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MO Administrative Rules 2017 (Electronic Signature and Seal)

Rule/Regulation

State: Missouri

Effective: June 14, 2017

Summary

The Missouri Secretary of State has published final rules defining and regulating electronic signatures and seals used by Notaries.

Affects

Adds Sections 15 CSR 30-110.010 and 15 CSR 30-110.020.

Changes
  1. Defines "capable of independent verification," "electronic," "electronic signature," "electronic seal," "electronic notarial certificate," "principal," "record" and "sole control."
  2. Permits a Notary to use an electronic seal in the performance of a notarial act.
  3. Provides that in using an electronic signature and seal in the performance of a notarial act, a Notary must adhere to all applicable Missouri laws that apply to Notaries.
  4. Provides that when a notarial act requires an electronic record to be signed, the principal must appear in person before the Notary.
  5. Requires a Notary to keep in the sole control of the Notary any system used to produce the Notary's electronic signature and seal.
  6. Requires the electronic signature and seal of a Notary to contain the Notary's name exactly as indicated on the Notary's commission, and requires the electronic seal to contain all elements of a Notary seal required by law and meet all other statutory Missouri requirements regarding Notary seals.
  7. Provides that if an electronic signature or seal is used in the performance of a notarial act, a Notary must complete an electronic notarial certificate that is attached or logically associated with the Notary's electronic signature and seal.
  8. Requires the Secretary of State to publish on the Secretary's website the name of duly commissioned Notaries and commission number of Notaries for the purposes of being capable of independent verification.
Analysis

After having issued an emergency rule for electronic signatures and seals earlier in the year, the Secretary of State has adopted a final rule on electronic signatures and seals. The rules are straightforward. The notice of final rulemaking indicated that no comments on the definitions (15 CSR 30-110.010) were received, and thus, they were adopted as proposed. The Secretary did receive comments on the actual rules for electronic signatures and seals (15 CSR 30-110.020) and made changes that are reflected in the final rule. Three notable changes were made. A proposed rule requiring a Notary to provide written notice to the Secretary upon first use of an electronic signature and seal was removed. In addition, the proposed rule requiring a Notary's electronic signature to be identical to the signatures on file with the Secretary also was removed. Finally, the proposed rule requiring an electronic signature to be capable of independent verification was removed.

Read the 2017 final rule.

Read the 2021 notice rescinding these rules (see page 72).

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