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TX NJE key terms

TX NJE · Get comfortable with the vocabulary.

Commission

The formal authorization issued by the state that empowers a person to act as a notary public for a set term, typically evidenced by a certificate and recorded with the county clerk.

Related: Notary Public, Term of Office, Oath of Office
Notary Public

A public officer commissioned by the state to serve as an impartial witness, performing acts such as acknowledgments, jurats, oaths, and affirmations within the state's authority.

Related: Commission, Notarial Act, Impartial Witness
Application for Commission

The form and supporting materials a candidate submits to the state agency to request a notary commission, including personal identifying information and any required endorsements or fees.

Related: Commission, Eligibility Requirements, Surety Bond
Eligibility Requirements

The statutory conditions a person must satisfy to be commissioned, such as minimum age, residency or legal presence, voter registration status, and absence of disqualifying criminal convictions.

Related: Application for Commission, Disqualifying Conviction, Commission
Disqualifying Conviction

A criminal conviction that bars a person from holding or keeping a notary commission, often subject to statutory look-back periods and review by the commissioning agency.

Related: Eligibility Requirements, Revocation, Commission
Oath of Office

The sworn pledge a commissioned notary takes to faithfully perform the duties of the office before beginning to act, often filed with a designated official.

Related: Commission, Affirmation, Jurisdiction
Surety Bond

A required bond purchased by the notary that provides a limited fund for paying damages to people harmed by the notary's official misconduct, though it does not insure the notary personally.

Related: Commission, Official Misconduct, Errors and Omissions Insurance
Term of Office

The fixed period for which a notary is commissioned, after which the authority ends unless the notary is reappointed and recommissioned according to law.

Related: Commission, Reappointment, Expiration of Commission
Jurisdiction

The geographic area and legal boundaries within which a notary's commission is valid and the notarial acts may lawfully be performed.

Related: Commission, Statewide Authority, Notarial Act
Notarial Act

Any official act a notary is authorized to perform, including taking acknowledgments, administering oaths and affirmations, witnessing signatures, and certifying copies or protests.

Related: Acknowledgment, Jurat, Certificate
Acknowledgment

A notarial act in which the notary certifies that a signer personally appeared, was identified, and acknowledged signing the document voluntarily for its stated purpose.

Related: Certificate of Acknowledgment, Personal Appearance, Notarial Certificate
Jurat

A notarial certificate proving that a signer personally appeared, was identified, and swore or affirmed to the truth of the document's contents in the notary's presence.

Related: Oath, Affirmation, Notarial Certificate
Oath

A solemn promise to tell the truth or perform a duty, made with reference to a Supreme Being, which the notary administers and records.

Related: Affirmation, Jurat, Administration of Oath
Affirmation

A solemn promise to tell the truth or perform a duty made without religious reference, legally equivalent to an oath and equally binding on the person making it.

Related: Oath, Jurat, Administration of Oath
Notarial Certificate

The written statement, signed and sealed by the notary, that describes the act performed, the date and place, the signer's identity, and the notary's official signature.

Related: Acknowledgment, Jurat, Notary Seal
Certificate of Acknowledgment

The specific wording appended to or attached to a document reciting that the signer appeared, was identified, and acknowledged executing the instrument voluntarily.

Related: Acknowledgment, Notarial Certificate, Venue
Personal Appearance

The requirement that the signer physically appear before the notary at the time of the act, which generally cannot be satisfied by mail, phone, or an absent signer.

Related: Acknowledgment, Identification of Signer, Remote Notarization
Identification of Signer

The process by which a notary verifies a signer's identity using satisfactory evidence such as personal knowledge, a government-issued photo ID, or credible identifying witnesses.

Related: Personal Appearance, Credible Witness, Satisfactory Evidence
Credible Witness

A person who personally knows the signer and vouches for that identity to the notary, used when the notary lacks personal knowledge and documentary identification is unavailable.

Related: Identification of Signer, Satisfactory Evidence, Personal Appearance
Venue

The statement in a notarial certificate identifying the state and county where the notarial act took place, showing the notary acted within proper jurisdiction.

Related: Notarial Certificate, Jurisdiction, Certificate of Acknowledgment
Notary Seal

The official stamp or embosser containing the notary's name and commission information, applied to certificates to authenticate the notarial act as required by law.

Related: Notarial Certificate, Official Signature, Commission Expiration Date
Official Signature

The notary's signature exactly as it appears on the commission, used only for notarial acts and never for personal or unrelated business purposes.

Related: Notary Seal, Notarial Certificate, Impartial Witness
Journal of Notarial Acts

A chronological record kept by the notary documenting each act, including date, type of act, signer's name and address, identification used, and signature of the signer.

Related: Notarial Act, Identification of Signer, Record Retention
Record Retention

The legal obligation to preserve notary journals, certificates, and related records for a specified period, and to deliver them to a designated official upon leaving office.

Related: Journal of Notarial Acts, Custodian of Records, Commission
Prohibited Act

Conduct a notary may not lawfully engage in, such as notarizing one's own signature, a relative's document, or a document in which the notary has a beneficial interest.

Related: Conflict of Interest, Self-Notarization, Disqualifying Interest
Conflict of Interest

A situation where the notary's personal, financial, or family interest in a transaction could compromise the impartiality required of a disinterested witness.

Related: Prohibited Act, Disqualifying Interest, Impartial Witness
Self-Notarization

The prohibited practice of a notary administering a notarial act on the notary's own signature or document, which undermines the impartial witnessing function.

Related: Prohibited Act, Conflict of Interest, Impartial Witness
Disqualifying Interest

A direct beneficial interest in the document or transaction that bars the notary from acting, such as being a party, grantee, or named beneficiary of the instrument.

Related: Conflict of Interest, Prohibited Act, Impartial Witness
Impartial Witness

The role a notary must serve, acting without bias or personal stake, treating all signers equally and declining any act that would compromise neutrality.

Related: Conflict of Interest, Prohibited Act, Notary Public
Notary Fees

The maximum charges a notary may collect for specified notarial acts, set by statute, which may not be exceeded and must be disclosed when requested.

Related: Fee Schedule, Advertising, Notarial Act
Fee Schedule

The statutory list of permitted charges for each type of notarial act, which caps what a notary may lawfully collect for performing official services.

Related: Notary Fees, Advertising, Prohibited Act
Advertising

The promotional materials a notary uses to offer services, which must be truthful, avoid misleading claims, and not imply powers beyond the notary's legal authority.

Related: Notary Fees, Unauthorized Practice of Law, Commission
Unauthorized Practice of Law

Providing legal advice, selecting document types, or explaining legal consequences, which a notary may not do unless separately licensed as an attorney.

Related: Advertising, Prohibited Act, Notary Public
Revocation

The formal withdrawal of a notary's commission by the state agency as a disciplinary sanction, ending the notary's authority to perform notarial acts.

Related: Suspension, Complaint, Official Misconduct
Suspension

A temporary bar on a notary exercising the powers of the office, imposed as discipline while a complaint is investigated or for a defined period.

Related: Revocation, Complaint, Discipline
Complaint

A formal allegation filed with the commissioning agency asserting that a notary violated the law or failed to perform duties, which may trigger investigation and discipline.

Related: Investigation, Revocation, Discipline
Official Misconduct

A notary's improper performance or abuse of official duties, including false certificates, improper identification, or charging unlawful fees, which may lead to discipline.

Related: Revocation, Complaint, Surety Bond
Reappointment

The process of seeking a new commission before the current term expires, requiring a fresh application, oath, and bond as the state requires.

Related: Term of Office, Application for Commission, Commission