Miss. Code § 25-34-7

Current through 5/14/2024
Section 25-34-7 - Authorized notarial acts; limitation on performance of notarial acts
(1) A notarial officer may perform the following notarial acts:
(a) Take acknowledgments;
(b) Administer oaths and affirmations;
(c) Take verifications on oath or affirmation;
(d) Certify depositions of witnesses;
(e) Witness or attest signatures;
(f) Make or note a protest of a negotiable instrument;
(g) Make an affidavit regarding the truth of any witnesses or attested signatures in question along with any corrected language and, if the authenticity or correctness of language affects real property, file the same in the land records in the office of the chancery clerk where the land is located; and
(h) Any other acts so authorized by the law of this state.
(2) A notarial officer may not perform a notarial act when the officer:
(a) Is a party to the record being notarized;
(b) Is a spouse, child, sibling, parent, grandparent, grandchild, aunt or uncle, or niece or nephew, including a son or daughter-in-law, a mother or father-in-law, a stepchild or stepparent, or a half-sibling, of the person whose signature is being notarized or the person taking a verification on oath or affirmation from the officer; or
(c) Will receive as a direct result any commission, fee, advantage, right, title, beneficial interest, cash, property or other consideration exceeding in value the fees required by rules established by the Secretary of State.
(3) A notarial officer is not disqualified from performing a notarial act by virtue of his or her profession when the officer:
(a) Is an employee performing a notarial act on behalf of, or which benefits, the employer;
(b) Is an attorney who maintains an attorney-client relationship with the person whose signature is the subject of the notarial act; or
(c) Is a shareholder of a corporation or member of a limited liability company which is a party to a record that is the subject of the notarial act.
(4) A notarial act performed in violation of subsection (2) is voidable.

Miss. Code § 25-34-7

Added by Laws, 2020, ch. 382, HB 1156,§ 4, eff. 7/1/2021.