3) A vendor or manufacturer shall mail or ship a notary seal only to a mailing address confirmed through the Internet site.
(4) For each Certificate of Authorization to Purchase a Notary Seal, a vendor or manufacturer shall make or sell one (1) and only one (1) seal, plus, if requested by the person presenting the Certificate, one (1) and only one (1) embossing seal.
(5) A notary obtaining a seal or seals as a result of a name or business address change shall present a copy of the Confirmation of Notary's Name or Address Change from the Secretary of State in accordance with Sections 25-33-197 and 25-33-199.
(6) A vendor or manufacturer who fails to comply with this section is guilty of a misdemeanor, punishable upon conviction by a fine not to exceed One Thousand Dollars ($1,000.00).
SECTION 39. The following shall be codified as Section 25-33-177, Mississippi Code of 1972:
25-33-177. General acknowledgment. A notary shall use a certificate in substantially the following form in notarizing the signature or mark of persons acknowledging for themselves or as partners, corporate officers, attorneys in fact, or in other representative capacities:
State of _______________
County of ______________
On this _______ day of __________, 20___, before me, the undersigned notary, personally appeared ______________________ (name of document signer), (personally known to me) (proved to me through identification documents allowed by law, which were ______________,) (proved to me on the oath or affirmation of __________, who is personally known to me and stated to me that (he)(she) personally knows the document signer and is unaffected by the document,) (proved to me on the oath or affirmation of ____________ and ___________, whose identities have been proven to me through documents allowed by law and who have stated to me that they personally know the document signer and are unaffected by the document,) to be the person whose name is signed on the preceding or attached document, and acknowledged to me that (he)(she) signed it voluntarily for its stated purpose.
(as partner for __________, a partnership.)
(as __________ for __________, a corporation.)
(as attorney in fact for __________, the principal.)
(as __________ for __________, (a)(the) _____________.)
________________________________________
(official signature and seal of notary)
SECTION 40. The following shall be codified as Section 25-33-179, Mississippi Code of 1972:
25-33-179. Jurat. A notary shall use a jurat certificate in substantially the following form in notarizing a signature or mark on an affidavit or other sworn or affirmed written declaration:
State of _______________
County of ______________
On this _______ day of __________, 20___, before me, the undersigned notary, personally appeared ______________________ (name of document signer), (personally known to me) (proved to me through identification documents allowed by law, which were _____________) (proved to me on the oath or affirmation of _____________ who is personally known to me and stated to me that (he)(she) personally knows the document signer and is unaffected by the document,)(proved to me on the oath or affirmation of ____________ and ___________ whose identities have been proven to me through documents allowed by law and who have stated to me that they personally know the document signer and are unaffected by the document,) to be the person who signed the preceding or attached document in my presence and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of (his)(her) knowledge and belief.
_______________________________________
(official signature and seal of notary)
SECTION 41. The following shall be codified as Section 25-33-181, Mississippi Code of 1972:
25-33-181. Signature witnessing. A notary shall use a certificate in substantially the following form in notarizing a signature or mark to confirm that it was affixed in the notary's presence without administration of an oath or affirmation.
State of _______________
County of ______________
On this _______ day of __________, 20___, before me, the undersigned notary, personally appeared ________________ (name of document signer), (personally known to me)(proved to me through identification documents allowed by law, which were _____________) (proved to me on the oath or affirmation of _______________ who is personally known to me and stated to me that (he)(she) personally knows the document signer and is unaffected by the document,) (proved to me on the oath or affirmation of __________________ and __________________ whose identities have been proven to me through documents allowed by law and who have stated to me that they personally know the document signer and are unaffected by the document,) to be the person who signed the preceding or attached document in my presence.
_______________________________________
(official signature and seal of notary)
SECTION 42. The following shall be codified as Section 25-33-183, Mississippi Code of 1972:
25-33-183. Signer by mark and person unable to sign. On paper documents, certificates in Sections 25-33-177, 25-33-179, and 25-33-181 may be used for signers by mark or persons physically unable to sign or make a mark if:
(a) For a signer by mark, the notary and two (2) witnesses unaffected by the document observe the affixation of the mark, both witnesses sign their own names beside the mark, and the notary writes below the mark: "Mark affixed by (name of signer by mark) in presence of (names and addresses of two (2) witnesses) and undersigned notary under the Mississippi Notary Act"; or
(b) For a person physically unable to sign or make a mark, the person directs the notary to sign on his or her behalf in the presence of the person and two (2) witnesses unaffected by the document, both witnesses sign their own names beside the signature, and the notary writes below the signature: "Signature affixed by notary in presence of (names and addresses of person and two (2) witnesses) under the Mississippi Notary Act.
SECTION 43. The following shall be codified as Section 25-33-185, Mississippi Code of 1972:
25-33-185. Certified copy. A notary shall use a certificate in substantially the following form in notarizing a certified copy:
State of ______________
County of _____________
On this _______ day of __________, 20___, I certify that the (preceding)(following)(attached) document is a true, exact, complete, and unaltered copy made by me of ______________________ (description of document), (presented to me by the document's custodian, ___________) (held in my custody as a notarial record,) and that, to the best of my knowledge, the copied document is neither a vital record, a public record nor a publicly recordable document, certified copies of which may be available from an official source other than a notary.
_______________________________________
(official signature and seal of notary)
SECTION 44. The following shall be codified as Section 25-33-187, Mississippi Code of 1972:
25-33-187. Verification of fact. A notary shall use a certificate in substantially the following form in verifying a fact:
State of ______________
County of _____________
On this _______ day of __________, 20___, I certify that I have reviewed the following record(s):
(a) _____________________________________________,
(b) _____________________________________________,
(c) _____________________________________________,
(d) _____________________________________________,
at the following offices, respectively:
(a) _____________________________________________,
(b) _____________________________________________,
(c) _____________________________________________,
(d) _____________________________________________,
or upon the records' presentation to me by _____________ and hereby verify the following facts as stated in these records:
(a) _____________________________________________,
(b) _____________________________________________,
(c) _____________________________________________,
(d) _____________________________________________.
_______________________________________
(official signature and seal of notary)
SECTION 45. The following shall be codified as Section 25-33-189, Mississippi Code of 1972:
25-33-189. Forms of evidence. On a notarized document sent to another state or nation, evidence of the authenticity of the official seal and signature of a notary of this state, if required, shall be in the form of:
(a) A certificate of authority from the Secretary of State and authenticated as necessary by additional certificates from United States and foreign government agencies; or
(b) In the case of a notarized document to be used in a nation that has signed and ratified the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents of October 5, 1961, an Apostille from the Secretary of State in the form prescribed by the Convention, with no additional authenticating certificates required.
SECTION 46. The following shall be codified as Section 25-33-191, Mississippi Code of 1972:
25-33-191. Certificate of authority. (1) A certificate of authority evidencing the authenticity of the official seal and signature of a notary of this state shall be substantially in the following form:
Certificate of Authority for a Notarial Act
I, ____________ (name, title, jurisdiction of authenticating official), certify that ____________ (name of notary), the person named in the seal and signature on the attached document, was a Notary Public for the [State] of ____________ [name of jurisdiction] and authorized to act as such at the time of the document's notarization.
To verify this Certificate of Authority for a Notarial Act, I have affixed below my signature and seal of office this _____ day of _________, 20___.
______________________________________________
(Signature and seal of commissioning official)
SECTION 47. The following shall be codified as Section 25-33-193, Mississippi Code of 1972:
25-33-193. Apostille. An Apostille prescribed by the Hague Convention, as cited in 28 USCA in the annotations to Rule 44 of the Federal Rules of Civil Procedure, shall be in the form of a square with sides at least nine (9) centimeters long and contain exactly the following wording:
APOSTILLE
(Convention de La Haye du 5 octobre 1961)
1. Country: _________________________________
This public document
2. has been signed by _____________________
3. Acting in the capacity of ____________________________
4. Bears the seal/stamp of _____________________
CERTIFIED
5. At ______________________________
6. The _____________________________
7. By _____________________________________
8. No. ____________________________________
9. Seal/Stamp 10. Signature: _______________________.
SECTION 48. The following shall be codified as Section 25-33-195, Mississippi Code of 1972:
25-33-195. Fees. The Secretary of State may charge:
(a) For issuing a certificate of authority, Ten Dollars ($10.00); and
(b) For issuing an Apostille, Ten Dollars ($10.00).
SECTION 49. The following shall be codified as Section 25-33-197, Mississippi Code of 1972:
25-33-197. Change of address. (1) Within ten (10) days after the change of a notary's residence, business, or mailing address, the notary shall send to the Secretary of State by any means providing a tangible receipt or acknowledgment, including certified mail and electronic transmission, a signed notice of the change, giving both old and new addresses.
SECTION 50. The following shall be codified as Section 25-33-199, Mississippi Code of 1972:
25-33-199. Change of name. (1) Within ten (10) days after the change of a notary's name by court order or marriage, the notary shall send to the Secretary of State by any means providing a tangible receipt or acknowledgment, including certified mail and electronic transmission, a signed notice of the change, giving both former and new names, with a copy of any official authorization for such change.
(2) A notary with a new name shall continue to use the former name in performing notarial acts until the following steps have been completed, at which point the notary shall use the new name:
(a) The notice described in subsection (1) has been delivered or transmitted;
(b) A Confirmation of Notary's Name has been received from the Secretary of State;
(c) A new seal bearing the new name exactly as in the Confirmation has been obtained; and
(d) The surety for the notary's bond has been informed in writing.
SECTION 51. The following shall be codified as Section 25-33-201, Mississippi Code of 1972:
25-33-201. Resignation. (1) A notary who resigns his or her commission shall send to the Secretary of State by any means providing a tangible receipt or acknowledgment, including certified mail and electronic transmission, a signed notice indicating the effective date of resignation.
(2) Notaries who cease to reside in or to maintain a regular place of work or business in this state, or who become permanently unable to perform their notarial duties, shall resign their commissions.
SECTION 52. The following shall be codified as Section 25-33-203, Mississippi Code of 1972:
25-33-203. Disposition of seal and journal. (1) Except as provided in subsection (2), when a notary commission expires or is resigned or revoked, the notary shall:
(a) As soon as reasonably practicable, destroy or deface all notary seals so that they may not be misused; and
(b) Within thirty (30) days after the effective date of resignation, revocation, or expiration, send to the circuit clerk of the county where the notary resides by any means providing a tangible receipt or acknowledgment, including certified mail and electronic transmission, the notarial journal and records, allowing that an electronic journal may be delivered on disk, printed on paper, or transmitted electronically, in accordance with requirements of the same office.
(2) A former notary who intends to apply for a new commission and whose previous commission or application was not revoked or denied by this state, need not deliver the journal and records within thirty (30) days after commission expiration, but must do so within three (3) months after expiration unless recommissioned within that period.
SECTION 53. The following shall be codified as Section 25-33-205, Mississippi Code of 1972:
25-33-205. Death of notary. If a notary dies during the term of commission or before fulfilling the obligations stipulated in Section 25-33-203, the notary's personal representative shall:
(a) Notify the Secretary of State of the death in writing;
(b) As soon as reasonably practicable, destroy or deface all notary seals so that they may not be misused; and
(c) Within thirty (30) days after death, send to the circuit clerk of the county of residence of the notary listed in the records of the Secretary of State's office by any means providing a tangible receipt or acknowledgment, including certified mail and electronic transmission, the notary's journal of notarial acts and any other notarial records, allowing that an electronic journal may be delivered on disk, printed on paper, or transmitted electronically, in accordance with requirements of the same office.
SECTION 54. The following shall be codified as Section 25-33-207, Mississippi Code of 1972:
25-33-207. Revocation. (1) The Secretary of State may revoke a notary commission for any ground on which an application for a commission may be denied under Section 25-33-111.
(2) The Secretary of State shall revoke the commission of any notary who fails:
(a) To maintain a residence in this state; and
(b) To maintain status as a legal resident of the United States.
(3) Prior to revocation of a notary commission, the Secretary of State shall inform the notary of the basis for the revocation and that the revocation takes effect on a particular date unless a proper appeal is filed with the Secretary of State before that date.
(4) Resignation or expiration of a notary commission does not terminate or preclude an investigation into the notary's conduct by the Secretary of State, who may pursue the investigation to a conclusion, whereupon it shall be made a matter of public record whether the finding would have been grounds for revocation.
SECTION 55. The following shall be codified as Section 25-33-209, Mississippi Code of 1972:
25-33-209. Other remedial actions for misconduct. (1) The Secretary of State may deliver a written Official Warning to Cease Misconduct to any notary whose actions are judged to be official misconduct.
(2) The Secretary of State may seek a court injunction to prevent a person from violating any provision of this act
SECTION 56. The following shall be codified as Section 25-33-211, Mississippi Code of 1972:
25-33-211. Publication of sanctions and remedial actions. The Secretary of State shall regularly publish a list of persons whose notary commissions have been revoked by the Secretary of State or whose actions as a notary were the subject of a court injunction or Official Warning to Cease Misconduct.
SECTION 57. The following shall be codified as Section 25-33-213, Mississippi Code of 1972:
25-33-213. Criminal sanctions. (1) In performing a notarial act, a notary is guilty of a felony, punishable upon conviction by a fine not exceeding Five Thousand Dollars ($5,000.00) or imprisonment for not more than five (5) years, or both, for knowingly:
(a) Failing to require the presence of a principal at the time of the notarial act;
(b) Failing to identify a principal through personal knowledge or satisfactory evidence; or
(c) Executing a false notarial certificate as described in Section 25-33-139.
(2) A notary who knowingly performs or fails to perform any other act prohibited or mandated respectively by this act may be guilty of a misdemeanor, punishable upon conviction by a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment for not more than one (1) year, or both.
SECTION 58. The following shall be codified as Section 25-33-215, Mississippi Code of 1972:
25-33-215. Additional remedies and sanctions not precluded. The remedies and sanctions of this act do not preclude other remedies and sanctions provided by law.
SECTION 59. The following shall be codified as Section 25-33-217, Mississippi Code of 1972:
25-33-217. Impersonation. Any person not a notary who knowingly acts as or otherwise impersonates a notary is guilty of a felony, punishable upon conviction by a fine not exceeding Five Thousand Dollars ($5,000.00) or imprisonment for not more than five (5) years, or both.
SECTION 60. The following shall be codified as Section 25-33-219, Mississippi Code of 1972:
25-33-219. Wrongful possession. Any person who knowingly obtains, conceals, defaces, or destroys the seal, journal, or official records of a notary is guilty of a felony, punishable upon conviction by a fine not exceeding Five Thousand Dollars ($5,000.00) or imprisonment for not more than five (5) years, or both.
SECTION 61. Section 25-33-1, Mississippi Code of 1972, which provides for appointment, bond and oath of notaries, Section 25-33-3, Mississippi Code of 1972, which requires a notary to secure a seal, Section 25-33-5, Mississippi Code of 1972, which requires a notary to maintain a register, Section 25-33-7, Mississippi Code of 1972, which provides for disposal of a notary's register and papers, Section 25-33-9, Mississippi Code of 1972, which provides for a notary's power to administer oaths and affirmation, Section 25-33-11, Mississippi Code of 1972, which creates additional powers and duties for notaries; Section 25-33-13, Mississippi Code of 1972, which requires a notary to affix the expiration date of his commission to his notarial acts, Section 25-33-15, Mississippi Code of 1972, which requires a notary to keep a record of protest of a bill or note, Section 25-33-25, Mississippi Code of 1972, which requires non-attorney notaries to notify the public of that status, Section 25-33-27, Mississippi Code of 1972, which prohibits certain advertising practices with regard to immigration matters by notaries, Section 25-33-29, Mississippi Code of 1972, which enacts exceptions for notaries employed by banks and in title transactions, and Section 25-33-31, Mississippi Code of 1972, which specifies penalties for violations of Sections 25-33-25 through 25-33-29, are hereby repealed.
SECTION 62. Section 89-3-7, Mississippi Code of 1972, is amended as follows:
89-3-7. The * * * forms of acknowledgment specified in the Mississippi Notary Act may be used in the case of conveyances or other written instruments affecting real estate or personal property, and any acknowledgment so taken and certified shall be sufficient to satisfy all requirements of law.
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SECTION 63. This act shall take effect and be in force from and after January 1, 2007.