486.385. Grounds for revocation of commission.

MISSOURI STATUTES AND CODES

486.385. Grounds for revocation of commission.

Grounds for revocation of commission.

486.385. 1. The secretary of state may reject an application orrevoke the commission of any notary public who prior to being commissionedor during the current term of appointment:

(1) Submits an application for commission and appointment as a notarypublic which contains substantial and material misstatement of facts;

(2) Is convicted of any felony or official misconduct under thischapter;

(3) Fails to exercise the powers or perform the duties of a notarypublic in accordance with this chapter, or fails otherwise to comply withthe provisions of this chapter;

(4) Is adjudged liable or agrees in a settlement to pay damages inany suit grounded in fraud, misrepresentation, impersonation, or violationof the state regulatory laws of this state, if his or her liability is notsolely by virtue of his or her agency or employment relationship withanother who engaged in the act for which the suit was brought;

(5) Uses false or misleading advertising wherein he or she representsor implies, by virtue of the title of notary public, that he or she hasqualifications, powers, duties, rights, or privileges that he or she doesnot possess by law;

(6) Engages in the unauthorized practice of law;

(7) Ceases to be a citizen of the United States;

(8) Ceases to be a registered voter of the county within and forwhich he or she is commissioned;

(9) Ceases to have a residence address in the county within and forwhich he or she is commissioned, unless he or she has been issued anamended commission;

(10) Becomes incapable of reading or writing the English language;

(11) Fails to maintain the surety bond required by section 486.235.

2. A notary's commission may be revoked under the provisions of thissection if action is taken subject to the rights of the notary public tonotice, hearing, adjudication and appeal. The secretary of state shallhave further power and authority as is reasonably necessary to enable thesecretary of state to administer this chapter efficiently and to performthe duties therein imposed upon the secretary of state, including immediatesuspension of a notary upon written notice sent by certified mail if thesituation is deemed to have a serious unlawful effect on the generalpublic; provided, that the notary public shall be entitled to hearing andadjudication as soon thereafter as is practicable.