Section 486.605

Title XXXII COURTS

Chapter 486

Effective - 28 Aug 2020   

  486.605.  Notary commission issued, qualifications — denial of application, when, appeal — rulemaking authority. — 1.  Except as otherwise provided in subsection 3 of this section, the secretary shall issue a notary commission to any person who is qualified under subsection 2 of this section and who submits an application in accordance with this chapter.

  2.  In order to be qualified for a notary commission a person shall:

  (1)  Be at least eighteen years of age;

  (2)  Reside or have a regular place of work or business in the state of Missouri;

  (3)  Reside legally in the United States;

  (4)  Read and write English; and

  (5)  Pass the examination required in section 486.630.

  3.  (1)  An applicant who is not a resident of the state may qualify to be a notary if he or she works in Missouri and will use the notary seal in the course of his or her employment in Missouri.

  (2)  Applicants qualifying as a nonresident notary shall authorize the secretary as the agent and representative of such person to accept service of any process or service of any notice or demand required or permitted by law to be served upon such person.

  4.  The secretary may deny an application based on:

  (1)  Submission of an application containing a material misstatement or omission of fact;

  (2)  The fact that the applicant has been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state or of the United States, of any felony or any offense involving dishonesty or moral turpitude, provided that a commission shall not be issued to the applicant within five years after such conviction or plea;

  (3)  A finding or admission of liability against the applicant in a civil lawsuit based on the applicant's deceit;

  (4)  Revocation, suspension, restriction, or denial of a notarial commission or professional license by this or any other state or nation, provided that a commission shall not be issued to the applicant within five years after such disciplinary action; or

  (5)  An official finding that the applicant has previously engaged in official misconduct, regardless of whether disciplinary action resulted.

  5.  An applicant may appeal the denial of an application by filing the form required by the secretary pursuant to subsection 6 of this section with the secretary within thirty days after denial, except an applicant may not appeal if the secretary, within five years prior to the application, has:

  (1)  Denied or revoked for disciplinary reasons any previous application, commission, or license of the applicant; or

  (2)  Made a finding pursuant to section 486.810 that grounds for revocation of the applicant's commission existed.

  6.  The secretary shall promulgate rules providing for appeals from denials of applications, subject to the limitations in section 486.830.

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(L. 2020 H.B. 1655)