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MO Emergency Rules 2017 (Electronic Signature and Seal)

Rule/Regulation

State: Missouri

Effective: December 31, 2016

Summary

The Missouri Secretary of State has published an emergency rule regarding the use of electronic signatures and seals by Notaries which takes temporary effect.

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. Requires a Notary who uses an electronic signature and seal to provide written notice to the Secretary of State before first using the electronic signature and seal.
  4. 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.
  5. Provides that when a notarial act requires an electronic record to be signed, the principal must appear in person before the Notary.
  6. Requires a Notary to keep in the sole control of the Notary any system used to produce the Notary's electronic signature and seal.
  7. 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.
  8. Requires a Notary's electronic signature to be identical to the signatures on file with the Secretary of State.
  9. Requires an electronic signature to be capable of independent verification.
Analysis

This emergency rule is necessary due to the enactment of SB 932 (2016). SB 932 provided that electronic signatures may now be used to satisfy notarial acts performed by Notaries. RSMo 486.275.2 states that “if a signature or record is required to be notarized, acknowledged, verified, or made under oath, notwithstanding the provisions of section 486.285 to the contrary, the requirement is satisfied if the electronic signature of the person authorized to perform such acts, together with all other information required to be included, is attached to or logically associated with the signature or record.” In addition, the statute doesn't provide Notaries with any guidance for the use of an electronic signature and seal. The emergency rule was the product of consultations with various stakeholders, including the NNA, during the fall of 2016. The emergency rule was filed on December 21, 2016, and is effective from December 31, 2016, to June 28, 2017. The Secretary intends to publish a permanent rule in the next few months.

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