10 Steps on How to Become a Notary in MS (Mississippi)
Want to know how to become a notary in MS (Mississippi)? Becoming a notary public in Mississippi involves meeting certain qualifications, completing an application process, and obtaining the necessary supplies to perform notarial acts.
This guide will walk you through the steps to becoming a Mississippi notary public and provide information on performing notarial acts, obtaining a Mississippi notary bond, and maintaining compliance with the Mississippi Secretary of State’s requirements.
1. Qualifications for Becoming a Mississippi Notary Public
To be eligible for a notary public commission in Mississippi, you must meet the following requirements:
- Be at least 18 years of age
- Be a citizen or a permanent legal resident of the United States
- Have been a legal resident of the state of Mississippi for more than thirty days
- Be able to read and write the English language
- Have never been convicted of a disqualifying felony and must not be presently incarcerated or on parole
A. Citizenship and Residence Requirements
A notary applicant must be a citizen or a permanent legal resident of the United States and have been a legal resident in Mississippi for more than 30 days. Non-residents of Mississippi cannot qualify for a Mississippi notary public commission.
B. Age and Language Requirements
Applicants must be at least 18 years old and able to read and write the English language.
C. Criminal Background
Applicants must not have been convicted of a disqualifying felony or be currently incarcerated, on probation, or parole. If an applicant has been pardoned by the Governor or had their voting rights restored by the state Legislature, they may be eligible for a notary commission.
2. Application Process for Mississippi Notary Public
The application process for becoming a Mississippi notary public involves several steps, including completing an application, obtaining a Mississippi notary bond, and purchasing the necessary supplies for performing notarial acts.
A. Complete a Mississippi Notary Application
The first step is to complete a Mississippi notary application and submit it to the Mississippi Secretary of State along with a $25 application fee. The application must be notarized before submission. Once approved, the Secretary of State will mail you a letter with instructions to take the oath of office and obtain a notary bond.
Click here to start the Mississippi notary application process.
B. Obtain a Mississippi Notary Surety Bond
After receiving approval from the Secretary of State, you must purchase a four-year, $5,000 Mississippi notary bond. This bond ensures that if you fail to perform your duties as a Mississippi notary, the bonding company will pay for damages to the injured party up to the policy limit.
C. Order Notary Supplies
At a minimum, a Mississippi notary is required to have a notary seal (stamp) and a notary journal to perform his or her notarial duties. A Mississippi notary stamp must meet specific requirements set by the Mississippi Secretary of State, including displaying the notary’s name, commission expiration date, and county of residence.
When using your official seal make sure their is a designated impression area for your seal or you may need to attach a following document with notary language to execute your notarial act according to mississippi state requirements.
3. Receive Your Notary Commission Certificate
Once you have completed the application process, obtained your Mississippi notary bond, and ordered your notary supplies, the Secretary of State will issue your notary commission certificate. This certificate serves as proof of your authority to perform notarial acts in Mississippi.
4. Understand and Perform Notarial Acts
As a Mississippi notary public, you are authorized to perform various notarial acts, including:
- Taking acknowledgments
- Administering oaths and affirmations
- Taking verifications on oath or affirmation
- Certifying depositions of witnesses
- Witnessing or attesting signatures
- Making or noting a protest of a negotiable instrument
- Making an affidavit regarding the truth of any witnesses or attested signatures in question along with any corrected language, and filing the same in the land records in the office of the chancery clerk where the land is located
- Any other acts authorized by the law of Mississippi
It is crucial to understand the requirements and procedures for each notarial act to ensure compliance with Mississippi law.
5. Maintain Compliance with the Mississippi Secretary of State
Mississippi notaries public must maintain compliance with the Secretary of State’s requirements throughout their commission. This includes updating any changes to your personal information, such as your name, address, or county of residence.
A. Change of Name
If your notary name changes during your commission term, you must notify the Mississippi Secretary of State by submitting an Application for Change of Notary Name form, along with a copy of your marriage license, divorce decree, court order, or any other evidence of the name change, the bond rider, and a filing fee of $20.
B. Change of Address
If your residential, business, or mailing address changes, you must notify the Secretary of State by completing and mailing the Application for Change of Notary Address form, along with the $20 filing fee, within thirty days of the change.
C. Renewal of Notary Commission
To renew your Mississippi notary commission, you must submit a notary application to be recommissioned sixty days prior to the expiration of your existing commission. The renewal process requires following the same procedures as those for a new notary appointment.
6. Consider Obtaining Errors and Omissions Insurance
Although not required by law, it is strongly recommended that every Mississippi notary obtain an Errors and Omissions (E&O) insurance policy. This insurance protects you from claims if a client sues you as a notary. An E&O policy covers unintentional notarial mistakes and pays for legal fees and damages based on the coverage you select as a Mississippi notary public.
7. Notary Journal Requirements
A Mississippi notary public is required to maintain a notary journal to chronicle all notarial acts, whether performed regarding tangible or electronic records. If your notary journal is stolen, lost, destroyed, or otherwise rendered unusable, you must notify the Secretary of State in writing or electronically within ten days of discovering the loss or damage.
8. Perform In-Person Electronic Notarizations
Mississippi allows notaries public to perform in-person electronic notarizations. To perform electronic notarizations, a Mississippi notary public must use an electronic notarization system that meets the requirements of the Revised Mississippi Laws on Notarial Acts and the Mississippi Secretary of State’s rules.
9. Remote Online Notarization
Currently, remote online notarization is not permitted in Mississippi. Mississippi notaries public cannot perform notarial acts while physically outside the geographical borders of the state or in other states or jurisdictions unless authorized by those states or jurisdictions.
10. Fees for Notarial Acts
A Mississippi notary public may charge fees for notarial acts, as long as the fees do not exceed the amounts specified by law. The fees allowed for various notarial acts are as follows:
- For acknowledgments: $5 per signature
- For oaths or affirmations without a signature: $5 per person
- For jurats: $5 per signature
- For witnessing a signature: $5 per signature
Become A Mobile Notary
A notary public may also charge a travel fee when traveling to perform a notarial act, provided that the notary and the person requesting the notarial act agree on the fee in advance, and the notary explains that the travel fee is separate from the notarial fee and not specified or mandated by law.
A few services you can provide as a mobile notary include working with a title company to do loan signings, becoming a notary signing agent. Doing a loan closing is not the only service mobile notaries provide. A few types of notary services you can provide are apostille processing, fingerprinting, and legal process serving.
Due to these activities being above and beyond the scope of notarial acts it is suggested to join the national notary association, get extra business insurance coverage, and background checks to be prepared.
By following this comprehensive guide and adhering to the requirements set forth by the Mississippi Secretary of State, you can successfully become a Mississippi notary public and perform notarial acts with confidence and professionalism.