No. 23-67
It is therefore the opinion of this office that the seal of a notary public may be imprinted directly upon the document or the impression may be affixed to the document. Either application is valid if the said seal bears the inscribed information required by Section 486.040, RSMo 1959. Any administrative rule or practice to the contrary appears to be in conflict with the above stated authorities.
Cite as Mo. Op. Att'y Gen. No. 23-67
NOTP.RY PURT JC:
Jt js therefore the oplnion of Lhls
NOTARIAL SE/\L:
SECRETARY OF STATE :
office that the seal of a notary pub] i"
may be imprinted d'1 rectly upon t"1e dr,e lJ-
ment or the impress1on may be af'fjxed tr.
the document .
Either application is valid
if the said seal bears the inscribed infnr-
ma tion required by Section 1186 . OliO , RSMo
1959.
Any administrative rule or practice
to the contrary appear s to be in conflict
with the above stated authorities .
May 31, 1967
Honorable James C. Kirkpatrick
Secretary of State
State Capitol
Jefferson City, Missouri
Dear Mr. Kirkpatrick:
OPINION NO . 23
(267-1966)
F l LED
:13
Recently you i nformed thjs office that your office had a rule
against a ccepting documents which bore a notary public seal by any
means other than impression on the document itself .
You further stated that many notaries public affix a properly
imprinted seal , by some adhesive means, to the document i nstead
of imnressing the seal directly on the document.
As a result of your rule, above stated, and the practice of
some notaries public of affixi ng the seal by adhesjve means an
ontnion was requested concerning the word
11 seal
11 as used in Section
486.040, RSMo 1959, and the validity of your rule.
Section 486 .040, supra, states in part:
"Every notary public shall provide a notarial
seal, on \'lhich shall be inscribed his name,
the words 'notary public,' the name of the
county or city, if appointed for such city,
in which he resides and has his office, and
the name of the state; * * *
11
A reading of this section and the related sections of Chapter 486,
RSMo, reveals that there is no language directing the application
of the seal of the office .
The general law r elating to this matter
Honorable James C. Kirkpatrick
is stated in 66 C. J.S . , Notaries , Section 8:
"* * * When its form is not otherwise pre-
scribed by statute, the seal may consist in
an impression on paper or on some tenacious
substance affixed t hereto , wit h intent to
malce a seal, * * *"
Section 486 . 040, supra , does require that the seal be inscribed
with :
l~l Name of the notar y public;
The words "not ar y public
11
;
Name of the county of residence and office,
or city if appointed for a city; and
4) Name of t he state .
It would therefore appear that since there are no laws directing
the application of the seal, either an impression directly on the
document or an affixed impression is permissible .
The only appli -
cable Missouri law on this point is found j_n Meyers vs . Russell ,
52 Mo . 26 .
I n t he Russell case , supra, the appellant had alleged
that a deposition taken before a notary public was invalid because
the attesting seal was imprinted upon the paper itself.
The Court
ruled against appellant on this point and stated (l . c . 26) :
"* * * The seal was affixed by an impression
on paper, and that was sufficient, it was not
necessary that it should be impressed on wax,
according to the old common law rule . "
In Missouri then under the doctrine of Meyers vs . Russell, either
a direct impression or an affixed impression is a valid application
of the notaried seal .
There is nothing jn Section 486 . 040, supra,
or related sections, requiring that a mechanical device be used
whjch will cause an impression on the document rather than having
another piece of paper with the seal imprinted become a part or the
document .
In either event, it seems that the document is imprinted
with the seal .
CONCLUSION
It is therefore the opinion of this office that the seal of
a notary public may be imprinted directly upon the document or the
impression may be affixed to the document .
Either application is
- 2-
Honorable James C. Kirkpatrick
valid if the said seal bears the i nscribed information required
by Section 486.0LIO, RSMo 1959.
Any administrative rule or practice
to the contrary appears to be in conflict with the above stated
authorities .
The foregoing opinion, which I hereby approve, was prepared
by my assistant, William A. Peterson .