reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 12 - Search Requests and Reports › Rule 1-4-12.5 - Search Responses

Current through June 25, 2024
Reports created in response to a search request shall include
				  the following:
A. Filing Office
				Certificate - The filing office upon request and payment of the search fee
				shall issue a filing officer's certificate indicating the following:
1. Identification of the filing office and
				the certification of the filing officer required by the UCC.
2. The date the report was generated.
3. Identification of the name
				searched.
4. The certification date
				applicable to the report; i.e., the date and time through the search is
				effective to reveal all relevant UCC documents filed on or prior to that date.
5. Identification of each active
				initial financing statement filed on or prior to the certification date and
				time corresponding to the search criteria, by name of debtor, by identification
				number, and by file date and file time.
6. For each initial financing statement
				listed on the report, a listing of all related UCC documents filed by the
				filing officer on or prior to the certification date.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 13 - Other Notices of Liens › Rule 1-4-13.1 - Policy Statement

Current through June 25, 2024
The purpose of rules in this section is to describe records
				  of liens maintained by the filing office created pursuant to statutes other
				  than the UCC that are treated by the filing officer in a manner substantially
				  similar to UCC documents and are included on request with the reports described
				  in Rule 12.5.
75-9-501 et seq.
				  Mississippi Code of 1972 as amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 13 - Other Notices of Liens › Rule 1-4-13.2 - Notice of Federal Tax Lien

Current through June 25, 2024
A. Filing - Notices
				of federal liens are filed and maintained by the filing officer pursuant to the
				Mississippi Code §§
									85-8-1, et
				seq., the Uniform Federal Lien Registration Act.
1. Where to file - Notices of federal liens
				are filed with the filing officer pursuant to Mississippi Code §
										85-8-5.
2. Fee - The fee for filing and
				indexing each notice of lien or certificate or notice affecting the lien in the
				Office of the Secretary of State is Five Dollars ($5.00) as set out in
				Mississippi Code §
										85-8-13.
3. Duration - A notice of federal
				lien or certificate or notice affecting the lien shall remain on the file with
				the filing officer in accordance with Mississippi Code §
										85-8-9.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 4 - Uniform Commercial Code › Chapter 13 - Other Notices of Liens › Rule 1-4-13.5 - Agricultural Liens - Mississippi Central Filing System Regulations for Farm Products

Current through June 25, 2024
A. Summary of
				Agricultural Central Filing System - The Mississippi Secretary of State
				prescribes regulations for implementation and management of a "Central Filing
				System" for an "effective financing statement" as defined in Chapter of these
				regulations.
1. Supplementary Information -
				Section 1324 of the Food Security Act of 1985, P.L. 99-198 (hereinafter "The
				Food Security Act"), is headed "Protection For Purchasers of Farm Products."
				Subsections (e) and (q) of the Food Security Act provide that certain persons
				may be made subject to a security interest in a Farm Product created by the
				seller under certain circumstances including the existence of a statewide
				"central filing system" for an "effective financing statement." Part three of
				Senate Bill 2626 (2001 Mississippi Legislative Session), Mississippi Code
				§
										75-9-320(g)
				provides; "The Secretary of State shall issue regulations implementing a
				central filing system relating to farm products." These regulations set forth
				requirements for the implementation of the Central Filing System. This document
				is believed and intended to be in full compliance with the regulations
				promulgated by the United States Department of Agriculture in accordance with
				the Food Security Act for certification of the Central Filing System. The
				Secretary of State's authority and responsibility is limited to the
				implementation and management of the Central Filing System. The Secretary of
				State's authority does not extend to other matters under the section. The
				legislation does not give the Secretary any authority or responsibility
				relating to such matters and direct notification by secured parties, sales and
				payment for products, standards for making checks payable, and procedures for
				personal liability protection. These regulation are subject to changes to
				reflect amendments to federal Law/or federal regulations.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 1 - GENERAL PROVISIONS › Rule 1-5-1.1 - Scope

Current through June 25, 2024
This chapter implements the Revised Mississippi Law on
				  Notarial Acts. This chapter governs the qualification, commissioning, notarial
				  acts, conduct, and discipline of notaries public in this
				  State.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 1 - GENERAL PROVISIONS › Rule 1-5-1.2 - Definitions

Current through June 25, 2024
Words and terms used in this chapter have the same meaning as
				  in the Revised Mississippi Law on Notarial Acts. In addition, the following
				  words and terms, when used in this chapter, have the following meanings, unless
				  the context clearly indicates otherwise:
A. "
Act
" means the Revised
				Mississippi Law on Notarial Acts.
B. "
Address
" means a property
				location identification including a number, directional prefix, road name (unit
				number, if applicable), city, state, and zip code.
C. "
Affirmation
" means a
				notarial act, or part thereof, which is legally equivalent to an oath and in
				which an individual at a single time and place:
(1). appears in person before the
				notary;
(2). is personally known to
				the notary or identified by the notary through satisfactory evidence;
				and
(3). Makes a vow of
				truthfulness or fidelity on penalty of perjury, based on personal honor and
				without invoking God or using any form of the word "swear."
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 2 - QUALIFICATIONS FOR APPOINTMENT AND COMMISSION › Rule 1-5-2.1 - Eligibility-applicants holding state and federal office

Current through June 25, 2024
Individuals who are employed by the legislative, executive,
				  or judiciary branch of the United States government but who are neither elected
				  nor appointed to office are eligible for appointment and commission as a notary
				  public.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 2 - QUALIFICATIONS FOR APPOINTMENT AND COMMISSION › Rule 1-5-2.2 - Eligibility-deemed resignation

Current through June 25, 2024
If a notary public does not reside in this State, that notary
				  public will be deemed to have resigned from the office of notary public as of
				  the date the residency ceases or employment within this State terminates. A
				  notary public who resigns that notary public's commission in accordance with
				  this section must notify the Secretary of State in writing or electronically
				  within thirty (30) calendar days of the effective date of the
				  resignation.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 2 - QUALIFICATIONS FOR APPOINTMENT AND COMMISSION › Rule 1-5-2.3 - Application for appointment

Current through June 25, 2024
A. Applications for
				appointment must be typed or legibly written on forms provided by the Secretary
				of State.
B. Applications for
				appointment must include:
1. the applicant's
				legal name and their commission name;
2. the applicant's date of birth;
3. the applicant's physical residence
				address, a valid email address, and telephone number;
4. the applicant's business address and
				telephone number, the business mailing address, if different, and the name of
				the applicant's employer, if any;
5. a declaration that the applicant is a
				citizen of the United States or of the applicant's status as a permanent legal
				resident of the United States (green card);
6. a declaration that the applicant can read
				and write English;
7. a declaration
				that the applicant has never had a denial, revocation, suspension, restriction,
				or resignation of a notarial commission in this State or any other state or
				nation;
8. a declaration that the
				applicant has not been convicted of a felony in this State or other
				state-nation and is not presently incarcerated or on parole;
9. evidence of a surety bond or its
				functional equivalent in the amount of Five Thousand Dollars ($5,000.00),
				signed by the notary public, that conforms to Section 41(4) of the Act
				(relating to qualifications);
10.
				payment of the prescribed fee; and
11. a signed and notarized oath of
				office.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 2 - QUALIFICATIONS FOR APPOINTMENT AND COMMISSION › Rule 1-5-2.4 - Appointment and issuance of commission

Current through June 25, 2024
A. Every applicant
				must take the oath of office prescribed by Section 268 of the Mississippi
				Constitution in the presence of a notary public of the State of Mississippi.
				The oath shall be submitted on forms provided by the Secretary of
				State.
B. Before taking the oath of
				office or registering an official signature, an applicant shall present
				satisfactory evidence of the applicant's identity as set forth in Section 11 of
				the act (relating to identification of individual).
C. Before issuance of a commission as a
				notary public, the applicant for a commission must:
1. execute the oath of office as set forth in
				Section 41(3) of the act (relating to qualifications) to the Secretary of
				State; and
2. submit a bond as set
				forth in Section 41(4) of the act (relating to qualifications) to the Secretary
				of State.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 2 - QUALIFICATIONS FOR APPOINTMENT AND COMMISSION › Rule 1-5-2.5 - Reappointment

Current through June 25, 2024
A. A current notary public may submit an
				application for reappointment ninety (90) days prior to the expiration of an
				existing commission. The date of the new commission shall be the date
				immediately after the expiration date of the current commission.
B. Applications for reappointment to the
				office of notary public must be filed at least sixty (60) calendar days prior
				to the expiration of the commission under which the notary public is
				acting.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 2 - QUALIFICATIONS FOR APPOINTMENT AND COMMISSION › Rule 1-5-2.6 - Term of commission

Current through June 25, 2024
A. The term of a
				notary public commission shall expire on the expiration date of the notary
				public's surety bond, no more than four (4) years after the commission
				date.
B. A notary public shall
				reapply with the Secretary of State for each commission term before performing
				notarial acts.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 3 - OFFICIAL STAMP AND STAMPING DEVICE › Rule 1-5-3.1 - Official stamp

Current through June 25, 2024
A. The official
				stamp of a notary public must show all the following clearly in the following
				order:
1. The words "State of
				Mississippi";
2. The notary
				public's name as it appears on the commission;
3. The words "Notary Public";
4. The name of the county in which the notary
				public maintains an office;
5. The
				notary public's current commission expiration date;
6. The notary public's commission
				identification number assigned by the Secretary of State.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 3 - OFFICIAL STAMP AND STAMPING DEVICE › Rule 1-5-3.2 - Stamping device

Current through June 25, 2024
A. A notary public
				may procure a stamping device only after receiving the notary public's
				commission from the Secretary of State and must provide a copy of the
				certificate evidencing commission to their chosen vendor as part of procuring
				the stamping device.
B. A stamping
				device, as used in Section 3 and Section 33 of the act (relating to
				definitions; and stamping device), does not include a non-inking embosser or
				crimper.
C. A stamping device must
				be capable of affixing or logically associating the official stamp so that the
				document to which the official stamp is affixed or associated may be copied,
				filmed, scanned, or otherwise legibly reproduced.
D. The stamping device is the exclusive
				property of the notary public and shall not be surrendered to an employer upon
				termination of employment, regardless of whether the employer paid for the
				stamping device, or for the notary public's bond or appointment fees.
E. The notary public shall maintain custody
				and control of the stamping device at all times during the duration of the
				notary public's commission. When not in use, the stamping device must be kept
				in a secure location and accessible only to the notary public. A secure
				location includes in the notary public's sole possession or in a locked
				location to which only the notary public has access.
F. An individual whose notary public
				commission has been suspended or revoked shall deliver the stamping device to
				the Secretary of State within ten (10) calendar days after notice of the
				suspension or revocation from the Secretary of State.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 3 - OFFICIAL STAMP AND STAMPING DEVICE › Rule 1-5-3.3 - Replacement of lost or stolen stamping device

Current through June 25, 2024
A.
				Notification of loss or theft of stamping device under Section 35(2) of the act
				(relating to lost stamping device) shall be made in writing or electronically
				to the Secretary of State within ten (10) calendar days after the date the
				notary public or personal representative or guardian discovers that the
				stamping device was lost or stolen. The notification must include all of the
				following:
1. A statement of whether the
				stamping device is lost or stolen;
2. An explanation of how the stamping device
				became lost or stolen;
3. The date
				the notary public discovered that the stamping device was lost or
				stolen;
4. A statement that the
				notary public does not possess the stamping device and does not know who
				possesses it or where it is located; and
5. A statement that if the notary public
				subsequently reacquires possession of the stamping device, the notary public
				shall file a written statement with the Secretary of State within 10 calendar
				days after the date the notary public reacquires possession of the lost or
				stolen stamping device.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 4 - JOURNAL › Rule 1-5-4.1 - Identification of notary public in journal

Current through June 25, 2024
A. A notary
				public must record each notarial act in a journal at the time of notarization
				in compliance with Section 37 of the Act (relating to journal and audio-video
				recordings) and these Rules.
B.
				Each journal of a notary public, whether maintained on a tangible medium or in
				an electronic format, must contain all of the following information in any
				order:
1. The name of the notary public as it
				appears on the commission;
2. The
				notary public's commission number;
3. The notary public's commission expiration
				date;
4. The notary public's office
				address of record with the Secretary of State;
5. A statement that, in the event of the
				death of the notary public, the journal shall be delivered or mailed to the
				circuit clerk of the county of residence of the notary public;
6. The meaning of any not commonly
				abbreviated word or symbol used in recording a notarial act in the notarial
				journal; and
7. The signature of
				the notary public.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 4 - JOURNAL › Rule 1-5-4.2 - Journal entries

Current through June 25, 2024
A.
Separate
				entries
. Each notarial act must be indicated as a separate entry in
				the journal.
B.
Optional
				entries
. In addition to the entries required under Section 37(3) of
				the act (relating to journal), a journal may contain the signature of the
				individual for whom the notarial act is performed and any additional
				information about a specific transaction that might assist the notary public to
				recall the transaction.
C.
Prohibited entries
. A journal may not contain any personal
				financial or identification information about the notary public's clients, such
				as complete Social Security numbers, complete drivers' license numbers or
				complete account numbers. Terminal numbers for these types of numbers,
				including the last four digits of a Social Security number, may be used to
				clarify which individual or account was involved.
D.
Fees
. Each notarial fee
				charged should correspond to the notarial act performed. If a fee is waived or
				not charged, the notary public shall indicate this fact in the journal entry
				using notations such as ''n/c,'' ''0'' (zero) or ''-'' (dash). Clerical and
				administrative fees, if charged, shall be separately itemized in the
				journal.
E.
Address
. For purpose of journal entries, address means the
				city and state only.
F.
Personal financial or identification information
. For the
				purpose of subsection (c) of this Rule, ''personal financial or identification
				information'' means:
1. An individual's first
				name or first initial and last name in combination with and linked to any one
				or more of the following data elements when the data elements are not encrypted
				or redacted:
a. Social Security
				number.
b. Driver's license number
				or a State identification card number issued instead of a driver's
				license.
c. Financial account
				number, credit or debit card number, in combination with any required security
				code, access code, or password that would permit access to an individual's
				financial account.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 4 - JOURNAL › Rule 1-5-4.3 - Form and content of journal maintained on a tangible medium

Current through June 25, 2024
A. A journal maintained on paper or on any
				other tangible medium may be in any form that meets the physical requirements
				in this chapter and the entry requirements in Section 37(3) of the act
				(relating to journal).
B. The cover
				and pages inside the cover must be bound together by any binding method that is
				designed to prevent the insertion, removal, or substitution of the cover or a
				page. This includes glue, staples, grommets, or another binding, but does not
				include the use of tape, paper clips, or binder clips.
C. Each page must be consecutively numbered
				from the beginning to the end of the journal. If a journal provides two pages
				on which to record the required information about the same notarial act, both
				pages may be numbered with the same number or each page may be numbered with a
				different number. A page number must be preprinted.
D. Each line, or entry if the journal is
				designed with numbered entry blocks, must be consecutively numbered from the
				beginning to the end of the page. If a line extends across two pages, the line
				must be numbered with the same number on both pages. A line or entry number
				must be preprinted.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 4 - JOURNAL › Rule 1-5-4.4 - Form and content of an electronic notarial journal

Current through June 25, 2024
A. A
				journal maintained in electronic format may be in any form that meets the
				requirements in this section and the entry requirements in Section 37(3) of the
				act (relating to journal).
B. A
				journal maintained in electronic format must be designed to prevent the
				insertion, removal, or substitution of an entry.
C. A journal maintained in electronic format
				must be securely stored and recoverable in the event of a hardware or software
				malfunction.
D. Entries from the
				notarial journal must be available upon request by the Secretary of State in a
				PDF format.
E. If a signature of a
				signer is in an electronic notarial journal, the signature must be:
1. Attached to or logically associated with
				the electronic journal and
2.
				Linked to the data in a manner so that any subsequent alterations to the
				electronic notarial journal entry are detectable and may invalidate the
				electronic notarial journal entry.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 4 - JOURNAL › Rule 1-5-4.5 - Custody and control of journal; notification of lost or stolen journal

Current through June 25, 2024
A. The notary public shall maintain custody
				and control of the journal at all times during the duration of the notary
				public's commission. When not in use, the journal must be kept in a secure
				location and accessible only to the notary public. A secure location includes
				in the notary public's sole possession or in a locked location to which only
				the notary public has access.
B.
				Notification of loss or theft of journal under Section 37(4) of the act
				(relating to journal and audio-video recordings) must be made in writing or
				electronically within ten (10) calendar days after the date the notary public
				or personal representative or guardian discovers the loss or theft of a
				journal. For the purpose of this section, the term ''loss'' includes journals
				that are misplaced, destroyed, or otherwise made unavailable. The notification
				must include all of the following:
1. A
				statement of whether the journal is lost or stolen;
2. An explanation of how the journal became
				lost or stolen;
3. The date the
				notary public discovered that the journal was lost or stolen;
4. A statement that the notary public does
				not possess the journal and does not know who possesses it or where it is
				located; and
5. A statement that,
				if the notary public subsequently reacquires possession of the journal, the
				notary public shall file a written statement with the Secretary of State within
				10 calendar days after the date the notary public reacquires possession of the
				lost or stolen journal.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 4 - JOURNAL › Rule 1-5-4.6 - Inspection; response to subpoenas and investigative requests

Current through June 25, 2024
A.
Inspection
. In the
				notary's presence, any person may inspect an entry in the official journal of
				notarial acts during regular business hours, but only if:
1. the person's identity is personally known
				to the notary or proven through satisfactory evidence;
2. the person affixes a signature in the
				journal in a separate, dated entry;
3. the person specifies the month, year, type
				of document, and name of the principal for the notarial act or acts sought;
				and
4. the person is shown only the
				entry or entries specified.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 4 - JOURNAL › Rule 1-5-4.7 - Disposition of journal

Current through June 25, 2024
A. Ten (10) years
				after the performance of the last notarial act chronicled in a tangible
				journal, the journal must be destroyed by shredding or other destruction that
				leaves any entry in the journal illegible.
B. Ten (10) years after the performance of
				the last notarial act chronicled in an electronic journal, the journal must be
				destroyed by deleting any remaining records pertaining to the electronic
				journal and deleting any remaining tamper-evident technology in the notary's
				possession.
C. The personal
				representative or guardian of a notary public shall follow Section 37(6) of the
				Act related to the disposition of the notary public's journals upon the death
				or adjudication of incompetency of the notary public.
D. Nothing in this section shall require a
				notary public to dispose of their notarial journal or journals if doing so
				would be in conflict with the law of another jurisdiction that requires a
				notary to keep the journal for a longer period of time.
E. The notary public or the notary public's
				personal representative shall provide access instructions to the Secretary of
				State for any electronic journal maintained or stored by the notary public,
				upon commission resignation, revocation, or expiration without renewal, or upon
				the death or adjudicated incompetence of the notary.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 5 - Standards of Practice › Rule 1-5-5.1 - Name of notary public

Current through June 25, 2024
A. Whenever the act
				and this chapter refer to the name of a notary public, the reference is to the
				legal name of the notary public as it appears on the notary public's current
				commission and oath of office.
B.
				For the purposes of this chapter, the legal name on the notary public
				commission and oath of office must be proven by satisfactory evidence in
				accordance with Section 13 of the act (relating to identification of
				individual). Unless proven otherwise, the name of a notary public consists of
				any one of the following:
1. A first personal
				name (first name), additional name or initial (middle name or initial), and
				surname (family or last name).
2. A
				first name and last name, omitting the middle name or middle initial.
3. A first initial, middle name and last
				name.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 5 - Standards of Practice › Rule 1-5-5.2 - Notification of change in information

Current through June 25, 2024
A. A notary public
				shall notify the Secretary of State within thirty (30) calendar days of any
				change in the information on file with the Secretary of State, including the
				notary public's:
1. Legal name.
2. Office address.
3. Home address.
4. Name of electronic notarization
				vendor.
5. Voluntary
				resignation.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 5 - Standards of Practice › Rule 1-5-5.3 - Change of name

Current through June 25, 2024
A. When the legal
				name of a notary public is changed, the notary public may continue to perform
				official acts in the name in which he was commissioned until the expiration of
				the term.
B. The Secretary of State
				will mark the public records relating to the notary public name change.
				Application for reappointment of the notary public shall be made in the new
				name.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 5 - Standards of Practice › Rule 1-5-5.4 - Authority of notary public to perform notarial act

Current through June 25, 2024
A. A
				notary public may perform the notarial acts authorized by the act in any county
				in this State.
B. Notaries public
				may not perform the notarial acts authorized by the act outside the
				geographical borders of this State or in other states or jurisdictions unless
				authorized by the other state or jurisdiction to perform the acts.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 5 - Standards of Practice › Rule 1-5-5.5 - Conflict of interest

Current through June 25, 2024
Section 7(2) of the act (relating to authority to perform
				  notarial act), includes receiving an interest in the transaction or document
				  that results in actual or potential gain or advantage, financial or otherwise,
				  other than receiving a regular salary, hourly wage, or notarial fees. Regular
				  salary or wage includes bonuses, provided the bonus is not related to or
				  contingent upon the completion of a notarial act.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 5 - Standards of Practice › Rule 1-5-5.6 - Duty of candor

Current through June 25, 2024
A notary public or an applicant for appointment and
				  commission as a notary public has a duty of candor to the Secretary of State in
				  all matters relating to the appointment and commission of the notary public and
				  the performance of notarial acts, including an application for appointment or
				  reappointment, and any request for information made by the Secretary of
				  State.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 5 - Standards of Practice › Rule 1-5-5.7 - Identification of individual-personal knowledge

Current through June 25, 2024
When a notary public has personal knowledge of the identity
				  of an individual, satisfactory evidence is not required.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 5 - Standards of Practice › Rule 1-5-5.8 - Identification of individual-satisfactory evidence

Current through June 25, 2024
A. For
				the purposes of Section 13(2)(a) of the act (relating to identification of
				individual), a notary public may rely upon any of the following:
1. A driver's license or nondriver
				identification card issued by a state of the United States, which is current or
				a driver's license that has not been expired for more than five (5)
				years.
2. A passport or passport
				card issued by the United States Secretary of State of State, which is current
				and unexpired.
3. A voter ID card
				issued by the State of Mississippi.
4. A nondriver identification card issued by
				a federally recognized Indian tribe or nation, which is current and
				unexpired.
5. A passport issued by
				a foreign government, which is current and unexpired, provided it uses letters,
				characters and a language that are read, written, and understood by the notary
				public.
6. A driver's license or
				nondriver identification card issued by a state or territory of Canada or
				Mexico, which is current and unexpired, provided it uses letters, characters
				and a language that are read, written, and understood by the notary
				public.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 5 - Standards of Practice › Rule 1-5-5.9 - Language and use of interpreter

Current through June 25, 2024
A. A notary public
				shall be able to communicate directly with the individual for whom a notarial
				act is being performed in a language they both understand or indirectly through
				an interpreter who is physically present with the signer and notary public at
				the time of the notarization and communicates directly with the individual and
				the notary public in a language the interpreter understands.
B. The certificate of notarial act must be
				worded and completed using the English language. The certificate may be
				simultaneously worded and completed in another language that is read, written,
				and understood by the notary public and must be immediately adjacent to the
				English-language certificate, but the English-language certificate will prevail
				in the event of any conflict between the translations.
C. A notary public may perform a notarial act
				on a document that is a translation of a document that is in a language that
				the notary public does not understand only if the person performing the
				translation signs a verification on oath or affirmation stating that the
				translation is accurate and complete. The notarized translation and
				verification must be attached to the document and must comply with the act and
				this chapter regarding certificate of notarial act.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 5 - Standards of Practice › Rule 1-5-5.10 - Refusal to perform notarial acts

Current through June 25, 2024
A notary public may not refuse to provide notarial services
				  on the basis of a customer's race, color, national origin, religion, sexual
				  orientation, sex or gender (including pregnancy), gender identity or
				  expression, disability, or marital status.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 5 - Standards of Practice › Rule 1-5-5.11 - Notarizing documents which contain blank spaces

Current through June 25, 2024
A. A
				notary public may not perform a notarial act with respect to a document which
				is designed to provide information within blank spaces, when either of the
				following circumstances exist:
1. The missing
				information has not been entered into a blank space.
2. The signature of an individual signing the
				document is not present, unless the individual is signing in the presence of
				the notary public.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 5 - Standards of Practice › Rule 1-5-5.12 - Employer-employee relationship

Current through June 25, 2024
Notwithstanding that an individual who holds a notary
				  commission is responsible for exercising the duties and responsibilities of the
				  notary commission, an employer, under an agreement with an employee who is, or
				  seeks to become, a notary public, may pay for the application or bond and the
				  cost of the official stamp or other supplies required in connection with the
				  appointment, commission, or performance of the duties of the notary public. The
				  agreement may also provide for the remission of fees collected by the notary
				  public to the employer, for the increased compensation of the notary public for
				  the amount of notary public fees collected, and for reimbursement of the costs
				  of obtaining a commission should the employee or employer terminate the
				  employment.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 5 - Standards of Practice › Rule 1-5-5.13 - Resignation

Current through June 25, 2024
A. A notary public who resigns his or her
				commission shall send to the Secretary of State a signed notice indicating the
				effective date of resignation on forms provided by the Secretary of
				State.
B. Notary publics who cease
				to reside in this State or who become permanently unable to perform their
				notarial duties shall resign their commissions.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 6 - NOTARIAL ACTS › Rule 1-5-6.1 - Acknowledgments

Current through June 25, 2024
A. The individual making the acknowledgment
				shall appear personally before the notary public.
B. The notary public shall have personal
				knowledge or satisfactory evidence of the identity of the individual making the
				acknowledgment.
C. A document may
				be signed in the notary public's presence or a document may be signed prior to
				the acknowledgment. A document may not be signed subsequent to an
				acknowledgment.
D. If the document
				is signed prior to appearance before the notary public, the individual making
				the acknowledgment shall acknowledge that the signature on the document is his
				own voluntary act.
E. The notary
				public shall compare the signature on the document to the signature of the
				individual on the identification presented.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 6 - NOTARIAL ACTS › Rule 1-5-6.2 - Oaths and affirmations

Current through June 25, 2024
A. The individual
				taking the oath or affirmation shall appear personally before the notary
				public.
B. The notary public shall
				have personal knowledge or satisfactory evidence of the identity of the
				individual taking the oath or affirmation.
C. An oath or affirmation may be verbal or in
				writing. If in writing, the oath or affirmation shall be signed in the presence
				of the notary public.
D. In
				administering an oath or affirmation, the notary public shall require the
				individual taking the oath or affirmation to voluntarily swear or affirm, under
				penalty of perjury, that the statements contained in the oath or affirmation
				are true, or that the individual will perform an act or duty faithfully and
				truthfully.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 6 - NOTARIAL ACTS › Rule 1-5-6.3 - Verifications on oath or affirmation

Current through June 25, 2024
A. The individual
				making the verification on oath or affirmation shall appear personally before
				the notary public.
B. The notary
				public shall have personal knowledge or satisfactory evidence of the identity
				of the individual making the verification on oath or affirmation.
C. A document containing a statement that is
				being verified on oath or affirmation shall be signed in the notary public's
				presence. A document containing a statement that is being verified may not be
				signed subsequent to the verification on oath or affirmation.
D. The notary public shall compare the
				signature on the statement verified to the signature of the individual on the
				identification presented.
E. In
				taking a verification on oath or affirmation, the notary public shall
				administer an oath or affirmation to the individual making the statement and
				require that the individual voluntarily swear or affirm, under penalty of
				perjury, that the statements contained in the document are true.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 6 - NOTARIAL ACTS › Rule 1-5-6.4 - Witnessing or attestation of signatures

Current through June 25, 2024
A. The individual
				signing the document shall appear personally before the notary
				public.
B. The notary public shall
				have personal knowledge or satisfactory evidence of the identity of the
				individual signing the document.
C.
				A document containing a signature that is being witnessed or attested shall be
				signed in the notary public's presence. A document containing a signature that
				is being witnessed or attested may not be signed subsequent to the witnessing
				or attestation of the signature.
D.
				The notary public shall compare the signature on the document signed to the
				signature of the individual on the identification presented.
E. The notarial act of witnessing or
				attesting a signature differs from an acknowledgment in that the party relying
				on the document may know for certain that the document was signed on the same
				date that the notary public affixed the official stamp and signature to the
				document.
F. The act of witnessing
				or attesting a signature differs from a verification on oath or affirmation in
				that the signer is merely signing the document, not swearing or affirming that
				the contents of the document are true.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 6 - NOTARIAL ACTS › Rule 1-5-6.5 - Certifying Tangible Copy of Electronic Document

Current through June 25, 2024
A. If
				a notary public is a custodian of an electronic document, the notary public may
				certify a tangible copy of the electronic document as a true and correct copy
				of the electronic document.
B. In
				order to certify a tangible copy of the electronic document as a true and
				correct of the electronic document, the notary public must:
1. confirm that the electronic document
				contains an electronic signature that is capable of independent verification
				and renders any subsequent changes or modifications to the electronic document
				evident;
2. personally print or
				supervise the printing of the electronic document onto paper; and
3. not make any changes or modifications to
				the document other than attaching the certification.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 6 - NOTARIAL ACTS › Rule 1-5-6.6 - Protests of negotiable instruments

Current through June 25, 2024
A. A protest is a
				certificate of dishonor made by a United States consul or vice consul or a
				notary public or other person authorized to administer oaths by the law of the
				place where dishonor occurs. It may be made upon information satisfactory to
				that person. The protest must:
1. Identify
				the negotiable instrument.
2.
				Certify either that presentment has been made or, if not made, the reason why
				it was not made.
3. State that the
				instrument has been dishonored by nonacceptance or
				nonpayment.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 7 - NOTARIAL CERTIFICATES › Rule 1-5-7.1 - Minimum Requirements

Current through June 25, 2024
For a notarial certificate to be sufficient, it must contain
				  the information required under Section 31(5) of the Act (relating to
				  certificate of notarial act).
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 7 - NOTARIAL CERTIFICATES › Rule 1-5-7.2 - Additional Information

Current through June 25, 2024
A notarial certificate may contain additional or other
				  information as may be required to satisfy any legal requirements, ethical or
				  legal concerns, or the business needs of the parties to the
				  transaction.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 7 - NOTARIAL CERTIFICATES › Rule 1-5-7.3 - Permanently and Securely Affixed

Current through June 25, 2024
For purposes of attaching a notarial certificate to a
				  tangible document, ''securely attached'' means stamped, stapled, grommeted, or
				  otherwise permanently bound to the tangible document. The term ''securely
				  attached'' does not include the use of tape, paper clips, or binder
				  clips.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 7 - NOTARIAL CERTIFICATES › Rule 1-5-7.4 - Legible Signature Required

Current through June 25, 2024
When signing a paper certificate, the notary public shall use
				  a legible, recognizable handwritten signature, which can be attributed to the
				  notary public performing the notarial act by anyone examining or authenticating
				  the signature. If a notary public's preferred signature is not legible and
				  recognizable, the notary public must also legibly print his name immediately
				  adjacent to his preferred signature. For the purposes of this chapter, a
				  signature is legible and recognizable if the letters are distinct and easily
				  readable and the notary public's full name may be clearly discerned by looking
				  at the signature.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 8 - USE OF ELECTRONIC NOTARIZATION (IN-PERSON) › Rule 1-5-8.1 - Notification regarding use of electronic notarization

Current through June 25, 2024
A. A notary public who wishes to perform
				electronic notarization using an electronic notarization system that meets the
				requirements of the Act and these Rules must:
1. hold a current and unrestricted
				commission;
2. submit an additional
				application on a form prescribed by the Secretary of State for performing
				in-person electronic notarial acts; and
3. receive proof that the additional
				application to perform in-person electronic notarial acts has been approved by
				the Secretary of State.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 8 - USE OF ELECTRONIC NOTARIZATION (IN-PERSON) › Rule 1-5-8.2 - Requirements for electronic notarization

Current through June 25, 2024
A. A notary public
				performing notarial acts with respect to electronic documents shall use an
				electronic notarization system that meets the following minimum criteria. The
				electronic notarization system must:
1. Allow
				the principal and the notary to affix electronic signatures, as defined in Rule
				1.2(L) above, to
				electronic documents.
2. Allow for
				a notary public to affix an electronic notary seal, as defined in Rule
				1.2(K) above, to
				electronic documents.
3. Employ the
				use of a public key certificate, as defined in Rule
				1.2(N) above, to
				identify the principal.
4. Make all
				electronic documents notarized using the electronic notarization system
				tamper-evident, as defined in Rule
				1.2(S)
				above.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 9 - FEES › Rule 1-5-9.1 - Fees for notarial acts

Current through June 25, 2024
A. The maximum fees
				that may be charged by a notary for notarial acts are:
1. for acknowledgments, five dollars ($5.00)
				per signature;
2. for oaths or
				affirmations without a signature, five dollars ($5.00) per person;
3. for jurats, five dollars ($5.00) per
				signature;
4. for signature
				witnessings, five dollars ($5.00) per signature.
Mississippi Administrative Code › Title 1 - Secretary of State › Part 5 - Financial Resources › Chapter 9 - FEES › Rule 1-5-9.2 - Additional fees for certain notarial acts

Current through June 25, 2024
Nothing in the act shall be construed to prevent a third
				  person who provides technologies or storage capabilities to aid the notary
				  public in the performance of an electronic notarization from separately
				  charging and collecting any additional fee for the services
				  rendered.
Section
				  25-34-51 et seq. Mississippi Code of 1972 as
				  amended.