Expired Commission and an Absent Signer
Ravi's four-year notary commission expired last Friday. On Monday, a courier delivers an affidavit that Ravi's longtime neighbor signed at home last week. The document contains a jurat certificate stating the neighbor 'swore and subscribed' before a notary. The courier asks Ravi to 'just stamp it' because the neighbor is out of town. Ravi personally knows the neighbor and has no doubt about the signature. Ravi's seal reads only 'Ravi Patel, Notary Public, State of Texas' and contains no commission expiration date. Ravi is tempted because the neighbor is trustworthy and the courier is waiting.
1. Can Ravi notarize the affidavit? Address both the status of his commission and the nature of a jurat.
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No, on two independent grounds. First, Ravi's commission expired Friday, so he has no authority to perform any notarial act on Monday. Second, even with a valid commission, a jurat requires the signer to appear personally before the notary, sign in the notary's presence, and be administered an oath or affirmation. The neighbor signed at home last week and sent a courier; Ravi cannot verify the required oath and presence. Personal knowledge of the neighbor does not substitute for the signer's appearance.
2. What is defective about Ravi's seal, and why does that matter?
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A Texas notary seal must include the notary's name, the words 'Notary Public, State of Texas,' and the date the commission expires. Ravi's seal omits the expiration date, so it does not comply with the statutory content requirement. An incomplete seal can cause the notarial certificate to be rejected and supports a finding of improper notarial practice. He must not use that seal until it is corrected.
3. What should Ravi tell the courier, and what should he do about the affidavit?
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Ravi should decline to notarize and explain that his commission has expired and that a jurat cannot be completed without the signer appearing, signing in his presence, and being sworn. He should not stamp, sign, or backdate anything. He may refer the neighbor to a currently commissioned notary who can administer the oath when the neighbor is present. He should also correct or replace the noncompliant seal before he is commissioned again.