The notary cannot perform a notarial act over a document that is missing pages, or that contains blanks that should be filled-in prior to the notarial act. If missing pages cannot be presented to the notary, or if the signer does not know how to deal with the blanks in the document, the notary cannot proceed. These are acceptable at the time of notarization. When the document to be notarized is a dated one, then it must be dated the same day as notarization or earlier. The purpose of notarization is so the formalities of document execution are conducted before a notary.
Execute: to perform what is necessary to give validity to something, for example execute a deed. It is possible for a signer to present an undated document for notarization; i.
Look at the notarial certificate. Check the format. These words tell you which notarial act is required - whether you have to administer an oath or affirmation or take an acknowledgment. If the document signer insists on a notarial act but no act is clearly indicated on the document, the signer or other party involved with the document must choose the notarial act.
It is not uncommon for signers to execute a document under duress or coercion. Many states require the notary to keep a recordbook also called a notary journal of all notarial acts. States that do not require a notary to keep a record of his or her notarial acts strongly recommend that the notary keep a recordbook. Keeping a notary recordbook is for your own protection and for the protection of the public and your employer.
The recordbook entry should contain information about the signer including his or her original signature, the title and date of the document, the notarial act performed, the method of identifying the signer, and any unusual circumstances associated with the notarization. The verbal ceremony must be performed. Here's the essence of the notarization. In the case of a document requiring an oath or affirmation, the verbal ceremony is the official question that causes the client to swear or affirm that the information in the document is the truth.
A completed notarial certificate is required. You should also obtain a new seal and start a new record book for future notarizations. If your employer will not release your commission, you may contact the secretary of state's office for a duplicate copy of the commission. A notary public shall provide a seal of office that clearly shows, when embossed, stamped, or printed on a document, the words "Notary Public, State of Texas" around a star of five points, the notary public's name, and the date the notary public's commission expires.
Notaries public commissioned for the first time on or after January 1, , and notaries public renewing their commissions on or after that date must have their notary ID number on their seal of office. See Section The notary public shall authenticate all official acts with the seal of office. An online notary public must replace an electronic seal or digital certificate that is expired or no longer valid. The notary public shall provide a copy of the new seal or certificate to the secretary of state within 10 days of the replacement.
A notary is required to keep, in a safe and secure manner, copies of the records of notarizations performed for the longer of: 1 the term of the commission in which the notarization occurred; or 2 three years following the date of notarization.
The best practice, however, would be for the notary to permanently maintain copies of the records. When the commission of a notary public expires, or the individual otherwise ceases to be a notary public, the notary seal should be destroyed to prevent possible misuse by another individual. There is no specific prohibition against notarizing a spouse's or relative's signature or notarizing for a spouse's business.
However, notarizations should not be performed by a notary public who is a party to the instrument or financially or beneficially interested in the transaction. The facts in each situation will determine whether the notary's action was proper. In fact, there are statutes that specifically permit such notarizations. The Texas Attorney General's office issued a letter opinion in indicating that a notary public who is employed by a governmental body may refuse to take acknowledgements for the general public and must refuse when doing so would interfere with the employee's discharge of his or her duties as a public employee.
Birth certificates and marriage licenses are publically recordable documents. Recordable documents are recorded with some specific governmental entity, such as the secretary of state's office, a court of law, a county clerk, or the Bureau of Vital Statistics.
A certified copy of a recordable document may be obtained by contacting the recording entity. A notary cannot make certified copies of recordable documents. A notary may, however, make a certified copy of a non-recordable document. A non-recordable document is one that cannot be recorded with any type of governmental entity.
For instance, a letter is not recorded with anyone, but there are times the sender of the letter would like to maintain a certified copy of that letter for his or her file. The person for whom a notarization is performed must personally appear before the notary public at the time the notarization is performed.
A notary public has statewide jurisdiction and may perform notarial acts in any county in the state of Texas. A notary public who is not an attorney should only complete a notarial certificate which is already on the document, or type or attach a certificate of the maker's choosing. If a notary public were presented with a document that did not contain a certificate and decided which certificate to attach, that notary public would be "practicing law.
The notarial certificate must be in English. In addition to containing the above statement, the notice must be conspicuous, be in both English and the language of the advertisement, and must include the fees that a notary public may charge.
A lesser fee is allowed or no fee at all may be charged. Excessive fees are grounds for disciplinary action. After obtaining the notarized documents, follow the instructions stated in the answer to Question 23 below. You may obtain an official certificate or apostille on a document notarized by a Texas notary public from the Authentications Unit of the secretary of state.
Most banks provide free notary public services to their customers. Other financial services firms, such as credit unions , thrifts , real estate firms, tax preparation firms or insurance company offices also commonly have notaries available and provide that service to clients at no charge. National Notary Association. The UPS Store. AAA Northeast. Checking Accounts.
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