We have listed questions that are frequently asked by Texas notaries public. For your
convenience we divided the FAQs into several categories. If you have any question on a
notary topic or issue email us at
info@texasnotary.com.
Q How long is the term of a notary public commission?
A A notary commission is a four-year term of office. The term begins on the date the Secretary of State issues the commission.
Q What are the responsibilities of a Texas notary public?
A The primary responsibilities of a Texas notary public are to prevent fraud by confirming that the signer’s identity is who he or she claims to be, and
- to ensure that the signer acknowledges, in the presence of the notary, that he or she understands and has voluntarily signed a document on a given date, or
- to place the signer under oath or take an affirmation of the truthfulness of a statement made.
Q What authority is given one who holds the office of notary public?
A A notary public has the authority to:
- take acknowledgments;
- administer oaths and affirmations;
- take depositions;
- certify copies of documents not recordable in the public records; and
- protest instruments.
Q How soon may I begin to notarize documents?
A You may begin notarial duties as soon as you receive your official notary public commission, take the required oath of office, and obtain a valid notary stamp and journal.
Q May I notarize my own signature?
A No. A notary CANNOT notarize his/her own signature.
Q May I notarize my spouse’s signature or for my spouse’s business?
A No. There is no statute that addresses this question, but the general rule is that a notary public cannot perform a notarization on any document in which he/she is a party to the instrument or in which he/she has a personal or financially beneficial interest in the transaction.
Q May I notarize for my relatives?
A There is no specific answer to this question in the state statutes; you must determine if you have any financial or beneficial interest in the transaction.
Q May I notarize a signature without the person being present? For instance, can I take acknowledgment over the phone?
A No. A notary public may only perform notarial acts by requiring the personal appearance of the signer at the time the transaction takes place. The document signer must always appear before you for the notarization. Remember that the primary function of a notary public is to prevent fraud. Notaries do this in part by requiring the personal physical presence of the signer, making a positive identification of the signer, and placing the signer under oath or affirmation, or taking the acknowledgment of the signer that the document was signed willingly for the purposes stated in it. Often, forgeries occur because the notary fails to require the document signer to be present for the notarization.
Q Must the document be signed in my presence?
A Any document requiring an oath or affirmation must be signed in the presence of the notary. A document requiring an acknowledgment of a signature may have been signed prior to the appearance of the signer before the notary, but in order for the acknowledgment to be made, the signer must appear before the notary to acknowledge having signed the document. A notary may not complete any notarial certificate without the appearance of the signer at the time the notary act takes place and the certificate is completed.
Q If a document requiring an oath is signed prior to the signer appearing before me, must I refuse to notarize?
A No; simply request that the signer sign the document again. The notary may add the notation, ‘second signature at the request of the notary’ or something to that effect.
Q Can a notary prepare legal documents?
A Absolutely not. A notary commission does not impart any legal authority whatsoever; a notary who is not a lawyer does not have this authority. The only notary who may prepare legal documents or give any legal advice or guidance is a notary who is also an attorney. All documents presented to you to notarize should have the correct form of notary certificate on them; if the document has an incorrect form or no form at all, you may not advise the signer on the form needed. As a notary your only duty is to perform the notarial act and complete the notarial certificate. (You may, however, show the signer a certificate for an oath and an acknowledgment, and let the signer select one).
Q May a notary public determine which type of notarial certificate should be attached to a document?
A No. As stated above, a notary public who is not an attorney should only complete a notarial certificate which is already on the document or type or attach a certificate
of the signer's choosing. If a notary public is presented with a document without a certificate and the notary makes the decision of which certificate to attach, that notary public would be "practicing law" without a license, which is against the law.
However, a notary public is provided copies of sample notarial certificates (i.e. a jurat for an oath or affirmation, or an acknowledgment) with his or her notary commission. The person for whom the notarization is performed may be shown different options, may then choose the certificate, and the notary may add or attach such certificate to the document.
Q If a person needs advice in drafting a document, can I help?
A No. A notary public may not prepare, draft, select, or give advice concerning legal documents. This is an unlawful practice called the Unlicensed Practice of Law and is punishable by law.
Q Can I notarize a document that is not completely filled out?
A No. Do not notarize a signature on a document containing blank spaces. The signer should complete the blanks or seek legal counsel for advice.
Q May I make certified copies of birth certificates and death certificates? May I make a certified copy of a marriage license?
A No. These are recordable documents, and a certified copy can only be issued by the governmental agency which is custodian of these records. However, a notary public has the authority to certify copies of original documents that are not recordable in the public records.
Q May I perform notarial acts in other counties?
A Yes. A notary public has statewide jurisdiction and may perform notarial acts in any county in the state of Texas.
Q May I notarize documents in other states?
A No. A Texas notary public has jurisdiction ONLY in the State of Texas. Other states have their own notary laws regarding their notaries.
Q May I notarize documents from other states?
A You may notarize signatures on documents that originate in other states if you perform the notarial act in Texas.
Q May I perform marriage ceremonies in Texas?
A No; Texas notaries are not authorized to perform marriage ceremonies.
Q What are the proper steps to follow in all notarial acts?
| A |
- Demand Personal Appearance
- Properly Verify Identity of the Signer
- Review the Document
- Determine Signer’s Awareness and Understanding of the Transaction
- Perform the Verbal Element of the Ceremony
- Have Signer Sign Your Record Book
- Record All Details of Transaction in Record Book, Including Fees Charged
- Fill in, Sign, and Stamp/Seal Your Notarial Certificate
|
Q Can I make any changes or corrections to notarized documents?
A No. Once a document is notarized, it must not be altered. If changes are necessary, a new document must be executed with a new notarization. All steps must be followed properly, including the personal appearance of the signers involved.
Q Can a notary translate documents ?
A Yes, a notary may serve as a translator, but only if another notary performs the notarial duties required for the execution of the document. A notary must not perform both notarial and translation duties for the same document.
Q Can I notarize for minors?
A Yes, a notary may notarize for a minor, if the notary can determine that the minor understands the act taking place, and if the notary is able to properly identify the minor.
Q When can I refuse to notarize?
A You must refuse to notarize if:
- A signer you don’t know personally has no identification.
- A signer presents a document with blank spaces.
- A signer appears frightened or confused about the notary act or appears unwilling to sign the document.
- A signer behaves in a threatening manner toward you.
- You do not have your notary seal with you at the time.
- A signer refuses to appear before you personally.
- A signer refuses to take an oath as required, or to verbally acknowledge signing the document presented.
- You have information about the transaction that reveals it as fraudulent or unlawful.
- You and the signer are unable to speak the same language and have no interpreter.
- A document presented to be copied is a public record or publicly recordable document.
- You are involved in the transaction or stand to gain in any way.
Q Can I backdate dates on documents?
A No. Your notarial certificate must bear the date the notarization actually took place.
Q What is a venue?
A Venue is the location (county and state) that you and your signer are standing on when the notary act takes place. It is commonly shown in a notarial certificate as:
State of Texas
County of ______________
Texas Notary Bonds and errors and omissions insurance policies provided by this insurance agency, American Association of Notaries, Inc., are underwritten by Western Surety Company (established 1900). American Association of Notaries is owned by Kal Tabbara, a licensed insurance agent in Texas.
