Mississippi UPL Statute Summary
Miss. Code Ann. §25-33-27. Prohibited representations or advertising.
A notary public who is not an attorney licensed to practice law is prohibited from representing or advertising that the notary public is an immigration consultant, immigration paralegal or expert on immigration matters unless the notary public is an accredited representative of an organization recognized by the board of immigration appeals pursuant to 8 CFR Section 292.2(a-e) or any subsequent federal law.
Miss. Admin. Code §1-5-5.9 - Unauthorized Practice of Law
A. If notarial certificate wording is not provided or indicated for a document, a nonattorney notary shall not determine the type of notarial act or certificate to be used.
B. A non-attorney notary shall not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act.
C. This section does not preclude a notary who is duly qualified, trained, or experienced in a particular industry or professional field from selecting, drafting, completing, or advising on a document or certificate related to a matter within that industry or field.
D. A notary shall not claim to have powers, qualifications, rights, or privileges that the office of notary does not provide, including the power to counsel on immigration matters.
E. A non-attorney notary who advertises notarial services in a language other than English shall include in the advertisement, notice, letterhead, or sign the following, prominently displayed in the same language:
- The statement: “I am not an attorney and have no authority to give advice on immigration or other legal matters”; and
- The fees for notarial acts specified in Section 302.
- A notary may not use the term “notario publico” or any equivalent non-English term in any business card, advertisement, notice, or sign.
Miss. Code Ann. §73-3-55. Unlawful to practice law without license; certain abstract companies may certify titles
It shall be unlawful for any person to engage in the practice of law in this state who has not been licensed according to law. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished in accordance with the provisions of Section 97-23-43. Any person who shall for fee or reward or promise, directly or indirectly, write or dictate any paper or instrument of writing, to be filed in any cause or proceeding pending, or to be instituted in any court in this state, or give any counsel or advice therein, or who shall write or dictate any bill of sale, deed of conveyance, deed of trust, mortgage, contract, or last will and testament, or shall make or certify to any abstract of title to real estate other than his own or in which he may own an interest, shall be held to be engaged in the practice of law. This section shall not, however, prevent title or abstract of title guaranty companies incorporated under the laws of this state from making abstract or certifying titles to real estate where it acts through some person as agent, authorized under the laws of the State of Mississippi to practice law; nor shall this section prevent any abstract company chartered under the laws of the State of Mississippi with a paid-up capital of Fifty Thousand Dollars ($50,000.00) or more from making or certifying to abstracts of title to real estate through the president, secretary or other principal officer of such company.
Enforcement Mechanisms/Complaint Processes for UPL
Victims may file a complaint under the Consumer Protection Act with the AG Office’s Consumer Protection Division. However, under Mississippi’s Consumer Protection Act, the Attorney General is allowed to sue only to prevent unfair and deceptive business practices occurring statewide or affecting large numbers of people. A complaint form may be downloaded here.
Reporting Ineffective Assistance of Counsel
To report ineffective assistance of counsel in Mississippi, one may submit a “request for assistance” to the Mississippi Bar Consumer Assistance Program here.
Contact Information for Relevant Agencies
Notary Information:
Secretary of State – Business Services DivisionNotary Public Commisions
P. O. Box 136
Jackson, MS 39205
Toll-Free: (800) 256-3494
Phone: (601) 359-1615
Fax: (601) 576-1310
Attorney General:
Office of Consumer ProtectionAttorney General, State of Mississippi
PO Box 22947
Jackson, MS 39225-2947
Tel: (601) 359-4230
Fax: (601) 359-4231
Toll Free: 800-281-4418
The Mississippi Bar
Street Address643 North State Street
Jackson, MS 39202 Mailing Address
P.O. Box 2168
Jackson, MS 39225-2168
Tel: (601) 948-4471
Fax: (601) 355-8635
Becoming a Notary Public
- You must meet the following requirements:
- Be a Mississippi resident for more than 30 days.
- File an application with the Secretary of State.
- Pay a $25 application fee.
- File a $5,000 Surety Bond and the Oath of Office with the Secretary of State.
- Obtain an official seal or stamp to affix to documents.
- Comply with the statutes governing Mississippi Notary Acts, including but not limited to, maintaining a registry of all documents signed.
For more information, you may access the Secretary of State website here. You may use the notary search tool here.
