Bill > HB1156

Introduced Session

An Act To Be Known As The "revised Mississippi Law On Notarial Acts"; To Define Certain Terms; To Prescribe The Notarial Acts That A Notarial Officer May Perform; To Authorize Notarial Officers To Charge A Fee Not Exceeding $5.00 For Services Rendered; To Require Individuals Requesting Certain Notarial Services To Physically Appear Before The Notarial Officer; To Require Notarial Officers To Determine The Identity Of The Person Appearing Before The Officer And To Prescribe Acceptable Forms Of Identification; To Authorize Notarial Officers To Refuse To Perform Certain Acts; To Authorize An Individual Who Is Physically Unable To Sign A Record Before A Notarial Officer To Direct Another Person To Sign On The Individual's Behalf; To Authorize Notarial Acts To Be Performed By Notaries Public, Elected Judges And Clerks Of Court And The Secretary Of State; To Recognize Certain Qualified Notarial Acts Performed Under The Authority Of Another State, Federally Recognized Indian Tribe, The Federal Government And Foreign States; To Require A Notarial Act To Be Evidenced By A Certificate; To Require Notaries Public To Have An Official Seal, To Procure A Stamping Device And To Maintain A Journal Of Notarial Acts; To Authorize Notaries Public To Perform Notarial Acts With Respect To Electronic Records; To Authorize Individuals To Apply To The Secretary Of State For A Commission As A Notary Public And To Prescribe The Minimum Qualifications; To Authorize The Secretary Of State To Deny Or Revoke A Commission As A Notary Public For Certain Specified Acts; To Require The Secretary Of State To Maintain An Electronic Database Of Notaries Public; To Prohibit Notaries Public From Acting In Certain Capacities And Performing Certain Acts; To Specify That A Notarial Act Is Not Invalidated Due To A Failure Of A Notarial Officer To Perform Certain Statutory Duties; To Authorize The Secretary Of State To Adopt Rules Necessary To Implement The Revised Mississippi Law On Notarial Acts; To Clarify That A Commission As A Notary Public In Effect On July 1, 2021, Continues Until Its Expiration, At Which Time A Renewal Of The Commission Must Comply With This Act; To Clarify That This Act Will Not Affect The Validity Or Effect Of Notarial Acts Performed Before July 1, 2021; To Specify That This Act Supersedes Certain Federal Statutes Regarding Electronic Signatures In Commerce; To Amend Section 25-7-1, Mississippi Code Of 1972, In Conformity To The Preceding Provisions; To Repeal Sections 25-33-1 Through 25-33-33, Mississippi Code Of 1972, Which Authorize The Appointment Of Notaries Public And Prescribe Their Powers And Duties; To Repeal Section 25-7-29, Mississippi Code Of 1972, Which Authorizes Notaries Public To Charge Fees For Certain Services; To Amend Section 89-3-1, Mississippi Code Of 1972, To Revise Proof Necessary To Recording; To Amend Section 89-3-7, Mississippi Code Of 1972, To Conform The Forms Of Acknowledgment To This Act; To Amend Section 89-5-8, Mississippi Code Of 1972, To Conform Provisions Concerning Affidavits Relating To Identification, Marital Status, Heirship Or Other Matters Affecting Title To Real Property; To Repeal Section 89-3-3, Mississippi Code Of 1972, Which Provides For Acknowledgment And Proof Necessary For Recordation; To Repeal Section 89-3-5, Mississippi Code Of 1972, Which Provides For Acknowledgments Before Commissioned Officers Of United States Armed Forces; To Repeal Section 89-3-9, Mississippi Code Of 1972, Which Provides For Foreign Acknowledgments; To Repeal Section 89-3-11, Mississippi Code Of 1972, Which Clarifies The Construction Of Certain Foreign Acknowledgments; To Repeal Section 89-3-13, Mississippi Code Of 1972, Which Provides For Acknowledgments Or Proof Made In A Foreign Country; To Repeal Section 89-3-15, Mississippi Code Of 1972, Which Provides For Proof In The Absence Of Any Grantor Or Witness; And For Related Purposes.

AI Summary

Committee Categories

Shane Aguirre (R)*, 

Approved by Governor (on 06/25/2020)

Official Document