MS Administrative Rule (Bond Filing) | NNA

MS Administrative Rule (Bond Filing)

Notary Law Update: MS Administrative Rule (Bond Filing)

State: Mississippi

Summary:

An amendment to Rule 2.5 of the Mississippi Notary Public administrative rules requires applicants to timely file the required Notary bond within 60 days of the date on the Notary application. The new rule also states that bonds that are not timely filed will result in the rejection of the application.

Signed:  August 18, 2014

Effective:  September 17, 2014

Chapter: N/A

Affects:

Amends Agency 21, Title 1, Part 5, Chapter 2, Rule 2.5 of the Mississippi Administrative Code

Changes:
  1. Requires applicants for a Notary commission to submit the required $5,000 bond to the Secretary of State within 60 days of the Notary application date.
  2. Clarifies that failure to timely file the bond will result in the rejection of the application for a Notary commission.
Analysis:

In Mississippi, the application process involves two steps. First, an application form and fee are submitted to the Secretary of State. If the application is complete and accompanied by the fee, the Secretary of State transmits it to the Governor. If the Governor approves the application, a pre-commission certificate is mailed to the applicant. Second, at this point the applicant must obtain the $5,000 surety bond and oath. The surety bond and oath are then mailed to the Secretary of State’s office. The surety bond must be approved by the insurance commissioner and the Governor before a commission can be issued. Once the bond has been approved, the Secretary of State will mail the applicant a commission certificate. Since the filing of the bond occurs after the filing of the application and application fee, this new rule effective September 17, 2014 requires applicants to timely file the required Notary bond within 60 days of the date on the Notary application. Since evidently some applicants in the past waited in excess of 60 days before filing the bond, the new rule states that bonds that are not timely filed will result in the rejection of the application. To renew the commission, within 60 days prior to expiration of the current commission, the Notary must file a new application and, when approved, submit a new bond.

Read the text of the administrative rule.

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