TX Notary flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Notary term length

A Texas notary public commission lasts four years from the date the Secretary of State issues it, unless the commission is revoked, suspended, or surrendered before that date.

Minimum notary age

An applicant for a Texas notary commission must be at least 18 years old and a legal resident of Texas before submitting the application to the Secretary of State.

Notary bond amount

A Texas notary must file a $10,000 surety bond payable to the Governor of Texas with the Secretary of State as a condition of holding the commission.

Commissioning authority

The Texas Secretary of State issues, renews, suspends, revokes, and otherwise administers notary public commissions, and also handles related complaints.

Oath of office filing

After the commission is issued, the notary takes the constitutional oath of office and files it, together with the required bond, with the Secretary of State.

Official notary seal

A Texas notary must use an official seal or stamp on notarial certificates; the imprint must be legible and include the notary's name and the words 'Notary Public, State of Texas.'

Disqualifying criminal conviction

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

Statewide notary jurisdiction

A Texas notary public may perform notarial acts anywhere in the state, not only in the county where the notary applied for or received the commission.

Personal appearance requirement

The signer must physically appear before the notary at the time of the act, so an absent signer cannot be notarized by mail, telephone, or recorded video.

Core powers of a notary

Texas notaries may administer oaths and affirmations, take acknowledgments and proofs of acknowledgment, take depositions, and protest instruments such as bills and notes.

Notarizing own signature

A notary may never 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.

Satisfactory evidence of identity

Before every notarial act, the notary must identify the signer through personal knowledge or satisfactory evidence, such as a current government-issued photo identification.

Refusing a notarial act

A notary may decline to perform an act when the signer's identity is uncertain, the document is incomplete, or the requested act is unlawful or improper.

Acknowledgment certificate contents

An acknowledgment certificate states that the signer personally appeared, was identified, and acknowledged executing the instrument voluntarily for its stated purposes on the date shown.

Jurat certificate contents

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

Acknowledgment versus jurat

An acknowledgment verifies identity and voluntary execution, while a jurat verifies that the signer took an oath or affirmation that the document's contents are true.

Administering an oath

Administering an oath requires the signer to swear before the notary that a statement or document is true, and the act is recorded in a jurat certificate.

Deposition officer certificate

When taking a deposition, the notary administers the oath to the witness and attaches an officer's certificate stating that the witness was sworn and the testimony recorded.

Notarial certificate essentials

Every certificate must identify the signer, state the date of the act, name the county, and be signed by the notary with the official seal attached.

Proof of acknowledgment

When the original signer cannot appear, a subscribing witness may personally appear and swear to the signer's execution, producing a proof of acknowledgment certificate.

Short-form certificates

Texas provides statutory short-form acknowledgment and jurat certificates that a notary may use as written; the prescribed wording should not be rewritten or altered.

Notario publico restriction

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

Foreign-language advertisement disclaimer

Notary advertising in a language other than English must state that the notary is not an attorney and may not give legal advice, in English and in that language.

Prohibition on legal advice

A Texas notary may not give legal advice, explain the legal effect of a document, or accept any fee in exchange for legal advice.

Document preparation restriction

A non-attorney notary may not draft, select, or advise on legal documents and may supply only the notarial certificate and blanks the signer requests.

Notary conflict of interest

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

Notarizing incomplete documents

A notary may not notarize a document that is blank or materially incomplete, because the signer cannot be verifying content that does not yet exist.

Maximum fee per act

Texas law caps the fee at $6 for each notarial act, plus $1 for each additional signature on the same acknowledgment beyond the first.

Travel fee disclosure

A notary may charge a separate travel fee only when it is disclosed and agreed to in advance, and it is never part of the statutory notarial fee.

Record book entries

Each record book entry identifies the date of the act, the signer's name, the type of document, the notarial act performed, and the fee charged.

Filing a complaint

Complaints against a Texas notary are filed with the Notary Public Unit of the Secretary of State, which may investigate and take disciplinary action.

Grounds for revocation

The Secretary of State may suspend or revoke a commission for misconduct, fraud, failure to comply with notary statutes, or conviction of a disqualifying crime.