PURPOSE: This rule describes the process for notary use of electronic signatures and seals.

1. (1) A notary may use an electronic seal in the performance of a notarial act.
2. (2) In using an electronic signature and seal in the performance of a notarial act, the notary public must adhere to all applicable laws of this state that apply to notaries public.
3. (3) When a notarial act requires an electronic record to be signed, the principal must appear in person before the notary public.
4. (4) A notary public must keep in the sole control of the notary any system used to produce the notary’s electronic signature and seal.
5. (5) The electronic signature and seal of a notary public shall contain the notary’s name exactly as indicated on the notary’s commission, and the electronic seal must contain all elements of a notary seal required by law and meet all other statutory requirements of this state regarding notary seals.
6. (6) If an electronic signature or seal is used in the performance of a notarial act, a notary public shall complete an electronic notarial certificate that is attached or logically associated with the notary’s electronic signature and seal.
7. (7) The secretary of state shall 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.

AUTHORITY: section 486.275, RSMo 2016.* Emergency rule filed Dec. 21, 2016, effective Dec. 31, 2016, expired June 28, 2017. Original rule filed Dec. 21, 2016, effective June 30, 2017.

*Original authority: 486.275, RSMo 1977, amended 2016.