TX Notary key terms

A four-year appointment issued by the Texas Secretary of State that gives a person legal authority to perform notarial acts within the state.

The state office that appoints notaries, issues commissions, keeps notary records, investigates complaints, and may suspend or revoke a notary's authority.

A $10,000 bond a notary must buy and file before performing any notarial act; it protects the public from losses caused by notary misconduct, not the notary.

The sworn promise a newly appointed notary takes to faithfully perform notarial duties; it is taken and filed with the county clerk along with the surety bond.

The elected county official with whom a notary files the bond and oath, and the office where many notarized real estate and other documents are recorded.

To be appointed, a person must be at least 18, a Texas resident, and free of disqualifying felony or moral-turpitude convictions.

A stamp or embosser that must show the notary's name, "Notary Public, State of Texas," and the commission expiration date; it is applied to notarial certificates.

The required step after a commission is issued: taking the oath and filing the bond with the county clerk before performing any notarial act.

Any official act that a Texas notary public is authorized by law to perform, including acknowledgments, jurats, oaths, affirmations, proofs, and depositions.

The rule that the signer must be physically in the notary's presence at the time of the act, unless the act is done through approved online notarization.

Proof of identity shown to the notary, usually a current government-issued photo ID, or the sworn statement of a credible witness the notary knows.

A person who personally knows the signer and swears to the signer's identity, used when the signer cannot present acceptable identification.

A Texas notary's authority covers the entire state, although the bond and oath are filed in the county where the notary lives.

A bound record book in which the notary logs each notarial act, including the date, the parties, the identification used, and the fee charged.

The act of formally asking a person to swear or affirm that a statement is true or that a duty will be performed; a core notary function.

A notarial act in which the signer tells the notary that the signature on a document is voluntary and made for the document's stated purpose.

A notarial certificate showing that the signer swore or affirmed the truth of the document's contents before the notary on a stated date.

A written statement of facts made by a person under oath or affirmation, usually attached to a jurat completed by a notary.

A solemn spoken promise, often calling on God as witness, that a statement is true or that a duty will be faithfully performed.

A solemn promise to tell the truth made without invoking a deity; it has the same legal effect as an oath.

The notary's written statement on or attached to a document that describes the act performed, shows the date and place, and is signed and sealed.

A notarial act establishing that a document was signed by a party, proven through the sworn testimony of a witness who saw the signing.

Signing a document on behalf of another person or an entity, such as a corporate officer; the certificate should identify that capacity.

A notarial act performed using audio-video technology and identity proofing, which Texas permits under special rules for commissioned online notaries.

A title used in Latin America for a legal professional with powers far beyond a U.S. notary; Texas notaries may not use it or imply similar authority.

Activities reserved for licensed attorneys, such as giving legal advice, drafting legal documents, or choosing which form a person should use.

Rules on notary advertising, including required notices that the notary is not an attorney and cannot give legal advice or explain legal matters.

A situation in which the notary has a personal stake in the document or transaction, making it improper to serve as the notary.

Actions a notary may not perform, such as notarizing their own signature, certifying copies, or acting while unqualified or with a conflict.

A prohibited practice in which a notary tries to certify their own signature or serve as both the signer and the notary on one document.

Certifying that a copy of a document matches the original; Texas notaries are generally not authorized to perform this act.

The maximum amounts a notary may charge for notarial acts, generally $10 per act under Texas law, with lower limits for some protests.

The duty to keep notary journal entries for five years after the date of the last notarial act recorded in the journal.

A formal report of alleged notary misconduct filed with the Secretary of State, which may lead to an investigation and disciplinary action.

Penalties that the Texas Secretary of State may impose on a notary, including a reprimand, suspension, revocation, or an administrative penalty.

The permanent cancellation of a notary commission by the Secretary of State for serious or repeated violations of notary law.

A monetary fine that the Texas Secretary of State may impose on a notary for violating notary statutes or rules.

A demand made against a notary's bond by a person harmed by the notary's misconduct, payable up to the bond amount.