MS Senate Bill 2647 | NNA
Law

MS Senate Bill 2647

Notary Law Update: MS Senate Bill 2647

State: Mississippi

Summary:

Senate Bill 2647 lists in statute the qualifications to become a Notary, requires a surety providing the Notary's bond to be licensed by the Mississippi Department of Insurance and authorizes the Secretary of State to publish regulations to implement Chapter 33 of the Mississippi Code.

Signed:  March 22, 2007

Effective:  July 01, 2007

Chapter: 427

Affects:

Amends Section 23-33-1 of and adds a new Section 23-33-33 to the Mississippi Code

Changes:
  1. Lists the qualifications for a Notary Public commission as follows: (a) 18 years of age or older; (b) U.S. citizenship or legal residence in the U.S.; (c) Residency in Mississippi for at least 30 days prior to the date of application; and (d) Any other requirements that the Secretary of State may establish by rule.
  2. Requires the surety of the Notary’s $5,000 bond to be licensed by the Mississippi Department of Insurance and approved by the Secretary of State.
  3. Authorizes the Secretary of State to prescribe forms and fees for services not otherwise provided by law and issue regulations to implement chapter 33 of the Mississippi Code related to Notaries, including rules providing for the suspension or revocation of a Notary commission for misfeasance or malfeasance.
  4. Makes other technical changes.
Analysis:

This new law removes Mississippi from a short list of states that do not formally state the qualifications for a Notary commission in statute (Alabama also currently does not). In addition to regulating the sureties of a Notary’s bond, this legislation authorizes the Secretary of State to publish rules to “flesh out” Chapter 33 — including prescription of forms and fees. This may be significant because several bills to raise Notary fees in the state have failed in recent years. It is worthy to note that the last Mississippi Notary law change in 2004 added prohibitions for immigration advertising and engaging in the unauthorized practice of law.

Read the bill text.

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