A Few Helpful Laws And Guidelines To
Assist A Mississippi Notary Public

INDEX

(Select a link below to jump directly to a topic.)

History of Notary Public Office

How to become a Notary Public

Powers and Duties

Procure Seals/Expiration Date

Official Acts Register

Name change, resignation, and death

Additional Notary Statutes

Fee Schedule

A few helpful laws and guidelines to assist a Mississippi Notary Public.

HISTORY OF NOTARY PUBLIC OFFICE

Until the 1988 Legislature changed the jurisdiction of the notary, all notaries were limited in their authority to the county of their residence and any adjacent counties. Recognizing that it is common for many notaries to be employed in counties other than their county of residence, the Legislature passed Chapter 456. Laws of the 1988 which allows the Governor to appoint a notary to statewide authority.

The office of Notary Public is one of the oldest public officers which have existed from the time of the Roman Empire. The office is also a product of English Common Law. The office of the Notary Public was used in both Roman and Common Law to facilitate the conduct of trade between merchants of different nations.

Mississippi Law is based on English Common Law. The notary's function in the State is defined by statute and these statuettes are included in this handbook. The handbook explains your responsibility as a potential notary based on these statutes and decisions from Mississippi Courts.

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HOW TO BECOME A NOTARY PUBLIC

The primary function of the Mississippi notary is to take acknowledgements. This involves ascertaining the identify of the person appearing before you. You may be required to verify the validity of the signature appearing on the document as being signed by that person.

Section 25-33-1
The Governor may appoint notaries public who may serve in any or all counties of this state. A notary public shall hold office for a term of four (4) years. Notaries public who are appointed and commissioned after July 1, 1988, shall give bond, with sufficient sureties in the penalty of Five Thousand Dollars ($5,000.00). All such bonds shall be conditioned and approved (as bonds of state officers are required to be.) except that notaries public shall no otherwise be considered as state officers. Each notary public shall take the oath of office prescribed by Section 268 of the Constitution. A notary public shall qualify by filing the oath and bond in the office of the Secretary of State.

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POWER AND DUTIES

Section 25-33-11
Every notary public shall have power to receive the proof or acknowledgement of all instruments of writing relating to commerce or navigation, such as bill of sale, bottomries, mortgages, and hypothecations of ships, vessels, or boats, charter parties of affreightment, letters of attorney, and such other writings as are commonly proved or acknowledged before notaries; and to make declarations and certify the truth thereof, under his seal of office, concerning all matters done by him in virtue of his office.

Explanation For Section 25-33-1
One of the primary duties provided in the above statue is that of taking acknowledgments. The most important requirement for an acknowledgment is that you positively identify the person acknowledging a document before you. The person must have personally appeared before you. You cannot take an acknowledgment through a third person, over the telephone, or in any other method other than having the person personally appear before you. The person must be placed under oath if the acknowledgment so states and must sign in the presence of the notary.

Remember, you may run the risk of being sued for negligence or malfeasance in office if you fail to properly establish the identity of the person appearing before you. You should also be careful not to take an acknowledgments in matters in which you may have personal interest. You should avoid conflicts of interest relating to your duties.

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PROCURE SEALS/EXPIRATION DATE

Section 25-33-3
Every notary public appointed and commissioned shall, at his own expense, procure a suitable notarial seal. Each seal shall have the name of the county of the notary's residence with that of the state and his own name on the margin thereof, and the words "notary public" across the center; and his official acts shall be attested by his seal of office.

Explanation For Section 25-33-3.
Care should be taken to protect and secure your seal. You should not allow anyone else to use your seal. Failure to protect the security of your seal may subject you to liability for its misuse.

Section 25-33-13
Every notary public, holding commission as such through appointment by the Governor, shall be required to affix to any written or printed certificate of acknowledgment by him, in addition to his official seal and signature, a written or printed recital of the date at which his commission expires. The failure of such notary public to affix such recital of date at which is commission expires shall not invalidate the acknowledgement of such instrument of such certificate of acknowledgement, or otherwise affect the validity or recording of any instrument.

In case of the failure hearafter on the part of any notary public, so holding commission, to comply with the requirement of this section, his commission may be revoked by the Governor.

Explanation For Section 25-33-13
A written or printed statement of the date your commission expires is required to be placed on each document you notarize. You should pay particular attention to that date as it will alert you to the date after which you can no longer act as a notary public.

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OFFICIAL ACTS REGISTER

Section 25-33-5
Every notary public shall keep a fair register of all his official acts and shall give a certified copy of his record, or any part thereof, to any person applying for it and paying the legal fees therefore.

The law does not specify in which format the notary register should be, but it is suggested by the Secretary of State that it include:

1. Date/Time of notarial act
2. Type of notarial act
3. Document involved
4. Name/Address of each signature notarized
5. Capacity of person signing document
6. Type of identification presented
7. Signature of each person whose signature was notarized
8. Fee received
9. Additional information

Section 25-33-7
In case of the death, resignation, disqualification or expiration of the term of office of any notary public, his registers and other public papers shall, within thirty (30) days, be lodged in the office of the cleric of the circuit court of the county where he resided; and the clerk may maintain an action for them.

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NAME CHANGE, RESIGNATION, AND DEATH

If you wish to resign your notary commission, contact the office of the Secretary of State in writing by returning your commission and depositing your records in the office of the Circuit Clerk of your county of residence.

Ensure your seal is properly protect and if you do not wish to become a notary in the future, destroy your seal to prevent unauthorized use.

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ADDITIONAL NOTARY STATUES

Section 25-33-9
Every notary public shall have the power of administering oaths and affirmations in all matters incident to his notarial office, and he shall be further qualified and empowered to administer oaths and affirmations for the purpose of taking oral testimony under oath of affirmation within the state at large.

Section 25-33-15 - RECORD OF PROTEST
When any notary public, justice of the peace, or clerk shall protest any bill of exchange or promissory note, he shall make a full and true record in his register or book kept for that purpose of all his proceedings in relation thereto, and shall note thereon whether demand of the sum of money therein mentioned was made, of whom, when, and where; whether he presented such bill or note; whether notices were given, to whom, and in what matter; where the same was mailed, and when and whom and where directed; and every other fact touching the same.

Section 25-33-17 - EX OFFICIO NOTARIES PUBLIC
All justice court judges, clerks of the circuit and chancery courts and assistant secretaries of the state are notaries public by virtue of their office, and shall possess all the powers and discharge all the duties belonging to the office of notary public, and may authenticate all their acts, instruments and attestations by the common seal of office; and all acts done by them of a notarial character shall receive the same credit and legal effect as are attached to the acts of notaries public.

Section 25-33-19 - COMMON SEAL OF OFFICERS
The board of supervisors of every county shall provide a notarial seal, with the inscription "notary public" around the margin and the image of an eagle in the center, which seal shall be kept in the office of the clerk of the circuit court; and ex-officio notaries public may at all times have access to and use such seal for the authentication of any notarial act necessary to be so authenticated.

Section 25-33-21 - ACKNOWLEDGMENT AS STOCKHOLDER
It shall be lawful for any notary public who is a stockholder, director, officer, or employee of a bank or other corporation to take the acknowledgment of any party to any written instrument to or by such corporation, or to administer an oath to any other stockholder, director, officer, employee, or agent of such corporation, or to protest for non-acceptance or non-payment bills of exchange, drafts, checks, notes, and other negotiable instruments which may be owned or held for collection by such corporation; provided, it shall be unlawful for any notary public to take the acknowledgement of an instrument by or to a bank or other corporation of which he is a stockholder, director, officer, or employee, where such notary is a party to such instrument, either individually or as a representative of such corporation, or to protest any negotiable instrument owned or held for collection by such corporation where such notary is individually a party to such instrument.

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FEE SCHEDULE

Section 25-7-1
It shall be lawful for the clerk of the supreme court, the clerks of the circuit and chancery courts, masters and commissioners in chancery, sheriffs, coroners, constables, justices of the peace, notaries public, and other officers and persons named in this chapter to demand, receive, and take the several fees hereinafter mentioned and allowed for any business by them respectively done by virtue of their several offices, and no more.

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