Acknowledgments in Missouri

Officials

MO Rev Stat § 442.150.

Proof or acknowledgment, by whom taken.

442.150. The proof or acknowledgment of every conveyance or instrument in writing affecting real estate in law or equity, including deeds of married women, shall be taken by some one of the following courts or officers:

(1) If acknowledged or proved within this state, by some court having a seal, or some judge, justice or clerk thereof, or a notary public; or

(2) If acknowledged or proved without this state and within the United States, by any notary public or by any court of the United States, or of any state or territory, having a seal, or the clerk of any such court or any commissioner appointed by the governor of this state to take the acknowledgment of deeds;

(3) If acknowledged or proved without the United States, by any court of any state, kingdom or empire having a seal or the mayor or chief officer of any city or town having an official seal or by any minister or consular officer of the United States or notary public having a seal.

Curative Statutes

MO Rev Stat § 442.155.3.

3. Any such proof or acknowledgment heretofore taken by any such officer of any instrument in writing not affecting real estate and which proof or acknowledgment was taken in conformity with the then existing law providing for the proof or acknowledgment of conveyances or other instruments in writing affecting real estate, are hereby validated and legalized for all purposes from and after the effective date of this section. It shall not be necessary to rerecord any such instrument.

(L. 1951 p. 751 1, 2, 3)

MO Rev Stat § 442.160.4.

4. All such proof or acknowledgment of any instrument in writing heretofore made and which was not in conformity with the requirements of the laws at that time, but are in conformity with the requirements of this section [FN1], are hereby validated and legalized for all purposes from and after June 12, 1991. It shall not be necessary to rerecord any such instrument.

• [FN1] - Acknowledgments of instruments by persons in military service

Cross-References

• Missouri

Section 442.210 of the Missouri Revised Statutes prescribes the contents of an acknowledgment. The certificate of acknowledgment shall state the act of acknowledgment and that the person making same was personally known to the officer granting the certificate. The following are suggested, but not mandatory, acknowledgment forms for individuals and corporations:

1.

In case of natural persons acting in their right:

On this _____ day of ___________, _____, before me personally appeared A B (or A B C D), to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that he (or they) executed the same as his (or their) free act and deed.

2.

In the case of natural persons acting by attorney:

On this ____ day of ____________, _____, before me personally appeared A B, to me known to be the person who executed the foregoing instrument on behalf of C D, and acknowledged that he executed the same as the free act and deed of C D.

3.

In the case of corporation or joint stock associations:

On this ____ day of ___________, _____, before me appeared A B, to me personally known, who, being by me duly sworn (or affirmed) did say that he is the president (or other office or agent of the corporation or association), of (describing the corporation or association), and that the seal affixed to the foregoing instrument is the corporate seal of said corporation (or association), and that said instrument was signed and sealed on behalf of said corporation (or association) by authority of its board of directors (or trustees), and said A B acknowledged said instrument to be the free act and deed of said corporation (or association).

In case the corporation or association has no corporate seal, omit the words "the seal affixed to said instrument is the corporate seal of said corporation (or association), and that" and add at the end of the affidavit clause the words "and that said corporation (or association) has no corporate seal".

Out of state acknowledgments need to contain the content as prescribed by the statute as set forth above.

Section 442.160 of the Missouri Revised Statutes sets forth the requirements with respect to acknowledgments of Armed Forces personnel. Any commissioned officer of any of the armed forces of the United States shall have the authority to take proof or acknowledgment of any instrument in writing. The officer shall certify the act, stating the time and place thereof and setting forth his grade, serial number, branch of service and permanent mailing address. No seal is required.

There are no witness requirements for those documents, which are duly executed and properly acknowledged.