MO Notary - Missouri Notary Notarial Certificates and Wording Questions and Answers 2 — Questions and Answers
Question 1: What is the venue statement on a Missouri notarial certificate?
- The notary's office address
- The state and county where the notarization is performed (Correct answer)
- The signer's home address
- The court jurisdiction for legal disputes
Correct answer: The state and county where the notarization is performed
The venue statement identifies the state and county where the notarization takes place, typically written as 'State of Missouri, County of [name].'
The venue statement (also called the 'venue' or 'caption') on a Missouri notarial certificate identifies the geographic location where the notarial act was performed. It is typically formatted as 'State of Missouri, County of [county name]' and appears at the top of the certificate. The venue is important because it establishes the jurisdiction where the act occurred, which determines which state's laws govern the notarization. The notary must enter the actual county where the notarization takes place, not their home county or county of commission. For remote online notarizations, the venue reflects the notary's location.
Question 2: If a document presented to a Missouri notary does not contain a notarial certificate, what should the notary do?
- Write the certificate by hand on the document
- Refuse to notarize the document
- Attach a separate loose certificate with the appropriate wording (Correct answer)
- Have the signer write the certificate
Correct answer: Attach a separate loose certificate with the appropriate wording
When a document lacks a notarial certificate, the notary may attach a separate loose certificate containing the appropriate statutory wording for the type of notarial act being performed.
When a document presented for notarization does not include a notarial certificate, the Missouri notary may attach a separate loose certificate to the document. This loose certificate should contain the complete statutory wording for the type of notarial act being performed (acknowledgment, jurat, etc.), along with all required elements: venue, date, signer's name, notary's signature, seal, and commission information. The loose certificate should be securely attached to the document and should reference the document to which it pertains. The notary should not select the type of certificate — that decision should come from the signer or document preparer.
Question 3: Which element is NOT typically required in a Missouri acknowledgment certificate?
- The date of the notarization
- The signer's Social Security number (Correct answer)
- The notary's signature and seal
- The venue (state and county)
Correct answer: The signer's Social Security number
A signer's Social Security number is never required on a notarial certificate and should not be included due to identity theft concerns.
A Missouri acknowledgment certificate requires the venue (state and county), the date of notarization, a statement that the signer personally appeared, the signer's name, a statement that the signer acknowledged the document, the notary's signature, and the notary's seal. A Social Security number is NEVER required and should never appear on a notarial certificate. Including a Social Security number would create an identity theft risk every time the document is recorded or viewed publicly. Notaries should be vigilant about not recording unnecessary personal information that could be exploited.
Question 4: What is a 'loose certificate' in Missouri notarial practice?
- A certificate that has not been signed by the notary
- A separate notarial certificate attached to a document that does not contain one (Correct answer)
- A certificate with missing information
- A certificate that has been rejected by the county recorder
Correct answer: A separate notarial certificate attached to a document that does not contain one
A loose certificate is a separate notarial certificate that is attached to a document when the document itself does not include one or when the existing certificate needs to be replaced.
A loose certificate is a pre-printed or typed notarial certificate form that exists as a separate document and is attached (stapled or bound) to the main document being notarized. It is used when: the document does not include a notarial certificate, the existing certificate is for a different type of notarial act, or the existing certificate has been damaged or incorrectly completed. The loose certificate must include all required elements: venue, type of act, date, signer information, notary signature, seal, and commission details. It should clearly identify the document to which it is attached.
Question 5: In Missouri, what does the notarial certificate phrase 'subscribed and sworn before me' indicate?
- An acknowledgment was performed
- A jurat was performed — the signer signed and took an oath in the notary's presence (Correct answer)
- A copy certification was performed
- The document was mailed to the notary
Correct answer: A jurat was performed — the signer signed and took an oath in the notary's presence
The phrase 'subscribed and sworn before me' is used in jurat certificates, indicating that the signer signed (subscribed) and took an oath (sworn) in the notary's presence.
The phrase 'subscribed and sworn before me' is the hallmark language of a jurat certificate. 'Subscribed' means the signer signed the document in the notary's presence, and 'sworn' means the notary administered an oath (or 'affirmed' if an affirmation was used instead). This distinguishes a jurat from an acknowledgment, which uses language like 'acknowledged before me' and does not require the signing to occur in the notary's presence. Understanding these certificate phrases is essential for Missouri notaries to ensure they are performing the correct type of notarial act.
Question 6: Can a Missouri notary modify the pre-printed notarial certificate wording on a document?
- Yes — the notary can change any wording they wish
- Generally no — the notary should not alter the certificate wording without guidance from the document preparer (Correct answer)
- Only to correct their own name
- Only with court approval
Correct answer: Generally no — the notary should not alter the certificate wording without guidance from the document preparer
A Missouri notary generally should not modify pre-printed certificate wording. If the wording is inappropriate, the notary should consult with the document preparer or use a loose certificate.
Missouri notaries should generally not modify pre-printed notarial certificate wording on documents. The certificate wording determines the type of notarial act being performed, and changing it could alter the legal effect of the notarization. Modifying certificate wording could also constitute unauthorized practice of law. If the certificate wording is incorrect for the intended notarial act, the notary should: inform the signer, suggest they contact the document preparer or an attorney, or offer to attach a loose certificate with the correct wording if instructed. Minor clerical corrections (like the venue) may be acceptable.
MO Notary - Missouri Notary Notarial Certificates and Wording Questions and Answers 2
What is the venue statement on a Missouri notarial certificate?