Section 486.775

Title XXXII COURTS

Chapter 486

Effective - 28 Aug 2020   

  486.775.  Notarial act may be performed, when — seal, signature, title, prima facie evidence, when — reciprocity, when. — 1.  A notarial act may be performed within this state by the following persons:

  (1)  A notary of this state;

  (2)  A judge, clerk, or deputy clerk of any court of this state; or

  (3)  Any other person authorized by the law of this state to perform a specific notarial act.

  2.  The official signature, seal, and title of a person authorized by subsection 1 of this section to perform a notarial act shall be considered prima facie evidence that the signature and seal are genuine and that the person holds the indicated title.

  3.  A notarial act shall have the same effect under the law of this state as if performed by a notarial officer of this state if performed in another state, commonwealth, territory, district, or possession of the United States by any of the following persons:

  (1)  A notary of that jurisdiction;

  (2)  A judge, clerk, or deputy clerk of a court of that jurisdiction; or

  (3)  Any other person authorized by the law of that jurisdiction to perform notarial acts.

  4.  The official signature, title, and, if required by law, seal of a person whose authority to perform notarial acts is recognized by subsection 3 of this section shall be considered prima facie evidence that the signature and seal are genuine and that the person holds the indicated title, and, except in the case of subdivision (3) of subsection 3 of this section, shall conclusively establish the authority of a holder of that title to perform a notarial act.

  5.  A notarial act shall have the same effect under the law of this state as if performed by a notarial officer of this state if performed anywhere by any of the following persons under authority granted by the law of the United States:

  (1)  A judge, clerk, or deputy clerk of a court;

  (2)  A commissioned United States military officer on active duty;

  (3)  A foreign service or consular officer of the United States; or

  (4)  Any other person authorized by federal law to perform notarial acts.

  6.  The official signature, title, and, if required by law, seal of a person whose authority to perform notarial acts is recognized by subsection 5 of this section shall be considered prima facie evidence that the signature and seal are genuine, that the person holds the indicated title, and, except in the case of subdivision (4) of subsection 5 of this section, shall conclusively establish the authority of a holder of that title to perform a notarial act.

  7.  A notarial act shall have the same effect under the law of this state as if performed by a notarial officer of this state if performed within the jurisdiction and under authority of a foreign nation or its constituent units or a multinational or international organization by any of the following persons:

  (1)  A notary or other notarial officer;

  (2)  A judge, clerk, or deputy clerk of a court of record; or

  (3)  Any other person authorized by the law of that jurisdiction to perform notarial acts.

  8.  The official seal or stamp of a person whose authority to perform notarial acts shall be recognized by subsection 7 of this section shall be considered prima facie evidence that the signature is genuine, that the person holds the indicated title, and, except in the case of subdivision (3) of subsection 7 of this section, shall conclusively establish the authority of a holder of that title to perform a notarial act.

  9.  The authority of an officer to perform notarial acts shall be conclusively established if the title of the office and indication of authority to perform notarial acts appears either in a digest of foreign law or a list customarily used as a source for that information.

  10.  An apostille in the form prescribed by subsection 3 of section 486.770 shall conclusively establish that the signature and seal of the notarial officer referenced in the apostille are genuine and that the person holds the indicated office.

  11.  A certificate of a foreign service or consular officer of the United States stationed in the nation under whose jurisdiction the notarial act was performed, or a certificate of a foreign service or consular officer of that nation stationed in the United States, conclusively establishes any matter relating to the authenticity or validity of the notarial act referenced in the certificate.

  12.  Nothing in this section shall be construed to permit a notary of this state to perform a notarial act outside of this state without meeting the legal requirements of the state, commonwealth, territory, district or possession of the United States, or foreign nation in which the notarial act is performed.

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(L. 2020 H.B. 1655)