Texas Frequently Asked Questions
Our FAQs cover a large range of topics asked by our Texas customers. If you can't find the answer to your question, please contact our Customer Care Team.
What is a notary?
A notary public is a public official appointed by the state to serve the public as an impartial witness in performing various official fraud-deterrent acts related to the signing of important documents. In Texas, notaries are appointed and commissioned by the Secretary of State.
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 amount of bond is required in Texas?
The law requires the notary bond to be in the amount of $10,000.
Do I have any liability as a notary, and can how I limit it?
Yes, as a notary, you are liable for performing your duties accurately. Mistakes can lead to significant consequences, such as someone losing their property or a multimillion-dollar transaction being voided. If this happens, a court might hold you responsible for the loss and issue a judgment against you. Most bond companies require reimbursement if they pay a claim on your behalf, and you would be liable for any amount not covered by your bond.
To limit your liability:
- Know and follow Texas' notary laws.
- Take responsibility for your own notary education.
- Stay informed about changes in the law.
- Never make exceptions for anyone.
- Use reasonable care and common sense in performing your duties.
- Carry errors and omissions insurance.
- Keep a record book.
I'm already a notary, how can I obtain an E&O policy?
Even though you didn't get E&O insurance when you became a notary or renew your commission, you can still get coverage now. We offer prorated E&O policies, which means you can pay for the remaining time you have left on your commission. Just head over to the 'Insurance' tab to browse options and find the policy that best suits your needs.
Here's an example: Let's say you renewed your commission today without E&O insurance. A year later, you decide you would be more comfortable with insurance and want a $25,000 policy. In this case, you would be purchasing a policy for the remaining three years of your commission. Thus, the policy would be prorated.
Note: A renewing notary is not eligible for a prorated policy at the time of their renewal, simply because they are purchasing a full E&O policy to cover them for their entire four-year term.
Am I required to keep a record of my notarial acts (record book)?
Yes. According to Tex. Gov't Code Ann. § 406.014, all notaries in Texas must maintain a record book. This is required regardless of whether any fees are charged for notary services.
Can I get a copy of a notary's record book?
Yes. The entries in a notary’s record book are public information, and a notary is required to provide a certified copy of the record book to any person who requests, and pays the fees for, the copies. Although not required, the Secretary of State suggests that you make all requests in writing by sending a certified letter to the notary’s official address on file with their Office. Making your request in this manner provides evidence of the request. Should a notary fail to respond or provide copies, you may file a complaint with the Secretary of State's Office and include the evidence of the request as supporting documentation.
How long should I keep my record book?
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.
What are the requirements to become a notary in Texas?
To become a notary in Texas, you must be at least 18 years old, a resident of Texas, and free of any final convictions for crimes involving moral turpitude or felonies.
Texas escrow agents who are residents of an adjoining state are eligible to become a Texas notary without meeting the residency requirement.
What disqualifies you from becoming a notary in Texas?
If you have received a final conviction for a crime involving moral turpitude or a felony, you are not eligible to become a notary in Texas.
Can a non-resident become a notary in Texas?
Yes, if they are a Texas escrow agent.
How do I obtain a notary bond in Texas?
Visit our website and select either 'Become a Notary' or 'Renew Your Notary.' Select one of our notary packages, enter your information, and customize your package. Upon checkout, you will receive the notary forms and instructions for completing the process. Just print, sign, and send your completed notary forms to Notary Public Underwriters Agency of Texas and we'll take care of the rest!
How long does a notary commission last in Texas?
4 years.
How do I pay for my order?
We accept Visa, MasterCard, American Express, and Discover credit cards. We also accept check and money orders by mail.
When can I expect to receive my order?
Generally, your order will arrive within 5 to 7 business days after we receive confirmation of your appointment. However, please allow up to 12 business days to account for any potential carrier delays.
What should I do if my order has not shown up on time?
Please contact Notary Public Underwriters.
May I cancel or change my order?
This will depend on how far along your order is in the process. Orders are processed as quickly as possible; therefore, once your order has been marked as "shipped" on your account page, it is too late to modify or cancel the order. If you think you have made a mistake with your order, please contact customer service. We will see if there is something we can do to help.
Can I get a refund?
Please contact our Customer Care Team if you are not happy with your order. Once we know what the problem is, we will let you know how we can help.
Do I need to return my Notary Public Commission to the Secretary of State's Office once it has been signed and notarized?
No. You are responsible for keeping it on file and having it available to show when performing notarial services.
Do I need a notary seal in Texas?
Yes. The law allows the use of either a rubber stamp or an embosser as your notary seal. The seal must clearly show, when embossed, stamped, or printed on the document, the words "Notary Public, State of Texas" around a star of five points, the notary's name, the date the commission expires, and the notary ID number.
Notary Public Underwriters offers either seal in several styles, all of which comply with Texas law.
Where can I find my Commission Number?
This information can be found on your commission certificate. Alternately, visit the Secretary of State's Notary Search and enter your name, zip code, and county. Your information should populate.
What should I do if my notary seal or record book is lost or stolen?
If your notary seal or record book is misplaced or lost, send a letter to the Secretary of State's Office explaining the circumstances, the last time you used the materials, and any other relevant details. If any of your notary materials have been stolen, file a report with your local law enforcement and include a copy of the report with your letter to the Secretary of State's Office.
The mailing address for submitting your letter is: Secretary of State, Notary Public Unit, P.O. Box 13375, Austin, TX 78711-3375. Alternatively, you may email it to: This email address is being protected from spambots. You need JavaScript enabled to view it..
Remember, you will need to obtain a new notary seal and/or record book as they are both required to properly carry out your duties.
May I change my name from the name shown on my Notary Public Commission?
Yes, a notary public can change the name on their commission by submitting a name change application (Form 2305) to the Secretary of State, along with their certificate of commission, a rider or endorsement from the insurance agency or surety reflecting the name change, and a $20 filing fee. If you are bonded through Notary Public Underwriters Agency of Texas, please contact us so we can provide you with information on obtaining the rider.
I notify the state of a change to my address?
Yes. You must notify the Secretary of State of any address change within ten (10) days of the change. You can complete the Notary Public Change of Address form or send a letter with your name, social security number, old address, and new address to: Secretary of State, Notary Public Unit, P.O. Box 13375, Austin, TX 78711-3375. You may also file your change of address online. Failure to update your address may result in the revocation of your commission if you do not respond to a complaint or request for information.
My employer paid for my notary commission. Do I have to give it back when I stop working there?
No. The employer is not the owner of a notary's record book, seal, or commission, even if they paid for your commission. If your employer retains your record book, seal, or commission certificate when you leave your job, provide them with a copy of Texas Attorney General Opinion GA-0723. If they still refuse to let you take your items, make copies of the record book pages so that you can produce them upon request. You should also obtain a new seal and start a new record book for future notarizations. If your employer will not release your commission certificate, you may contact the Secretary of State's Office for a duplicate copy.
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.
What notarial acts am I authorized to perform?
Under Texas law, notaries are allowed to:
- Take acknowledgments and proofs of written instruments
- Administer oaths and affirmations
- Certify copies of documents not recordable in the public records
- Take depositions
- Note protests
What is the venue?
“State of Texas, 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 my own signature?
No. Notarizing your own signature violates the requirement for impartiality
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.
Can I perform a notarization for a family member?
There is no explicit prohibition against notarizing your spouse's or relatives' signatures. However, it is best practice not to notarize for any family members as you would compromise your role as an impartial witness and may jeopardize the validity of an important transaction.
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.
May I choose a notarial certificate to go on a document?
No, you do not have the legal rights to do so. If done, this could be considered an unauthorized practice of law.
May I help a friend draft a legal document?
No. Only attorneys may prepare legal documents.
Can I notarize a photograph?
No. This is not an authorized duty of a notary. An alternative would be to notarize a statement about the photograph.
What happens if a notarization has cost me money?
You may file a claim against the notary's bond.
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 notary's 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 the improperly notarized document
- Proof of error or fraud by notary
- Letter stating the 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.
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