Powers and General Duties of a Notary Public
What a notary may do
A Texas notary's powers come from the Government Code and include administering oaths and affirmations, taking acknowledgments and proofs of written instruments, taking affidavits and depositions, and making protests of negotiable instruments. The notary's authority is statewide but ends the moment the commission expires - there is no grace period for acts performed after expiration.
The duties that generate exam questions
Personal appearance. The signer must appear before the notary. No appearance, no notarial act - a notary may not notarize by mail, by phone, or on the strength of a signature alone. A notary registered for online notarization may act remotely only under the statutes and rules governing that registration.
Identity. Before certifying, the notary must identify the signer through satisfactory evidence - personal knowledge or a current government-issued identification.
The certificate and seal. The notary must actually see what is being notarized, complete the certificate fully, sign it, and affix the official seal showing the notary's name and the words 'Notary Public, State of Texas.'
Records and notice. The notary keeps a record book of notarial acts and must keep the Secretary of State informed of changes required by rule, such as an address change.
Rule of thumb
'No appearance, no notarization.' If a fact pattern puts the signer in another room, another state, or another country with no registered remote authorization, the correct answer is that the notarial act cannot be performed.
Traps
Letting an assistant use the notary's seal; delegating a notarial act; notarizing a document the notary has not examined; assuming the seal is optional.