TX Notary cheat sheet

An applicant must be at least 18 years old, a legal resident of Texas, and free of disqualifying criminal convictions.

A conviction for a felony, or for a crime involving fraud or moral turpitude, disqualifies an applicant from holding a Texas notary commission.

The commission is issued by the Texas Secretary of State and runs for a term of four years.

The required surety bond is $10,000, payable to the Governor of Texas, and is filed with the Secretary of State.

After the commission issues, the notary must take and file the constitutional oath of office with the Secretary of State.

The notary must obtain an official seal or stamp of office before performing any notarial act.

A commission may be denied or refused where the application contains a material misstatement or omission.

A commissioned notary must keep the Secretary of State informed of changes to the notary's name or business address.

A Texas notary's authority is statewide: a notary commissioned in one county may perform notarial acts in any Texas county.

Core statutory powers are administering oaths and affirmations, taking acknowledgments and proofs of acknowledgment, taking depositions, and protesting instruments.

The signer must personally appear before the notary at the time of the act; absent-signer notarization is not permitted.

The notary must identify the signer by personal knowledge or satisfactory evidence, such as a current government-issued photo identification.

A notary may not notarize the notary's own signature, a document to which the notary is a party, or a document in which the notary holds a beneficial interest.

Every notarial act must be evidenced by a written certificate signed by the notary and bearing the official seal or stamp.

A notary may decline to act when identity is uncertain, the document is incomplete, or the requested act would be unlawful or improper.

An acknowledgment certifies that the signer appeared, was identified, and voluntarily executed the instrument for its stated purposes; no oath is administered.

A jurat certifies that the signer appeared, swore or affirmed the truth of the document's contents, and signed in the notary's presence.

Decision rule: the required certificate must match the document's wording - a document requiring a jurat cannot be satisfied by an acknowledgment certificate, and vice versa.

The certificate must state the date of the act, the signer's name, the county of execution, the notary's signature, and the official seal.

An affirmation may be administered instead of an oath to a person who objects to swearing on religious grounds.

A proof of acknowledgment is used when the original signer is unavailable and a subscribing witness swears to the signer's execution.

In a deposition, the notary administers the oath to the witness and attaches a certificate of the officer to the transcript.

Statutory short-form certificates should be used as written; the prescribed wording is not to be altered.

A notary who is not a licensed Texas attorney may not use the title 'notario' or 'notario publico' in any advertising or communication.

Advertising in a language other than English must include the statement that the notary is not an attorney and may not give legal advice, in both English and the language of the advertisement.

A notary may not give legal advice, explain the legal effect of a document, or accept compensation for legal advice.

A non-attorney notary may not draft, select, or advise on legal documents; the notary supplies only the notarial certificate.

A conflict of interest exists when the notary is a signer, a party to the document, or holds a beneficial interest in the transaction.

A notary may not notarize a document that is blank or incomplete in its material terms.

A notary may not use the official seal or title to endorse, promote, or lend credibility to a product or service.

A notary may not charge a fee for anything characterized as legal advice or document preparation.

Statutory maximum fee is $6 for each notarial act, plus $1 for each additional signature in the same acknowledgment beyond the first.

A separate travel fee may be charged only if it is disclosed and agreed to in advance of the appointment.

Each entry in the record book identifies the date, the signer, the document type, the notarial act performed, and the fee charged.

The record book is the notary's property and must be retained for the period required by the Secretary of State's rules.

Complaints against a notary are filed with the Notary Public Unit of the Texas Secretary of State, which may investigate and act on them.

The Secretary of State may deny, suspend, or revoke a commission for misconduct, fraud, failure to comply with Chapter 406, or a disqualifying conviction.

An injured person may file a claim against the notary's $10,000 surety bond through the bonding company.

A notary is personally liable for damages caused to a person who reasonably relies on an improperly performed notarial act.

An applicant must be at least 18 years old, a legal resident of Texas, and free of disqualifying criminal convictions.

A conviction for a felony, or for a crime involving fraud or moral turpitude, disqualifies an applicant from holding a Texas notary commission.

The commission is issued by the Texas Secretary of State and runs for a term of four years.

The required surety bond is $10,000, payable to the Governor of Texas, and is filed with the Secretary of State.

After the commission issues, the notary must take and file the constitutional oath of office with the Secretary of State.

The notary must obtain an official seal or stamp of office before performing any notarial act.

A commission may be denied or refused where the application contains a material misstatement or omission.

A commissioned notary must keep the Secretary of State informed of changes to the notary's name or business address.

A Texas notary's authority is statewide: a notary commissioned in one county may perform notarial acts in any Texas county.

Core statutory powers are administering oaths and affirmations, taking acknowledgments and proofs of acknowledgment, taking depositions, and protesting instruments.

The signer must personally appear before the notary at the time of the act; absent-signer notarization is not permitted.

The notary must identify the signer by personal knowledge or satisfactory evidence, such as a current government-issued photo identification.

A notary may not notarize the notary's own signature, a document to which the notary is a party, or a document in which the notary holds a beneficial interest.

Every notarial act must be evidenced by a written certificate signed by the notary and bearing the official seal or stamp.

A notary may decline to act when identity is uncertain, the document is incomplete, or the requested act would be unlawful or improper.

An acknowledgment certifies that the signer appeared, was identified, and voluntarily executed the instrument for its stated purposes; no oath is administered.

A jurat certifies that the signer appeared, swore or affirmed the truth of the document's contents, and signed in the notary's presence.

Decision rule: the required certificate must match the document's wording - a document requiring a jurat cannot be satisfied by an acknowledgment certificate, and vice versa.

The certificate must state the date of the act, the signer's name, the county of execution, the notary's signature, and the official seal.

An affirmation may be administered instead of an oath to a person who objects to swearing on religious grounds.

A proof of acknowledgment is used when the original signer is unavailable and a subscribing witness swears to the signer's execution.

In a deposition, the notary administers the oath to the witness and attaches a certificate of the officer to the transcript.

Statutory short-form certificates should be used as written; the prescribed wording is not to be altered.

A notary who is not a licensed Texas attorney may not use the title 'notario' or 'notario publico' in any advertising or communication.

Advertising in a language other than English must include the statement that the notary is not an attorney and may not give legal advice, in both English and the language of the advertisement.

A notary may not give legal advice, explain the legal effect of a document, or accept compensation for legal advice.

A non-attorney notary may not draft, select, or advise on legal documents; the notary supplies only the notarial certificate.

A conflict of interest exists when the notary is a signer, a party to the document, or holds a beneficial interest in the transaction.

A notary may not notarize a document that is blank or incomplete in its material terms.

A notary may not use the official seal or title to endorse, promote, or lend credibility to a product or service.

A notary may not charge a fee for anything characterized as legal advice or document preparation.

Statutory maximum fee is $6 for each notarial act, plus $1 for each additional signature in the same acknowledgment beyond the first.

A separate travel fee may be charged only if it is disclosed and agreed to in advance of the appointment.

Each entry in the record book identifies the date, the signer, the document type, the notarial act performed, and the fee charged.

The record book is the notary's property and must be retained for the period required by the Secretary of State's rules.

Complaints against a notary are filed with the Notary Public Unit of the Texas Secretary of State, which may investigate and act on them.

The Secretary of State may deny, suspend, or revoke a commission for misconduct, fraud, failure to comply with Chapter 406, or a disqualifying conviction.

An injured person may file a claim against the notary's $10,000 surety bond through the bonding company.

A notary is personally liable for damages caused to a person who reasonably relies on an improperly performed notarial act.

An applicant must be at least 18 years old, a legal resident of Texas, and free of disqualifying criminal convictions.

A conviction for a felony, or for a crime involving fraud or moral turpitude, disqualifies an applicant from holding a Texas notary commission.

The commission is issued by the Texas Secretary of State and runs for a term of four years.

The required surety bond is $10,000, payable to the Governor of Texas, and is filed with the Secretary of State.

After the commission issues, the notary must take and file the constitutional oath of office with the Secretary of State.

The notary must obtain an official seal or stamp of office before performing any notarial act.

A commission may be denied or refused where the application contains a material misstatement or omission.

A commissioned notary must keep the Secretary of State informed of changes to the notary's name or business address.

A Texas notary's authority is statewide: a notary commissioned in one county may perform notarial acts in any Texas county.

Core statutory powers are administering oaths and affirmations, taking acknowledgments and proofs of acknowledgment, taking depositions, and protesting instruments.

The signer must personally appear before the notary at the time of the act; absent-signer notarization is not permitted.

The notary must identify the signer by personal knowledge or satisfactory evidence, such as a current government-issued photo identification.

A notary may not notarize the notary's own signature, a document to which the notary is a party, or a document in which the notary holds a beneficial interest.

Every notarial act must be evidenced by a written certificate signed by the notary and bearing the official seal or stamp.

A notary may decline to act when identity is uncertain, the document is incomplete, or the requested act would be unlawful or improper.

An acknowledgment certifies that the signer appeared, was identified, and voluntarily executed the instrument for its stated purposes; no oath is administered.

A jurat certifies that the signer appeared, swore or affirmed the truth of the document's contents, and signed in the notary's presence.

Decision rule: the required certificate must match the document's wording - a document requiring a jurat cannot be satisfied by an acknowledgment certificate, and vice versa.

The certificate must state the date of the act, the signer's name, the county of execution, the notary's signature, and the official seal.

An affirmation may be administered instead of an oath to a person who objects to swearing on religious grounds.

A proof of acknowledgment is used when the original signer is unavailable and a subscribing witness swears to the signer's execution.

In a deposition, the notary administers the oath to the witness and attaches a certificate of the officer to the transcript.

Statutory short-form certificates should be used as written; the prescribed wording is not to be altered.

A notary who is not a licensed Texas attorney may not use the title 'notario' or 'notario publico' in any advertising or communication.

Advertising in a language other than English must include the statement that the notary is not an attorney and may not give legal advice, in both English and the language of the advertisement.

A notary may not give legal advice, explain the legal effect of a document, or accept compensation for legal advice.

A non-attorney notary may not draft, select, or advise on legal documents; the notary supplies only the notarial certificate.

A conflict of interest exists when the notary is a signer, a party to the document, or holds a beneficial interest in the transaction.

A notary may not notarize a document that is blank or incomplete in its material terms.

A notary may not use the official seal or title to endorse, promote, or lend credibility to a product or service.

A notary may not charge a fee for anything characterized as legal advice or document preparation.

Statutory maximum fee is $6 for each notarial act, plus $1 for each additional signature in the same acknowledgment beyond the first.

A separate travel fee may be charged only if it is disclosed and agreed to in advance of the appointment.

Each entry in the record book identifies the date, the signer, the document type, the notarial act performed, and the fee charged.

The record book is the notary's property and must be retained for the period required by the Secretary of State's rules.

Complaints against a notary are filed with the Notary Public Unit of the Texas Secretary of State, which may investigate and act on them.

The Secretary of State may deny, suspend, or revoke a commission for misconduct, fraud, failure to comply with Chapter 406, or a disqualifying conviction.

An injured person may file a claim against the notary's $10,000 surety bond through the bonding company.

A notary is personally liable for damages caused to a person who reasonably relies on an improperly performed notarial act.

An applicant must be at least 18 years old, a legal resident of Texas, and free of disqualifying criminal convictions.

A conviction for a felony, or for a crime involving fraud or moral turpitude, disqualifies an applicant from holding a Texas notary commission.

The commission is issued by the Texas Secretary of State and runs for a term of four years.

The required surety bond is $10,000, payable to the Governor of Texas, and is filed with the Secretary of State.

After the commission issues, the notary must take and file the constitutional oath of office with the Secretary of State.

The notary must obtain an official seal or stamp of office before performing any notarial act.

A commission may be denied or refused where the application contains a material misstatement or omission.

A commissioned notary must keep the Secretary of State informed of changes to the notary's name or business address.

A Texas notary's authority is statewide: a notary commissioned in one county may perform notarial acts in any Texas county.

Core statutory powers are administering oaths and affirmations, taking acknowledgments and proofs of acknowledgment, taking depositions, and protesting instruments.

The signer must personally appear before the notary at the time of the act; absent-signer notarization is not permitted.

The notary must identify the signer by personal knowledge or satisfactory evidence, such as a current government-issued photo identification.

A notary may not notarize the notary's own signature, a document to which the notary is a party, or a document in which the notary holds a beneficial interest.

Every notarial act must be evidenced by a written certificate signed by the notary and bearing the official seal or stamp.

A notary may decline to act when identity is uncertain, the document is incomplete, or the requested act would be unlawful or improper.

An acknowledgment certifies that the signer appeared, was identified, and voluntarily executed the instrument for its stated purposes; no oath is administered.

A jurat certifies that the signer appeared, swore or affirmed the truth of the document's contents, and signed in the notary's presence.

Decision rule: the required certificate must match the document's wording - a document requiring a jurat cannot be satisfied by an acknowledgment certificate, and vice versa.

The certificate must state the date of the act, the signer's name, the county of execution, the notary's signature, and the official seal.

An affirmation may be administered instead of an oath to a person who objects to swearing on religious grounds.

A proof of acknowledgment is used when the original signer is unavailable and a subscribing witness swears to the signer's execution.

In a deposition, the notary administers the oath to the witness and attaches a certificate of the officer to the transcript.

Statutory short-form certificates should be used as written; the prescribed wording is not to be altered.

A notary who is not a licensed Texas attorney may not use the title 'notario' or 'notario publico' in any advertising or communication.

Advertising in a language other than English must include the statement that the notary is not an attorney and may not give legal advice, in both English and the language of the advertisement.

A notary may not give legal advice, explain the legal effect of a document, or accept compensation for legal advice.

A non-attorney notary may not draft, select, or advise on legal documents; the notary supplies only the notarial certificate.

A conflict of interest exists when the notary is a signer, a party to the document, or holds a beneficial interest in the transaction.

A notary may not notarize a document that is blank or incomplete in its material terms.

A notary may not use the official seal or title to endorse, promote, or lend credibility to a product or service.

A notary may not charge a fee for anything characterized as legal advice or document preparation.

Statutory maximum fee is $6 for each notarial act, plus $1 for each additional signature in the same acknowledgment beyond the first.

A separate travel fee may be charged only if it is disclosed and agreed to in advance of the appointment.

Each entry in the record book identifies the date, the signer, the document type, the notarial act performed, and the fee charged.

The record book is the notary's property and must be retained for the period required by the Secretary of State's rules.

Complaints against a notary are filed with the Notary Public Unit of the Texas Secretary of State, which may investigate and act on them.

The Secretary of State may deny, suspend, or revoke a commission for misconduct, fraud, failure to comply with Chapter 406, or a disqualifying conviction.

An injured person may file a claim against the notary's $10,000 surety bond through the bonding company.

A notary is personally liable for damages caused to a person who reasonably relies on an improperly performed notarial act.

Statutory maximum fee is $6 for each notarial act, plus $1 for each additional signature in the same acknowledgment beyond the first.

A separate travel fee may be charged only if it is disclosed and agreed to in advance of the appointment.

Each entry in the record book identifies the date, the signer, the document type, the notarial act performed, and the fee charged.

The record book is the notary's property and must be retained for the period required by the Secretary of State's rules.

Complaints against a notary are filed with the Notary Public Unit of the Texas Secretary of State, which may investigate and act on them.

The Secretary of State may deny, suspend, or revoke a commission for misconduct, fraud, failure to comply with Chapter 406, or a disqualifying conviction.

An injured person may file a claim against the notary's $10,000 surety bond through the bonding company.

A notary is personally liable for damages caused to a person who reasonably relies on an improperly performed notarial act.

A notary who is not a licensed Texas attorney may not use the title 'notario' or 'notario publico' in any advertising or communication.

Advertising in a language other than English must include the statement that the notary is not an attorney and may not give legal advice, in both English and the language of the advertisement.

A notary may not give legal advice, explain the legal effect of a document, or accept compensation for legal advice.

A non-attorney notary may not draft, select, or advise on legal documents; the notary supplies only the notarial certificate.

A conflict of interest exists when the notary is a signer, a party to the document, or holds a beneficial interest in the transaction.

A notary may not notarize a document that is blank or incomplete in its material terms.

A notary may not use the official seal or title to endorse, promote, or lend credibility to a product or service.

A notary may not charge a fee for anything characterized as legal advice or document preparation.