Texas Frequently Asked Questions
The following are the most commonly asked questions from our Texas customers. If your question is not listed, feel free to contact us for an answer.
What is the purpose of a notary public?
A notary public is a person of integrity who is appointed to act as an unbiased 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 a bond in the amount of $10,000. To purchase the required bond, please click here.
Do I have any liability as a notary?
Yes. The public relies on notaries to carry out their duties properly. An error on a notarization could result in someone losing their property or a multi-million dollar transaction being nullified. Consequently, a court may hold you responsible for the loss and enter a judgment against you. Most bond companies require reimbursement if they settle a claim against you. Moreover, you would be accountable for any amount not covered by your bond.
How do I limit my liability?
Know and follow Texas’ notary laws, take responsibility for your own notary education, keep informed about law changes, never make an exception for anyone, use reasonable care and common sense in performing your duties, carry errors & omissions Insurance, and keep a record book.
I'm already a notary, how can I obtain an E&O policy?
Even if you didn't get Errors & Omissions (E&O) insurance when you became a notary or renewed your commission, you can still get coverage now. We offer prorated E&O policies, allowing you to pay only for the remaining time 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. Your policy would be prorated to reflect that. Important Note: A renewing notary is not eligible for a prorated policy at the time of their renewal because they are purchasing a full E&O policy to cover the entire four-year term.
Am I required to keep a record of my notarial acts?
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. The record book must include the following details of each notarial act performed:
- The date of the document.
- The date of the notarization.
- The name and address of the signer(s) and/or witnesses.
- The method used to identify the signer(s) and/or witnesses whose signatures are being notarized; if identifying a signer by a credible witness, you must record the credible witness's name and address as the identification method.
- A brief description of the document.
If land is being conveyed or transferred, the record must also include the name and mailing address of the original grantee, as well as the county where the land is located.
While it is not required to record the signatures of the signers and/or witnesses in the record book, it is highly recommended.
A notary cannot record any identifying numbers from the signer's identification card, driver's license, or passport in their record book. However, a notary is permitted to record numbers related to the addresses of the document's signers.
Do I have to provide copies of my record book to a customer?
Yes. If you are a Texas notary public, you are required by law to provide certified copies of your notary record book entries upon request, provided the requester pays the necessary fees. All notary record book entries are public records under Tex. Gov't Code Ann. §406.014.
To protect yourself, it’s recommended to ask requesters to submit their request in writing and send it by certified mail. This way, you have proof of the request and can respond appropriately.
If you fail to provide the copies or do not respond, the requester has the right to file a complaint with the Texas Secretary of State, using the written request as evidence.
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.
While Texas law sets these minimum requirements, the best practice would be to keep copies of the records permanently If a notary decides not to keep the records after the required retention period, they must turn in their records to their local county clerk's office.
Is there an age requirement to become a notary?
Yes. You must be at least 18 years of age. For information on additional requirements to become a Texas notary public, please click here.
Can a non-resident be a notary in Texas?
Non-residents from bordering states may obtain a Texas notary commission if they are licensed Texas escrow agents.
May I be an Arkansas notary if I have a criminal record?
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.
What disqualifies you from becoming a notary in Texas?
You cannot become an Arkansas notary if you have been convicted of a felony.
What are the qualifications to become a notary in Texas?
• Be at least 18 years old
• Be a legal resident of Texas
- Texas escrow agents living in an adjoining state are eligible to become Texas notaries without meeting the residency requirement
• Have not been convicted of a felony or a crime involving moral turpitude
For more information about the qualifications, the application process, or the costs, please review the Become a Notary page.
How do I obtain a notary bond in Texas?
Visit our website and select either Become a Notary or Renew Commission. Select one of our notary packages, enter your information, and customize your package. Upon checkout, you will receive a confirmation page and may download the information provided on that page for your reference.
Once we receive your order, we will review the information and electronically transmit your notary application and bond details to the Secretary of State’s Notary Unit for processing.
What happens after the bond is submitted to the Texas Secretary of State?
After the Secretary of State’s Notary Unit accepts your notary application and bond, you will receive an email with a link to create an account on their website. Once your account is set up, you must electronically sign your notary application, review all your information, and upload any required documentation to complete the eligibility review process.
You must finish this step within 90 days of your application’s acceptance. If you fail to complete it within that timeframe, your application may be delayed or you may be required to start the notary application process again.
How long does a notary commission last in Texas?
4 years.
How long before my expiration date should I renew?
The Secretary of State will accept applications for renewal approximately 4 months before your expiration date. Renewing early does not shorten your current term. Be sure to allow plenty of time to complete all the forms to ensure you do not have a break between commissions. Please see the Renew Your Commission page for more information.
Do I have to get a new stamp when I renew?
Yes. Texas notary laws require notary seals to include the notary's expiration date. Since the expiration date will change when you renew, you must obtain a new seal that reflects the new expiration date.
How do I pay for my order?
Notary Public Underwriters Agency of Texas accepts 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?
You can usually expect your order to arrive within 5 to 7 business days after your order ships. However, please allow up to 12 business days for any potential carrier delays.
What do I do if my order has not shown up on time?
Please contact Notary Public Underwriters Agency of Texas.
May I cancel or modify 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.
Do I need to return my notary public commission certificate 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 Agency of Texas 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, state, and zip code. Your information should populate.
If I use a rubber stamp, what color ink do I use?
The law specifies that the notary seal must be in black or blue ink and capable of photographic reproduction. Black is the best color to ensure legibility when photocopying. Notary Public Underwriters uses black ink on all inked notary stamps.
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. If you are bonded through Notary Public Underwriters Agency of Texas, please contact us so we can provide you with information on obtaining a bond rider, new notary stamp, and instructions for filing the amended commission with the state directly.
Do 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 referring to 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 are the steps for performing a notarization?
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
Where may I notarize?
You may perform official acts anywhere within the state of Texas. However, you have no authority to act outside the state.
May I charge a fee for my notary services?
Texas notaries are not required to charge for their services. If a notary does charge, the amount can not exceed the maximum allowable fee under Texas Government Code §406.024. Excessive fees are grounds for disciplinary action.
Are notary fees taxable as income?
Yes. A good way to keep up with your notary fees is to record the amount charged for each notarization in your record book. You will want to consult your tax adviser for specific information about reporting notary fees as income. Be sure to review the section on record keeping and order your record book from Notary Public Underwriters.
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 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 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.
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 notarize my own signature?
No. Notarizing your own signature violates the requirement for impartiality.
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 advertise in a language other than English?
Yes, but you must include notice containing the following statement with the advertisement:
"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
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. Use of the phrase "notario publico" is prohibited.
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 Agency of Texas
P.O. Box 7457
Tallahassee, FL 32314-7457
Or fax to:
877-856-1663
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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