A. History of Notaries

The office of notary public is an old office that demands dignity and commands respect. Notaries date back several thousand years to the Roman Empire. There were even notaries that traveled to America on the ships of Christopher Columbus.

B. Status as a Public Officer

A notary is a public officer, appointed and commissioned by the Secretary of State and given the authority to perform certain duties or notarial acts. A notary also acts as an impartial witness with no financial or beneficial interest in a transaction. First and foremost, notaries prevent and deter fraud.

The Secretary of State grants notary commissions on a discretionary basis. If circumstances in your background are not satisfactory for you to serve as a notary, you may be denied a Notary commission. Being a notary is a privilege. You do not have the right to be a notary and you must be a person of proven integrity and character. Since a notary is a state officer, the notary must be one who can be trusted to perform the required duties.

As Notary Public you have the sovereign power of the State of Missouri vested in you. After this training, you should have a better understanding of the office you are about to hold and realize your obligation to perform your duties with the utmost caution and care. Without Notaries Public, the legal system and many areas of commerce would either be severely hampered or suddenly come to a screeching halt.

C. Functions of a Notary

Missouri Law (486.255.) specifies several duties of a notary public. Missouri notaries: 

• Take acknowledgments;
• Administer oaths and affirmations;
• Certify that a copy of a document is a true copy of another document;
• Perform any other act permitted by law.

These duties will be discussed in detail later in this course.

An important note! It is imperative that the notary always requires the personal appearance and proper identification of the signer at the time the notarization takes place.

D. Ethical Conduct and Professional Responsibility of Notaries

What is Ethical Conduct? Will your notary conduct stand up in the public eye?

Many professionals have ethical standards in which they abide by. For example, lawyers follow the ethics code of their state bar association. Doctors, of course have a high ethical standard to uphold. As a public officer, you have an obligation to conduct yourself in a manner that is worthy of the office you hold. The nature of notary public makes it imperative that you uphold the highest ethical principles and maintain a strict standard of practice that is in compliance with the law. Ethical behavior is simply "doing the right thing" and abiding by the professional standards of your office. The notary's integrity and proper use of authority should never come into question before, during, or after any notarial transaction. Remember that any violation of the notary law is unethical.

Ethical notaries always observe the confidentiality of their clients. They protect the contents of documents and the business or personal transactions of signers. Ethical notaries never use the information obtained from performing notarial acts as a source of gossip or for their own benefit.

Another area of ethical conduct centers on discrimination. The United States Constitution prohibits discrimination based upon race, age, religion, gender, lifestyle and political beliefs.

A notary is not an attorney and therefore should never give legal advice regarding legal documents or matters. This practice is not only unethical, but could lead to charges against you for practicing law without a license.

As the notary you must only perform the notarial act. Never give advice about a document, never explain the document to be executed and never determine for the customer the type of notarial certificate that belongs on the document. Each of these "nevers" will be discussed throughout this online course.

If a customer asks you for advice, you should politely explain that you are not authorized to give advice and then suggest that the signer:

Call the agency that issued the document,
Call the agency that will receive the document or
Contact an attorney for advice.
Any violation of the notary laws is unethical, even if no one ever finds out, even if there is never a complaint filed against you and even if there are no criminal penalties involved. You are expected to know and obey the notary law just as you promised or will promise in the Oath of Office. Never break the trust that is placed in you as a public officer