TX NJE cheat sheet

Applicants must generally be at least 18 years old, reside in or have a place of employment in the state, and be able to read and write English.

A notary commission is a state-issued appointment; the term length and renewal process are set by the commissioning statute and vary by state.

Most states require a surety bond before the commission takes effect; the bond protects the public, not the notary, and does not cap the notary's personal liability.

An oath of office and submission of an application, often with an endorsement or sponsorship, typically precede issuance of the commission.

Applicants commonly must disclose prior felony convictions or certain misdemeanors; undisclosed disqualifying convictions can void a commission.

A commission is personal to the notary and generally cannot be transferred, assigned, or used by an employer as if it belonged to the business.

The notary must obtain the official seal/stamp as part of commissioning; the commission number is usually printed on the seal.

Failure to file the bond, oath, or seal impression within the statutory deadline can delay or invalidate the appointment.

A notary who moves out of the commissioning state may be required to resign or may lose the commission, depending on the statute.

Core duties: identify the signer, determine that the signer appears willingly and is aware of the act, and administer oaths or affirmations when the certificate requires it.

A notary may administer oaths and affirmations, take acknowledgments, witness signatures, and certify copies only where the statute authorizes copy certification.

The notary must be physically present with the signer for a paper notarization; the signer must personally appear before the notary.

Personal knowledge or satisfactory evidence of identity is required; a credible identifying witness may substitute where the statute allows.

The notary must screen for willingness and awareness; if the signer appears coerced, confused, or incapacitated, the notary should decline the act.

A notary may not notarize a document in which the notary has a beneficial interest or is a party, and generally may not notarize for a spouse in some states.

The notary must not exceed authority: no legal advice, no drafting of documents, no selection of the type of notarial certificate for the signer.

The notary must record the act contemporaneously in the journal where a journal is required, capturing the date, type of act, and identity evidence.

Use of an interpreter or signing agent does not relieve the notary of the duty to communicate directly with the signer about the act.

An acknowledgment certifies that the signer personally appeared, was identified, and acknowledged executing the document voluntarily for its stated purpose.

A jurat (verification on oath or affirmation) certifies the signer appeared, was identified, and swore or affirmed the contents before the notary; the notary administers the oath.

A signature witnessing certificate certifies only appearance and identification, not that the signer swore to the contents.

The certificate must match the act performed; a jurat wording cannot be used for an acknowledgment, and vice versa.

A complete certificate includes the venue (state and county), the act language, the date, the signer's name, and the notary's signature, title, and commission expiration.

If the document lacks a certificate, the notary may add a loose or attached certificate, but should not choose the act for the signer.

The notary may complete the certificate in the notary's own handwriting or by stamp; blank certificates must never be pre-signed or pre-stamped.

Acknowledgment requires the signer's acknowledgment of execution; the signer need not sign in the notary's presence if the signer acknowledges a prior signature.

Jurats require the signer to sign in the notary's presence and to take the oath before the notary completes the jurat.

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

Notarizing for a spouse, parent, child, or sibling is restricted or prohibited in many states; the safe rule is to decline when a personal interest exists.

Blank notarizations - signing or sealing a document with no signer present or no completed certificate - are prohibited.

A notary may not charge more than the statutory maximum fee per notarial act; fee caps are set by statute and violations are grounds for discipline.

Advertising as an immigration consultant or offering legal advice, document drafting, or selection of forms is prohibited for a notary who is not an attorney.

A notary may not use the title to imply authority to practice law or to give advice about the legal effect of a document.

Disclosing or selling personal information from the notary journal, other than as required by law or court order, is prohibited.

A notary may not perform a notarial act using an expired commission or a seal that has been reported lost or stolen.

Notarizing without the signer's personal appearance, including remote acts outside authorized remote-notarization rules, is a prohibited act.

Where a journal is required, each entry should record the date, time, type of act, document title or description, signer name, address, and identity evidence used.

Journal entries are made at the time of the act and must not be altered later; corrections should be made by a dated, initialed marginal note.

The notary journal is generally the notary's property and must be retained for the statutory period, often several years after the last act or after commission ends.

The journal may be inspected by authorized persons and produced under subpoena or court order; refusing lawful inspection can be a violation.

The official seal must contain the notary's name, commission number or expiration, and the statutory wording; the impression must be legible.

The seal is the notary's responsibility and should be kept secure; a lost or stolen seal must be reported as the statute requires.

A notary may not lend, share, or permit another person to use the official seal or stamp.

Electronic notarization requires an electronic seal and may require journal records in a tamper-evident electronic format.

When a commission ends, the notary generally must surrender or destroy the seal and retain the journal per statute.

The maximum fee per notarial act is set by statute; a notary may charge less than the cap but never more.

Travel fees, mobile-service fees, and convenience fees may be charged only if the statute permits and must be separately identified from the notarial fee.

A notary must disclose the fee before performing the act and provide a receipt or itemized statement on request.

Fee splitting with a non-attorney for notarial referrals may be restricted; notaries should not pay or accept commissions for notarial referrals where prohibited.

Advertising must not state or imply that the notary is an attorney, can give legal advice, or can prepare immigration or legal documents.

Business cards and signs must show the notary's name and title accurately and must not use misleading credentials or seals of office.

A notary employed by a business may notarize for customers only within the scope of the commission; the employer cannot direct the notary to skip required steps.

Charging for a notarial act when the notary is statutorily required to perform it without fee (for example, certain official acts) is prohibited.

Records of fees charged should be kept consistent with journal entries to support compliance with the fee cap.

The commissioning authority (often the Secretary of State or governor) investigates complaints and may suspend, revoke, or refuse to renew a commission.

Grounds for discipline include fraud, dishonesty, incompetence, unprofessional conduct, exceeding fee caps, and failure to maintain required records.

Criminal penalties may attach to forgery, false certification, impersonating a notary, and notarizing without a commission.

A person harmed by a notarial act may sue the notary; the surety bond provides a limited recovery, and the notary remains personally liable for losses beyond the bond.

Administrative penalties can include fines, restitution, required training, and public reprimand in addition to suspension or revocation.

A notary must respond to inquiries from the commissioning authority; failure to cooperate can itself be a ground for discipline.

Complaints are typically filed in writing with the commissioning authority and must identify the notary, the act, and the alleged violation.

A notary who resigns or whose commission is revoked must stop performing notarial acts immediately and dispose of the seal as required.

Repeat violations or willful misconduct generally carry heavier sanctions than isolated clerical errors.