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MS Administrative Rules (2025)

Rule/Regulation

State: Mississippi

Effective: September 27, 2025

Summary

New rules adopted by the Mississippi Secretary of State relate to Notary commissions and bonds, as well as authentications and apostilles.

Affects

Adds Rules 2.4 and 12 to and amends Rules 2.5, 26.6, 3.3; 4.5, and 10.2 of the Mississippi Administrative Code Part 5, Chapter 1.

Changes

Notary Commission and Surety Bonds

  1. Requires applicants to present satisfactory proof of identity before taking the oath of office or registering their official signature.
  2. Requires that, before issuance of a Notary commission, the applicant must: (a) execute the oath of office in accordance with Section 41(3) of the act, and (b) submit the bond in accordance with Section 41(4) of the act.
  3. Provides that a Notary commission becomes effective only after the applicant files both an oath of office and a $5,000 bond with the Secretary of State.
  4. Requires the bond to be issued by a surety licensed by the Mississippi Department of Insurance for a 4-year term, aligning with the commission's effective and expiration dates.
  5. Conditions bond payments on a Notary’s misconduct, misfeasance, or malfeasance.
  6. Mandates that the bond be on SOS Form NP 002 or substantially conform to the bond form in Mississippi Code 25-1-15.
  7. Requires submission of the bond to the Secretary of State within 60 days of the application date or the application will be rejected.
  8. Authorizes the Secretary of State to suspend a Notary’s commission if the bond is exhausted by claims, pending: (a) obtaining a new bond, and (b) determining the Notary’s fitness to serve the remainder of the term.

Authentications

  1. Provides that evidence of a Notary’s official seal and signature for out-of-state or international documents must be in one of two forms: (a) a certificate of authority from the Secretary of State, potentially followed by further U.S. or foreign government authentication; or (a) an apostille from the Secretary of State for documents sent to countries that are parties to the Hague Convention of October 5, 1961.
  2. Prescribes the contents of a certificate of authority, as specified.
  3. Prescribes the form of the apostille, as specified.
  4. Authorizes the Secretary of State to refuse authentication if there is good reason to believe that the certification is sought for an unlawful or improper purpose.
  5. Assigns the duty to the Authentication Officer to examine documents as necessary to ensure that the requested authentication is appropriate and not against the public interest.

Other Changes

  1. Requires a Notary, after reacquiring possession of a lost or stolen journal or official stamp, to notify the Secretary of State within 10 calendar days.
  2. Makes technical changes.

Analysis

This new rule adoption from the Mississippi Secretary of State’s office adds specifications for Notary bonds, requirements for Notary commissions, rules for authentications and apostilles, and adds grammatical edits.

Read the administrative rules.

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