TX NJE flashcards

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

Minimum age to be a notary

Most states require a notary applicant to be at least 18 years old at the time of application, in addition to residency and literacy requirements set by statute.

Surety bond purpose

A notary bond protects the public from losses caused by notarial misconduct up to the bond amount; it does not shield the notary from personal liability for losses beyond that amount.

Notary commission is personal

A commission belongs to the individual notary and cannot be transferred to or used by an employer or business entity as though the business were the notary.

Oath of office requirement

Many states require the notary to take and file an oath of office, along with the bond and seal impression, before the commission becomes effective.

Disclosing prior convictions

Applicants usually must disclose prior felony or certain misdemeanor convictions on the application; an undisclosed disqualifying conviction can invalidate the appointment.

Residency or employment link

Applicants typically must reside in the commissioning state or have a place of employment there; moving out of state may require resignation or loss of commission.

Commission term and renewal

The length of a notary commission and the renewal process are set by statute; performing acts after expiration is prohibited until the commission is renewed.

Seal obtained at commissioning

The notary must obtain the official seal or stamp as part of being commissioned; the commission number or expiration date usually appears on the seal.

Personal appearance required

The signer must physically appear before the notary for a paper notarization; remote acts are permitted only where remote notarization rules expressly authorize them.

Satisfactory evidence of identity

The notary must identify the signer through personal knowledge or satisfactory evidence, such as a current government-issued photo ID, or a credible witness where allowed.

Willingness and awareness screening

The notary must determine that the signer appears willing and aware of the act; if coercion, confusion, or incapacity is apparent, the notary should decline.

Administering oaths and affirmations

A notary may administer oaths and affirmations when a certificate requires them, such as for a jurat, and must actually have the signer swear or affirm.

No legal advice by notary

A notary may not give legal advice, draft documents, or choose which notarial certificate the signer should use; those tasks belong to attorneys or the parties.

Copy certification authority

A notary may certify copies of documents only where the statute authorizes it; many states prohibit copy certification entirely or limit it to specific records.

Contemporaneous journal entry

Where a journal is required, the notary records each act at the time it is performed, including date, act type, signer identity, and identity evidence used.

Interpreter does not replace notary

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

Acknowledgment defined

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

Jurat defined

A jurat certifies the signer appeared, was identified, and swore or affirmed the contents of the document before the notary, who administered the oath.

Signature witnessing certificate

A signature witnessing certificate certifies only the signer's appearance and identification; it does not certify that the signer swore to the document's contents.

Certificate must match act

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

Elements of a complete certificate

A complete certificate states the venue, the act language, the date, the signer's name, and the notary's signature, title, and commission expiration date.

Loose certificate use

If a document lacks certificate wording, the notary may attach a loose certificate, but the notary should not select the type of act on the signer's behalf.

No pre-signed certificates

A notary must never pre-sign, pre-stamp, or seal a blank certificate; the certificate is completed only in connection with an act actually performed.

Jurats require presence

For a jurat, the signer must sign in the notary's presence and take the oath before the notary completes and signs the jurat certificate.

No self-notarization

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

Family notarization limits

Many states restrict or prohibit notarizing for a spouse, parent, child, or sibling; declining when a personal interest exists is the safe practice.

Blank notarization prohibited

Signing or sealing a document when no signer is present or when the certificate is incomplete is a prohibited blank notarization and grounds for discipline.

Statutory fee cap

A notary may not charge more than the statutory maximum fee per notarial act; exceeding the cap is a violation that can lead to discipline.

Unauthorized practice of law

A non-attorney notary may not give legal advice, draft legal documents, select forms, or imply authority to practice law through advertising or conduct.

Journal confidentiality

Disclosing or selling personal information from the notary journal, except as required by law or court order, is prohibited and may be a violation.

Expired commission acts

Performing a notarial act after the commission expires, or using a seal reported lost or stolen, is a prohibited act subject to enforcement.

Journal retention period

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

Journal inspection and subpoena

Authorized persons may inspect the journal, and it must be produced under subpoena or court order; refusing a lawful inspection can itself be a violation.

Seal content requirements

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

No sharing the seal

A notary may not lend, share, or allow another person to use the official seal or stamp; the notary is responsible for keeping it secure.

Lost or stolen seal

A lost or stolen seal must be reported as the statute requires, and the notary may not continue using a seal known to be compromised.

Electronic notarization records

Electronic notarization requires an electronic seal and may require journal records kept in a tamper-evident electronic format under the state's rules.

Disposition of seal at end

When a commission ends, the notary generally must surrender or destroy the seal as required and retain the journal for the statutory retention period.

Travel and mobile fees

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

Fee disclosure and receipt

A notary should disclose the fee before performing the act and provide an itemized receipt or statement on request, consistent with journal records.

Misleading advertising ban

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

Employer cannot waive steps

An employer may not direct a notary employee to skip identification, appearance, or journal steps; the notary remains personally responsible for compliance.

No-fee required acts

Where a statute requires a notary to perform an act without charge, such as certain official acts, charging a fee for that act is prohibited.

Accurate business credentials

Business cards and signs must show the notary's name and title accurately and must not use misleading credentials or seals implying official authority beyond the commission.

Commissioning authority enforcement

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

Grounds for discipline

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

Criminal notary violations

Forgery, false certification, impersonating a notary, and notarizing without a commission can carry criminal penalties in addition to administrative sanctions.

Civil liability and bond limits

A harmed person may sue the notary; the surety bond provides limited recovery, and the notary remains personally liable for losses exceeding the bond.

Range of administrative penalties

Administrative sanctions can include fines, restitution, required training, public reprimand, suspension, or revocation of the commission.

Duty to cooperate with inquiry

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

Filing a complaint

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

Effect of revocation or resignation

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