Missouri extends remote notarization order to December
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Regulatory Updates, Remote Online Notarization
Wednesday, August 26, 2020
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Missouri Gov. Michael Parson issued Executive Order 20-13, which among other things extends Executive Order 20-08, which suspends the requirement of personal appearance before a notary public by authorizing the use of audio-video technology, until Dec. 1.
This is the third time Executive Order 20-08 has been extended since it was issued April 6.
Under Executive Order 20-08, notaries are authorized to use audio-video technology as long as the following conditions are met:
- “Any notarial act performed through video conference in compliance with this order shall have the same force, effect, and validity as any other notarial act performed in compliance with Missouri law, and may be relied upon to the same extent as any other notarial act under Missouri law.
- That the document must contain a notarial certificate, a jurat or acknowledgement, which states the principal appeared remotely pursuant to Executive Order 20-08.
- Any person whose signature is to be notarized must display a valid photo ID to the notary during the video conference if the person is not personally or otherwise known to the notary.
- That the person must affirmatively represent that he or she is physically situated in the state of Missouri.
- The video conference is a live, interactive audio-visual communication between the principal, notary, and other necessary persons, which allows for observation, direct interaction, and communication at the time of signing.
- That the notary shall record in their journal the exact time and software used to perform the notarial act along with all other required information, absent the signature of the principal.
- That the notary must be physically located in the state of Missouri and state which county they are physically in for the jurisdiction on the notarial certificate.
- That if the document needs to be presented in a paper medium, it shall satisfy the requirements of being an original document, and prima facie evidence, if the notary prints the document and affixes an attestation stating that is a true and correct copy of the electronic document, shall state it was performed pursuant to Executive Order 20-08 and the notary signs and affixes their rubber stamp notary seal.
- That the fees allowed for notarization under this executive order shall be the same as those allowed for other notarial acts, except a fee charged for the use of a remote online notary platform or service shall not be considered a fee for a notarial act pursuant to section 486.350, RSMo.
- That the secretary of state shall retain the powers provided to him under the law to investigate and adjudicate any notary complaint related to the methods of notarization under this executive order.”
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