Missouri UPL Statute Summary

Missouri Revised Statutes §486.390, Unauthorized practice of law by notary, remedy for.

  1. Upon his own information or upon complaint of any person, the attorney general, or his designee, may maintain an action for injunctive relief in the circuit court of Cole County against any notary public who renders, offers to render, or holds himself out as rendering any service constituting the unauthorized practice of the law. Any organized bar association in this state may intervene in the action, at any stage of the proceeding, for good cause shown. The action may also be maintained by an organized bar association in this state.
  2. The remedies provided in subsection 1 of this section are in addition to, and not in substitution for, other available remedies.

Enforcement Mechanisms/Complaint Processes for UPL

Liability may be established under Missouri Revised Statutes §407.020, accessible here. The statute states that acts using deception, fraud, false promise, misrepresentation, false pretense, etc. in connection with the sale or advertisement of any merchandise in trade or commerce and are subject to criminal sanctions. It is the duty of the prosecuting attorney and circuit attorney to commence criminal actions.

One may file a consumer protection complaint here.

Reporting Ineffective Assistance of Counsel

To report ineffective assistance of counsel in Missouri, one must submit a complaint to the Office of Chief Disciplinary Counsel, available here.

Contact Information for Relevant Agencies

Attorney General Protection Division:

Attorney General’s Office
Consumer Protection
Supreme Court Building
207 W. High St.
PO Box 899
Jefferson City, MO 65102
Tel: (573) 751-3321
Fax: (573) 751-0774
Consumer Protection Hotline: 800-393-8222
Email: consumer.help@ago.mo.gov

Notary Information:

Physical Address
Notaries & Commissions Unit
James C. Kirkpatrick State Information Center
600 West Main, Room 322
Jefferson City, MO 65101
Toll free: 1-866-223-6535
Telephone: (573) 751-2783
Fax: (573) 751-8199
Mailing Address
Notaries & Commissions Unit
James C. Kirkpatrick State Information Center
PO Box 784 
Jefferson City, MO 65102

Becoming a Notary Public

To be eligible to be a notary public in Missouri, one must:

  • Be at least 18 years of age;
  • Be a registered voter of the county within and for which the applicant is to be commissioned, or a resident alien of the United States;
  • Apply for the county in which they legally reside and be commissioned for this same county;
  • Be able to read and write the English language; and
  • Must not have had a commission revoked during the past ten years.

A non-resident of Missouri may apply for a commission as a notary public. A non-resident must also meet certain legal requirements in order to qualify:

  • Be at least 18 years of age;
  • Employed in Missouri and use the notary seal in the course of their employment only;
  • Have an employee address in the county for which they are commissioned;
  • Be able to read and write the English language;
  • Must not have had a commission revoked in any state during the past ten years; and
  • Must authorize the secretary of state as their agent and representative to accept service of any process or service of any notice or demand required or permitted by law to be served upon them.

As either a resident or non-resident applicant, the applicant must also indicate on their application whether or not they have ever been convicted of or pled guilty or nolo contendere to any felony, or to any misdemeanor incompatible with the duties of a notary public, and if so, shall attach a list of such convictions or pleas of guilt or nolo contendere.
 

Any person is eligible to apply for a commission as a notary public if they are a permanent resident alien under Section 245 of the Immigration and Nationality Act. If the applicant qualifies under Section 245, they must send a copy of their “green card” with a completed application to our office.
 

If the notary is presently commissioned as a non-resident notary public and they move into Missouri, the notary may immediately be appointed and commissioned as a notary upon becoming a resident. The notary will need to return their nonresident notary certificate with a request to cancel that commission, along with a completed reapplication as a resident and the $25 fee for issuing another commission.

Application and application process may be accessed here.