MS Administrative Rule (Authentications) | NNA
Rule

MS Administrative Rule (Authentications)

Notary Law Update: MS Administrative Rule (Authentications)

State: Mississippi

Summary:

The Mississippi Secretary of State has adopted a new rule authorizing the Secretary to refuse authentication of a document when the Secretary has good reason to believe the authentication is desired for an unlawful or improper purpose, and requires the Secretary to examine the document to determine if the requested notarization is appropriate and not contrary to the public interest.

Signed:  September 29, 2015

Effective:  October 29, 2015

Chapter: N/A

Affects:

Adds Title 1, Part 5, Chapter 5, Rule 8.1.1 to the Mississippi Administrative Code

Changes:
  1. Authorizes the Secretary of State from issuing an authentication for a document if the Secretary has good reason to believe that the certification is desired for an unlawful or improper purpose.
  2. Clarifies it is the duty of the Secretary to examine the document, as may be necessary to establish that the requested authentication is appropriate and not contrary to public interest.
Analysis:

Notary regulating officials are often asked to authenticate the signature and seal of a Notary on documents that are destined for foreign countries. In recent years several states have enacted laws, or in Mississippi's case, adopted a rule authorizing the Secretary of State or other official who is responsible for issuing Apostilles and certifications for documents when it is determined the request will further an unlawful end. These laws are designed to thwart the so-called sovereign citizens who seek to legitimize their unlawful or questionable transactions and documents by obtaining an authentication. They believe their documents are given more legal weight if they are able to obtain an Apostille for the document. Mississippi's solution was to adopt a new administrative rule since it has authority under Mississippi's statutes to adopt rules.

Read the text of the administrative rule.

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