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Notary FAQs

Texas Frequently Asked Questions

Texas Frequently Asked Questions

What is the purpose of a notary public?

A notary public is a person of integrity who is appointed to act as an impartial witness to the signing of an important transaction and to perform a notarial act, which validates the transaction. A notary’s primary purpose is to prevent fraud and forgery by requiring the personal presence of the signer and satisfactorily identifying the signer.

 

What is a notary bond?

The notary bond is a type of surety bond issued by an approved surety company to protect the public against any wrongdoing on the part of the notary. The surety company guarantees to the public that you, as a notary public, will perform your duties in accordance with the law, and if you do not, the company will pay any damages caused by the incorrect notarization up to the amount of the bond.

 

What does it mean to "notarize a signature"?

“Notarize a signature” is a generic phrase used when administering an oath or taking an acknowledgment, the two most common notarial acts.

 

How do I administer an oath for a document?

Assuming the document is ready for notarization and the signer has been satisfactorily identified and is willing to sign the document, you administer the oath by asking a simple question, “Do you solemnly swear the information contained in this document is the truth, so help you God?” For an oath, you must witness the person signing the document.

 

What do I do if a signer objects due to religion?

A legal alternative to an oath is an affirmation. Ask the question: “Do you solemnly affirm under the penalties of perjury the information contained in this document is the truth?”

 

How do I take an acknowledgment?

Assuming the document is ready for notarization and the signer has been satisfactorily identified and is willing to sign the document, you take the signer’s acknowledgement by asking a simple question: “Do you acknowledge and declare this is your signature, you understand this document, and you willingly signed the document for the purposes stated herein?”

 

What is the venue?

"State of ______, County of ______"

This notation is called the venue. It is the location of the notarization - not the county where you live or work.

 

May I notarize the signature of a blind person?

Yes. But only if you first read the document to the person and you feel sure about the person’s understanding and willingness to sign.

 

May I notarize my own signature?

No. Notarizing your own signature violates the requirement for impartiality. Violation of this prohibition is a felony crime.

 

May I perform a notarization when I am a party?

No. If you are a party to the transaction or if you have a financial interest in the transaction, you may NOT be the notary for this transaction. You would not be impartial, and the transaction could be deemed unlawful or unenforceable.

 

May I assist a client with legal documents?

No, not unless you are an attorney licensed to practice law in Texas. Furthermore, you may not explain the contents of a document or give any advice about the document. If you do, you may be found guilty of the unauthorized practice of law.

 

May I help a friend fill out immigration papers?

No. Only attorneys or qualified immigration specialists may perform these duties.

 

Why should I keep a record book?

Record books are an inexpensive way to keep a record of every notarization you perform. There are several advantages, including:

--A record book can serve as a reminder of the steps of notarization.
--A record book may protect you against a claim of negligence or impropriety.
--A record book may help prove you notarized a document when there is a question about your signature or when the notarial certificate is destroyed or marred in some way.
--A record book can refresh your memory about a notarization you do not recall.
--A record book is reliable as evidence in court if you have to testify about a notarization.
--A record book not only protects you, but may also protect your customer and your employer.

 

When can I expect to receive my purchase?

Generally, you can expect your purchase to arrive within 5 to 7 business days after we receive notification of your appointment. However, please allow up to 12 business days for any carrier delays.

 

How do I pay for my order?

At the moment, we accept Visa, MasterCard, American Express and Discover credit cards. We also accept check and money orders by mail.

 

May I cancel or change my order?

Please contact customer service if you are not happy with your order. Once we know what the problem is, we will let you know how we can help.

 

Will you share my contact information with others?

Absolutely not. For more information, please read our Privacy Policy.

 

How do I file a claim against a notary's bond?

A bond is required by the State to be available in order to compensate any individual harmed as a result of a breach of duty by the notary. Individuals harmed can file a claim against the notaries bond for financial damage.

Claims may occur due to signatures which are forged, incomplete or otherwise defective in real estate transactions, motor vehicle transfers and cases where the validity or date of a document may be an issue.

In order to file a claim against a notary bonded through our company you will need to submit the following:

Copy of improperly notarized document
Proof of error or fraud by notary
Letter stating amount of financial damage or loss caused by the notarization
Please send the above information to:

Claims Department
Notary Public Underwriters
P.O. Box 7457
Tallahassee, FL 32314-7457

Or fax to:
888-979-7063
Attn: Claims Department

For all questions regarding the status of your filed claim, please contact CNA Surety at 800.331.6053.

 

Who do I contact to check on the status of a claim?

For all questions regarding the status of your filed claim, please contact CNA Surety at 800.331.6053.

The Office of Notary Public

The Office of Notary Public FAQs 

The following are questions commonly asked by notaries regarding the office of notary public. If you don't find an answer to your question, feel free to contact us.

 

What is the purpose of a Texas notary public?

Are Texas notaries licensed like other professionals?

How do I become a Texas notary public?

How do I renew my Texas notary commission?

If I move, can I transfer my Texas notary commission?

I obtained my Texas notary commission through my job, do I need to notify the Secretary of State’s office if I leave my current employer?

How do I contact the Texas Secretary of State?

I've submitted my Texas notary application. Am I a Texas notary now?

Where may I notarize as a Texas Notary Public?

How long is the term of office for a Texas notary public?

What are the qualifications to become a Texas notary?

Where can I find the rules and regulations for mobile notaries?

What is the difference between a traditional Texas notary and an online Texas notary? 

  

 

What is the purpose of a Texas notary public?

A Texas notary public is a person of integrity who is appointed to act as an impartial witness to the signing of an important transaction and to perform a notarial act, which validates the transaction. A Texas notary’s primary purpose is to prevent fraud and forgery by requiring the personal presence of the signer and satisfactorily identifying the signer.

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Are Texas notaries licensed like other professionals? 

No. Notaries are public officers and are commissioned by the Office of the Secretary of State but signed off by the Governor.

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How do I become a Texas notary public?

You will need to complete the state required Texas notary application, purchase the required notary bond and Texas notary seal. Click 'Become a Notary' to start your Texas notary application today.

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How do I renew my Texas notary commission? 

You will need to complete the state required Texas notary application, and purchase the required notary bond and Texas notary seal. The State of Texas does require you to complete the application in full and purchase a new bond every 4 years, even though you are a renewal. Click 'Renew your Commission' to start your Texas notary application today.

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If I move, can I transfer my Texas notary commission?

You cannot transfer your Texas notary public commission to another state. Notary commissions are specific to individual states, and notary laws can vary widely between states. If you are moving out of state, you must resign your Texas notary commission and re-apply in your new state.

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I obtained my Texas notary commission through my job, do I need to notify the Secretary of State’s office if I leave my current employer? 

Yes, you do. According to Texas law, you must provide notification of any changes to your business address or business phone number, as well as your home address or home phone, within 10 days of the change. You will find the appropriate form here. It should be submitted to us at This email address is being protected from spambots. You need JavaScript enabled to view it..  Or you may mail it to; Notary Public Underwriters, Inc., P.O. Box 7457,  Tallahassee, FL 32314. We will forward your changes to the Secretary of State’s office for you.

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How do I contact the Texas Secretary of State? 

You can reach the Texas Secretary of State by telephone at 512.463.5705 or visit their website at sos.tx.us.

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I've submitted my Texas notary application. Am I a Texas notary now?

No. Only the Texas Secretary of State's office can make you an official Texas notary public. As your notary bonding agency, we handle your Texas notary application and manufacture your notary supplies once you are commissioned by the Texas Secretary of State's office.

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Where may I notarize as a Texas Notary Public?

You may perform official acts anywhere within the state of Texas. However, you have no authority to act outside the state.

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How long is the term of office for a Texas notary public?

The term of office for a Texas notary public is 4 years.

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What are the qualifications to become a Texas notary? 

—You must be at least 18 years of age or older.
— You must be a legal resident of the State of Texas.
— You must disclose a finding of guilt for any crime (other than a class C Misdemeanor) from any jurisdiction regardless if the case has been appealed. (A criminal conviction is NOT an automatic denial of notary commission.)
— If you are a non-resident living in an adjoining state and have qualified as a Texas escrow agent, you are eligible for appointment as a Texas notary.
— For more information about the qualifications, the application process or the costs, please review the Become a Notary page.

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Where can I find the rules and regulations for mobile notaries? 

The laws for Texas notaries are the same even if they travel. If you plan to charge miscellaneous expenses associated with providing notarial services, such as time or travel, you should inform your customers prior to the transaction. These fees should be billed separately from the fees for notarial services. Detail the extra fees in an effort to avoid any misunderstandings or complaints of excessive fees.If you need a handbook to review and understand Texas notary law, we offer a Texas Notary Handbook.

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What is the difference between a traditional Texas notary and an online Texas notary? 

An online Texas notary public is a public servant who is commissioned as a traditional Texas notary public, and who is also commissioned and authorized to perform online notarizations by using two-way video and audio conference technology in accordance with Subchapter C, Chapter 406 of the Texas Government Code.  Online notaries public must meet the same requirements and qualifications as a “traditional” Texas notary public under Subchapter A of Chapter 406 of the Government Code. In order to become an online notary public, an eligible individual must apply electronically to the Texas Secretary of State through the online electronic commissioning system and pay a $50 application fee. The online electronic commissioning system is available on the Texas Secretary of State’s website. A Texas online notary commission is effective as of the date of qualification and will expire on the same date as the applicant’s corresponding traditional Texas notary public commission. In order for a Texas notary public to perform an online notarization, the notary must be physically located within the boundaries of Texas at the time of notarization. However, the signing party (or principal) may be located anywhere.


Pursuant to Tex. Gov't Code §406.109(c), an online Texas notary public may use the online notary public’s electronic signature only for performing online notarizations. If you are performing a notarization for a paper document (face-to-face with a signer who is physically present before you), you would sign the notarial certificate in the traditional manner.

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TX FAQs

Frequently Asked Questions

Our FAQs cover a large range of topics asked by Texas notaries public. For your convenience, we divided the FAQs into several categories. If you can't find the answer to your question, feel free to contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.

 

•  The Office of Notary Public
  Notary Education
•  Notary Insurance
•  Notary Application Process
•  Notary Public Bond and Seal
•  Change of Name or Address
•  Notary Acts
•  Notary Claims and Complaints 
•  Shipping
•  Billing and Payment
•  Technical Assistance
•  Security Information

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