Texas - U.S. Notary Reference

Last Update: January 9, 2024

Notary Jurisdiction

Statewide (GC 406.003).

Notary Term Length

Four years (GC 406.002).

Notary Bond

1. Notaries Public: $10,000 (GC 406.010[a]).

2. State Employees: Effective September 1, 2002, employees and officers of state agencies may be exempted from the Notary bond requirement if the State Office of Risk Management makes other arrangements to protect the public (GC 653.002 through 653.005 and 653.012).

Notary Seal

Required (GC 406.013).

Notary Journal

Required (GC 406.014).

Go to top.

Commissioning and Regulating Official

“The secretary of state may appoint a notary public at any time” (GC 406.001[a]).

“(a) The secretary of state shall adopt rules necessary for the administration and enforcement of this subchapter. The rules must be consistent with the provisions of this subchapter.
…
“(b) The secretary of state may employ an investigator to aid in the enforcement of this subchapter” (GC 406.023[a] and [c]).

Contact Information

1. Address: Office of Secretary of State
   Statutory Documents Section
   Notary Public Unit
   P.O. Box 13375
   Austin, TX 78711-3375

2. Phone: 512-463-5705

3. Website: http://www.sos.state.tx.us/statdoc/notary-public.shtml

Laws, Rules and Guidelines

1. Laws: Most Notary statutes are in the Texas Government Code (GC), Title 4, Chapter 406, “Notary Public; Commissioner of Deeds” and Texas Civil Practices and Remedies Code (CPRC), Title 6, Chapter 121, “Acknowledgments and Proofs of Written Instruments”;

2. Rules: Rules regulating Notaries are found in the Texas Administrative Code (TAC), Title 1, Part 4, Chapter 87, “Notary Public,” and Title 28, Part 4, Chapter 252, subchapter E, “Notaries Without Bond.”

3. Guidelines: Guidelines for Notaries may be found in the “information materials that accompany notary commissions,” (IMN) and “informational materials that accompany online notary public commissions” (IMON) available on the Secretary of State’s website.

Go to top.

The Texas Secretary of State appoints, commissions, regulates and maintains records on the state’s Notaries (GC 406.001, 406.012 and 406.023).

“All records concerning the appointment and qualification of the notary public shall be kept in the office of the secretary of state. The records are public information” (GC 406.012).

Commission Process

1. Qualifications: An applicant for a Texas Notary Public commission must (GC 406.004[a]):
   (a) Be a resident of the state of Texas;
   (b) Be at least 18 years old; and
   (c) Not have been convicted of a felony or crime of moral turpitude.

2. Disqualifying Offenses: “A person is not eligible to be a notary public if the person was convicted of a crime involving moral turpitude or a felony and the conviction has become final, has not been set aside, and no pardon or certificate of restoration of citizenship rights has been granted” (1 TAC 87.10[b]).
   “A crime involving moral turpitude includes the commission of a crime involving dishonesty, fraud, deceit, misrepresentation, deliberate violence, moral depravity, or that reflects adversely on the applicant’s honesty, trustworthiness, or fitness as a notary public, which may include, but not be limited to:
   “(1) Class A and B type misdemeanors which have not been set aside, or for which no pardon or certificate of restoration of citizenship rights have been granted; and
   “(2) felony convictions which have not been set aside, or for which no pardon or certificate of restoration of citizenship rights have been granted” (1 TAC 87.10[c]).
   “Class C type misdemeanor convictions shall not be considered in determining eligibility” (1 TAC 87.10[d]).

3. Course: Not required.

4. Educational Materials: As required by law (GC 406.008[b]), “Notary Public Educational Information” is made available for Notaries who have received commissions to study. “This information should be kept for reference throughout your four-(4) year term. Please read through this information at least once before you begin to perform your notarial duties” (IMN). A “Texas Notary Training” video is available through the Secretary of State’s website, as are pertinent PowerPoint presentations.

5. Exam: Not required.

6. Application: Applicants for a Notary commission must complete Form 2301, which is available on the Secretary of State’s website or may be requested in writing from the Notary Public Unit (1 TAC 87.2[e]). Out-of-state applicants who are escrow agents (see “Nonresident Escrow Agents” below) must use Form 2301-E, also available on the Secretary’s website. Applicants who are state employees must use Form 2301-NB (see “State Employees” below).
   In completing the application, applicants are required to obtain a $10,000 bond from a surety company authorized to do business in the state of Texas (GC 406.010[a]).
   The filing fee for an application is $21 (GC 406.007). Applicants who provide an email address on the application will have their “e-commission” returned to them by email, “resulting in faster receipt than if sent by mail. E-commissions also have a fresh new look” (website, “Notary Public”).
   Upon receipt of their commission from the Secretary of State and before performing any notarial acts, applicants must take the required oath of office before an officer authorized to administer oaths. This may be another Notary, but applicants may not administer their own oaths (GC 406.010[c], [d] and [e]).

7. Background Screening: All applicants are subject to random background investigations (website, “Forms”).

8. Nonresidents: The only nonresidents who are eligible for appointment as a Texas Notary are licensed Texas escrow officers residing in an adjacent state (i.e., Louisiana, Arkansas, Oklahoma, New Mexico) (Insurance Code 2652.051[c][1][B] and [d] and 1 TAC 87.10[a] and 87.12[a]).

   1. Nonresident Escrow Agents: “An applicant who is qualified as an escrow officer within the meaning assigned by §2652.051, Insurance Code, is not required to be a resident of Texas if the applicant is a resident of New Mexico, Oklahoma, Arkansas or Louisiana” (1 TAC 87.12[a]).
      Such individuals must apply using a special application form (see “Application,” above).
      “A notary public who removes his or her residence from Texas or no longer qualifies under the residency exceptions provided under §87.12 of this title (relating to Qualification by an Escrow Officer Residing in an Adjacent State) vacates the office of notary public and must surrender the notary commission to the secretary of state” (1 TAC 87.60[c]).

9. State Employees: Applicants who are state employees must complete Form 2301-NB “Application for Appointment as a Notary Public Without Bond” (1 TAC 87.20[b]) and the state agency employing the applicant must submit the completed application to the State Office of Risk Management (1 TAC 87.20[c]). Employees and officers of the state of Texas are not required to secure a Notary bond; instead, public protection for their acts is provided through the State Office of Risk Management (GC 406.010[f]; 28 TAC 252.501[a]).

10. Reappointment: A renewal application may be submitted no earlier than 90 days before the expiration of the Notary’s current commission. Renewing Notaries use the same form and procedures as first-time applicants (GC 406.011[a] and 1 TAC 87.15[a]).

11. Issuance of Commission: “(a) The secretary of state shall issue a traditional notary public commission to a qualified applicant. An applicant is qualified if:
    “(1) the applicant meets the eligibility requirements stated in §87.10 of this title (relating to Eligibility to Hold the Office of Notary Public);
    “(2) the applicant submits:
    “(A) a properly completed and executed application;
    “(B) the bond as provided in §406.010, Government Code, if required;
    “(C) the statement of officer required by article XVI, §1 Texas Constitution;
    “(D) payment to the secretary of state of fees required by §406.007, Government Code; and
    “(3) no good cause exists for rejecting the application.
    “(b) The secretary of state shall not commission an applicant if the applicant had a prior application rejected or a commission revoked due to a finding of ineligibility or good cause and the reason for ineligibility or grounds for good cause continues to exist.
    “(c) When all conditions for qualification have been met, the application shall be approved and filed. The secretary of state shall cause a commission to be issued and sent to each traditional notary public who has qualified. A commission is effective as of the date of qualification” (1 TAC 87.13).

Online Search

A searchable database of Texas Notaries is available on the Secretary of State’s website, allowing users to locate Notary services in their area or verify that a commission is current or expired. The search engine is activated by entering the name or ID number of a specific Notary, or a zip code or county. Searchers have the option of looking through records of past or present Notaries. Results provided include the Notary’s name, address, surety company, county and commission dates.

Jurisdiction

1. Notaries Public: “A notary public has statewide jurisdiction” (GC 406.003).

2. Federal Enclaves, Reservations: A Texas Notary does not appear to be authorized to notarize on a federal enclave or Indian reservation within the state (Tex. Atty. Gen. Op. JC-0390 [2001]). Some but not all military bases are federal enclaves.
   “Does a Texas notary public have jurisdiction on a U.S. military base or Indian reservation? “Maybe not. Texas notaries have statewide jurisdiction. Gov’t Code § 406.003. Accordingly, a Texas notary does not appear to be authorized to take an oath or acknowledgement, or perform any other notarial act, on a federal enclave or an Indian reservation. See Tex. Atty. Gen. Op. JC-0390 (2001) (finding that engineers practicing on a federal enclave are not required to be licensed in Texas). Some, but not all military bases are federal enclaves. To find out if a particular military base is a federal enclave, start your search by emailing us to find out if we have record of a deed of cession. If we do not have a deed of cession, it does not necessarily mean it does not exist. You should consult your private attorney to determine whether the property in question was ceded” (website, “Frequently Asked Questions for Notaries Public”).

Term Length

“The term of a notary public expires four years after the date the notary public qualifies” (GC 406.002).

Bond

“(a) Each person to be appointed a notary public shall, before entering the official duties of office, execute a bond in the amount of $10,000 with a solvent surety company authorized to do business in this state as a surety. The bond must be approved by the secretary of state, payable to the governor, and conditioned on the faithful performance of the duties of office. The secretary of state has the authority to accept an electronic filing of the notary public bond if an agreement has been made with the surety company.
“(b) The notary bond shall be deposited in the office of the secretary of state, is not void on first recovery, and may be sued on in the name of the injured party from time to time until the whole amount of the bond is recovered” (GC 406.010[a] and [b]).

“Subsections (a) and (b) do not apply to a person whose services as a notary public are performed primarily as a state officer or employee” (GC 406.010[f]).

Online Notary Commission

1. Qualifications: “A person qualifies to be appointed as an online notary public by:
   “(1) satisfying the qualification requirements for appointment as a notary public under Subchapter A;
   “(2) paying the application fee described by [Government Code 406.105] (d); and
   “(3) electronically submitting to the secretary of state an application in the form prescribed by the secretary of state that satisfies the secretary of state that the applicant is qualified” (GC 406.105[b]).
   “In addition to the eligibility requirements in §87.10 of this title (relating to Eligibility to Hold the Office of Notary Public), an applicant must hold a commission as a traditional notary public before being eligible for appointment as an online notary public” (1 TAC 87.11).

2. Application and Fee: “The application required by [Government Code 406.105] (b) must include:
   “(1) the applicant’s name to be used in acting as a notary public;
   “(2) a certification that the applicant will comply with the secretary of state’s standards developed under Section 406.104; and
   “(3) an e-mail address of the applicant” (GC 406.105[c]).
   “The secretary of state may charge a fee for an application submitted under this section in an amount necessary to administer this subchapter” (GC 406.105[d]).

3. Process: “(a) An individual applying for an online notary public commission shall use the electronic submission platform developed by the secretary of state.
   “(b) The application shall include:
   “(1) the applicant’s name to be used in acting as an online notary public, which shall match the name on the applicant’s traditional notary public commission;
   “(2) the applicant’s email address;
   “(3) the applicant’s digital certificate;
   “(4) a copy of applicant’s electronic seal in an acceptable file format;
   “(5) the applicant’s notary public identification number, as assigned by the secretary of state;
   “(6) an executed statement of officer, as required by article XVI, §1 of the Texas Constitution; and
   “(7) a statement certifying that the applicant:
   “(A) will comply with the standards set forth in this chapter relating to identity proofing and credential analysis;
   “(B) will use a third party provider who has provided the notary with evidence of its ability to provide an electronic technology standard that utilizes Public Key Infrastructure (PKI) technology from a PKI service provider that is X.509 compliant when attaching or logically associating the notary’s electronic seal and digital certificate to an electronic document;
   “(C) will, upon request by the secretary of state, promptly provide any necessary instructions or techniques supplied by a vendor that allow the online notary public’s digital certificate and seal to be read and authenticated; and
   “(D) is at least 18 years of age, a resident of the State of Texas, and has not been convicted of a felony or a crime involving moral turpitude” (1 TAC 87.4).

4. Bond: A separate bond is not required for an online Notary Public commission (IMON).

5. Issuance of Online Commission: “(a) The secretary of state shall issue an online notary public commission to a qualified applicant. An applicant is qualified if:
   “(1) the applicant meets the eligibility requirements stated in §87.11 of this title (relating to Eligibility to be Commissioned as an Online Notary Public);
   “(2) the applicant submits:
   “(A) a properly completed and executed application;
   “(B) the statement of officer required by article XVI, §1 Texas Constitution;
   “(C) payment to the secretary of state the application fee of $50; and
   “(3) no good cause exists for rejecting the application.
   “(b) The secretary of state shall not commission an applicant if the applicant had a prior application rejected or a commission revoked due to a finding of ineligibility or good cause and the reason for ineligibility or grounds for good cause continues to exist.
   “(c) When all conditions for qualification have been met, the application shall be approved and filed. The secretary of state shall cause a commission to be issued and sent to each online notary public who has qualified. A commission is effective as of the date of qualification and shall expire on the same date as applicant’s corresponding traditional notary public commission” (1 TAC 87.14).

6. Term Length: An online Notary Public is commissioned to a four-year term (1 TAC 87.61[a]).
   “An online commission is effective as of the date of qualification and will expire on the same date as the applicant’s corresponding traditional notary public commission” (IMON).
   “How long is the term of an online notary? – An online notary’s term runs concurrently with the term of that notary’s traditional commission” (IMON).

7. Renewal of Online Notary Commission: “A notary public seeking to renew either a traditional commission or both a traditional and online commission shall file an application for renewal in the same manner and on the same form as if filing an original application for commission. The secretary of state will accept applications for renewal not sooner than 90 days before the expiration of the notary public’s current commission. The renewal must be received by the secretary of state no later than the expiration date of the notary public’s current commission” (1 TAC 87.15).

8. Termination of Online Notary Commission: “(a) Except as provided by Subsection (b), an online notary public whose commission terminates shall destroy the coding, disk, certificate, card, software, or password that enables electronic affixation of the online notary public’s official electronic signature or seal. The online notary public shall certify compliance with this subsection to the secretary of state.
   “(b) A former online notary public whose commission terminated for a reason other than revocation or a denial of renewal is not required to destroy the items described by Subsection (a) if the former online notary public is recommissioned as an online notary public with the same electronic signature and seal within three months after the former online notary public’s former commission terminated” (GC 406.112).

Changes of Status

1. Address Change: “A notary public must notify the secretary of state in writing of a change in address within 10 days of the change. To notify the secretary of state of a change of address, the notary public should complete and submit Form 2302 (Notary Public Change of Address Form). This form is available on the secretary of state web site” (1 TAC 87.60[a]).
   “The secretary of state sends all official notices, including notices of complaints and requests to respond to complaints, to the notary public at the address on file with the secretary’s office. Failure to change the address may, consequently, result in a revocation of the notary commission if, for example, the notary fails to timely respond to a complaint or to a request for public information” (1 TAC 87.60[b]).
   “A notary public who removes his or her residence from Texas or no longer qualifies under the residency exceptions provided under §87.12 of this title (relating to Qualification by an Escrow Officer Residing in an Adjacent State) vacates the office of notary public and must surrender the notary commission to the secretary of state” (1 TAC 87.60[c]; GC 406.020).
   “An ex officio notary public who moves permanently from the notary public’s precinct vacates the office” (GC 406.021).
   State agencies to which Notaries who are state employees without a bond transfer employment must notify the State Office of Risk Management when the employee transfers to the agency (1 TAC 87.21[a]). If a state employee Notary without a bond terminates employment with the state, within 30 days the person must surrender the Notary commission, purchase a bond for the remainder of the term or apply for a new commission (1 TAC 87.21[b]). Failure to take one of these three actions within 30 days of termination of state employment is good cause for revocation of the Notary’s commission.

2. Name Change: “(a) During the four-year term of office, a notary public may change the name on the notary commission by submitting the following to the secretary of state:
   “(1) an Application for Change of Name as a Texas Notary Public (Form 2305 available on the secretary of state web site);
   “(2) for traditional notaries public, a rider or endorsement to the bond on file with the secretary of state from the surety company or its agent or representative specifying the change of name;
   “(3) the current certificate of commission or a signed and notarized statement that the notary public will perform all future notarial acts under the name specified on the amended commission; and
   “(4) the statutory fee equal to the sum of the fee for the issuance of a commission and the fee for filing of a bond.
   “(b) An online notary public shall check the appropriate box on Form 2305 to update the name on both the traditional and online notary commission and shall pay the fee for issuance of two commissions and the bond” (1 TAC 87.61).
   “If the submission of the change of name complies with §87.61 of this title (relating to Qualification Under New Name), the secretary of state shall issue an amended commission to the notary public in the name requested. Upon issuance of the amended commission, the notary public must perform all notarial acts using the name on the amended commission” (1 TAC 87.62[a]).
   “Upon qualifying under a new name, a notary public must obtain a new seal that contains the name, as specified on the amended commission, under which the notary will perform all future notarial acts” (1 TAC 87.62[b]).
   “If the notary public who qualifies under a new name is commissioned as both a traditional and online notary, the notary shall obtain both a new traditional seal and new electronic seal and digital certificate that contains the name, as specified on the amended commission, under which the notary will perform all future notarial acts” (1 TAC 87.62[c]).

Go to top.

Authorized Acts

1. Notarial Acts: Texas Notaries have the same authority as a county clerk to perform the following notarial acts (GC 406.016[a]):

   1. Take acknowledgments and proofs;

   2. Administer oaths and affirmations;

   3. Take depositions as provided by Civil Practices and Remedies Code 20.001;

   4. Certify copies of documents not recordable in the public record;

   5. Protest negotiable instruments;

   6. Open and inventory safe deposit boxes (Finance Code [FC] 59.109[a-2]).

2. Remote Notarial Acts: Texas Notaries who have been granted an Online Notary commission may perform any of the notarial acts listed above remotely (GC 406.107).

Acknowledgments

1. Definition: An acknowledgment is “a formal declaration before an authorized official, such as a notary public, by someone who signs a document and confirms that the signature is authentic. Also, the certificate of the officer on such instrument indicating that the document has been so acknowledged” (IMN).
   “In an acknowledgment form ‘acknowledged’ means:
   “(1) in the case of a natural person, that the person personally appeared before the officer taking the acknowledgment and acknowledged executing the instrument for the purposes and consideration expressed in it;
   “(2) in the case of a person as principal by an attorney-in-fact for the principal, that the attorney-in-fact personally appeared before the officer taking the acknowledgment and that the attorney-in-fact acknowledged executing the instrument as the act of the principal for the purposes and consideration expressed in it;
   “(3) in the case of a partnership by a partner or partners acting for the partnership, that the partner or partners personally appeared before the officer taking the acknowledgment and acknowledged executing the instrument as the act of the partnership for the purposes and consideration expressed in it;
   “(4) in the case of a corporation by a corporate officer or agent, that the corporate officer or agent personally appeared before the officer taking the acknowledgment and that the corporate officer or agent acknowledged executing the instrument in the capacity stated, as the act of the corporation, for the purposes and consideration expressed in it; and
   “(5) in the case of a person acknowledging as a public officer, trustee, executor or administrator of an estate, guardian, or other representative, that the person personally appeared before the officer taking the acknowledgment and acknowledged executing the instrument by proper authority in the capacity stated and for the purposes and consideration expressed in it” (CPRC 121.006[b]).

2. Requirements: “To acknowledge a written instrument for recording, the grantor or person who executed the instrument must appear before an officer and must state that he executed the instrument for the purposes and consideration expressed in it” (CPRC 121.004[a]).

Proofs

1. Authority: “To prove a written instrument for recording, at least one of the witnesses who signed the instrument must personally appear before an officer who is authorized by this chapter to take acknowledgments or proofs and must swear:
   “(1) either that he saw the grantor or person who executed the instrument sign it or that that person acknowledged in the presence of the witness that he executed the instrument for the purposes and consideration expressed in it; and
   “(2) that he signed the instrument at the request of the grantor or person who executed the instrument” (CPRC 121.009[a]).

2. Requirements: “The officer may take the testimony of a witness only if the officer personally knows or has satisfactory evidence on the oath of a credible witness that the individual testifying is the person who signed the instrument as a witness. If evidence is used to identify the witness who signed the instrument, the officer must note the use of the evidence in the certificate of acknowledgment” (CPRC 121.009[c]).
   “In a proceeding to prove a written instrument, an officer authorized by this chapter to take an acknowledgment or a proof of a written instrument is also authorized to:
   “(1) administer oaths;
   “(2) employ and swear interpreters; and
   “(3) issue subpoenas” (CPRC 121.003; see also CPRC 121.013 for specific rules related to issuing and enforcing subpoenas).
   There are procedures for a proof by handwriting in cases where the signer or witnesses of a document are dead, out of the state, in an unknown location, incompetent or uncooperative (CPRC 121.011).

Oaths and Affirmations

1. Definition: An oath is “a solemn declaration, accompanied by a swearing to God or a revered person or thing, that one’s statement is true or that one will be bound to a promise. The person making the oath implicitly invites punishment if the statement is untrue or the promise is broken” (IMN).
   An affirmation is “the act of affirming the truth of a document, not an oath. ‘I solemnly affirm and declare the foregoing to be a true statement.…’ Note that an affidavit may appear in two forms: a sworn affidavit with oath, or an affirmed affidavit with affirmation. Each has the same legal import” (IMN).
   “‘Oath’ includes affirmation” (GC 311.005[1]).
   In administering an oath or affirmation, the term “verification” is often used to describe the administration of an oath or affirmation specifically in regard to the contents of a document or affidavit, and the term “jurat” is used to describe the written certification of such an oath or affirmation. The following definitions are offered in the “Information materials that accompany Notary commissions”:

2. Verification: “A formal declaration by which one swears to or affirms the truth of the statements in a document. Also, the statement of a Notary Public that the person appearing before the notary has been properly identified as being the person purported to be appearing” (IMN).
   The sample notarial certificates for a verification published by the Secretary of State in the IMN and IMON state the individual making the verification must swear or affirm to the truthfulness of the contents of the document (see “Certificate of Notary Act,” below). Unlike a jurat, however, the document requiring a signature is not required to be signed in the presence of the Notary. The individual must swear that they signed the document, but the individual may sign the document prior to meeting with the Notary. Thus, a verification combines elements of an acknowledgment and jurat. Like an acknowledgment, the document may be signed in advance of the meeting with the Notary. Like a jurat, the individual must swear or affirm that statements in a document are true.

3. Jurat: “A certification added to an affidavit or document stating when, where and before whom such affidavit was made” (IMN).

Depositions

1. Authority: “A notary public has the same authority as the county clerk to … take depositions as provided by Section 20.001, Civil Practice and Remedies Code” (GC 406.016[a][4]). Section 20.001 of the Civil Practice and Remedies Code provides that a deposition on written questions of a witness who is alleged to reside or to be in Texas, reside or to be outside Texas, but inside the United States, and to reside or to be outside the United States may be taken by a Texas Notary.

2. Requirements: “The deposition officer (‘notary public’) must: record the testimony of the witness under oath in response to the written questions and prepare, certify and deliver the deposition transcript in accordance with Rule 203 of the Texas Rules of Civil Procedure” (IMN).
   “The witness may change responses as reflected in the deposition transcript by indicating the desired changes, in writing, on a separate sheet of paper, together with a statement of the reasons for making the changes. No erasures or obliterations of any kind may be made to the original deposition transcript. The witness must then sign the transcript under oath and return it to the deposition officer. If the witness does not return the transcript to the deposition officer within 20 days of the date the transcript was provided to the witness or the witness's attorney, the witness may be deemed to have waived the right to make the changes” (Texas Rules of Civil Procedure Section 203.1[b]).
   “The deposition officer must file with the court, serve on all parties, and attach as part of the deposition transcript or nonstenographic recording of an oral deposition a certificate duly sworn by the officer stating:
   “(a) that the witness was duly sworn by the officer and that the transcript or nonstenographic recording of the oral deposition is a true record of the testimony given by the witness;
   “(b) that the deposition transcript, if any, was submitted to the witness or to the attorney for the witness for examination and signature, the date on which the transcript was submitted, whether the witness returned the transcript, and if so, the date on which it was returned.
   “(c) that changes, if any, made by the witness are attached to the deposition transcript;
   “(d) that the deposition officer delivered the deposition transcript or nonstenographic recording of an oral deposition in accordance with Rule 203.3;
   “(e) the amount of time used by each party at the deposition;
   “(f) the amount of the deposition officer's charges for preparing the original deposition transcript, which the clerk of the court must tax as costs; and
   “(g) that a copy of the certificate was served on all parties and the date of service” (Texas Rules of Civil Procedure Section 203.2).

Copy Certifications

1. Requirements: “May I make a certified copy of a birth certificate or a marriage license? – No. Birth certificates and marriage licenses are publicly 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” (website, “Frequently Asked Questions for Notaries Public”).

2. Certified Copies of Electronic Records: “A notary public or other officer who may take an acknowledgment or proof under Section 121.001, Civil Practice and Remedies Code, may declare that a paper or tangible copy of an electronic record is a true and correct copy of an electronic record by:
   “(1) executing and attaching an official seal to a tangible paper declaration under penalty of perjury; and
   “(2) affixing or attaching the declaration to the printed paper or tangible copy of an electronic record” (Property Code Section 12.0013[d]).
   “A county clerk shall record a paper or tangible copy of an electronic record that is otherwise eligible under state law to be recorded in the real property records if the paper or tangible copy of the electronic record:
   “(1) contains an image of an electronic signature or signatures that are acknowledged, sworn to with a jurat, or proved according to law; and
   “(2) has been declared by a notary public or other officer who may take an acknowledgment or proof under Section 121.001, Civil Practice and Remedies Code, to be a true and correct copy of the electronic record as provided by [Property Code Section 12.0013] Subsection (d)” (Property Code Section 12.0013[b]).

Protests

1. Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made on information satisfactory to that person” (Business and Commerce Code [BCC] 3-505[b]).
   “[A protest is a] Notary Public’s written statement that, upon presentment for payment or acceptance, a negotiable instrument was neither paid nor accepted” (IMN).

2. Requirements: “The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (BCC 3-505[b]).

Safe Deposit Boxes

Texas is among several states that require a Notary Public to be present when a financial institution opens a safe deposit box due to unpaid rent or termination of the rental.

Requirements: “If the delinquent rent is not paid or, if the rental agreement is otherwise terminated, the contents are not retrieved before the date specified in the notice, the safe deposit company may open the box in the presence of two employees, at least one of whom is an officer or manager of the safe deposit company and at least one of whom is a notary public. The safe deposit company shall inventory the contents of the box in detail as provided by the comptroller’s reporting instructions and place the contents of the box in a sealed envelope or container bearing the name of the lessee” (FC 59.109[a-2]).

Go to top.

Personal Appearance

1. Definition: “Personal appearance or personally appear means:
   “(A) when performing a notarization other than an online notarization, the principal for whom the notarization is being performed physically appeared before the notary public at the time of the notarization in a manner permitting the notary public and the principal to see, hear, communicate and give identification credentials to each other; and
   “(B) for an online notarization, the principal for whom the notarization is being performed appears by an interactive two-way audio and video communication that meets the online notarization requirements as provided by Subchapter C, Chapter 406 of the Government Code and this chapter.” (1 TAC 87.1[6]).
   “The secretary of state may, for good cause, reject an application or suspend or revoke the commission of a notary public…. In this section, ‘good cause’ includes … performing any notarization when the person for whom the notarization is performed did not personally appear before the notary at the time the notarization is executed” (GC 406.009[a] and [d][5]; see also 1 TAC 87.31[14]).

2. Notarial Acts: “A traditional notary public shall not perform a notarization if the principal does not personally appear before the notary at the time of notarization in accordance with §87.1 of this title (relating to Definitions)” (1 TAC 87.40[a]).

3. Remote Notarial Acts: “An online notary public shall not perform an online notarization if the principal does not personally appear before the notary public at the time of notarization in accordance with §87.1 of this title (relating to Definitions)” (1 TAC 87.41[c]).

4. Phone Acknowledgment: “May I take an acknowledgement over the telephone? No. The person for whom a notarization is performed must personally appear before the notary public at the time the notarization is performed” (website, “Frequently Asked Questions for Notaries Public”).

Identification

1. Notarial Acts

   1. Requirement: “An officer may not take the acknowledgment of a written instrument unless the officer knows or has satisfactory evidence that the acknowledging person is the person who executed the instrument and is described in it. An officer may accept, as satisfactory evidence of the identity of an acknowledging person, only:
      “(1) the oath of a credible witness personally known to the officer;
      “(2) a current identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person” (CPRC 121.005[a]; see also EI).
      “The methods by which a traditional notary public identifies a principal are as follows:
      “(1) Traditional notary public personally knows the principal; or
      “(2) Principal is introduced by oath of credible witness who personally knows the principal and either is personally known to the traditional notary public or provides qualifying identification in accordance with paragraph (3) of this subsection; or
      “(3) Identification by a credential” (1 TAC 87.40[b]).
      “This section shall apply to a traditional notary public who performs notarizations on tangible or electronic records” (1 TAC 87.40[e]).
      “Credential means a valid, unexpired identification card or other document issued by the federal government or any state government, as defined by §311.05 of the Government Code, that contains the photograph and signature of the principal. With respect to a deed or other instrument relating to a residential real estate transaction, credential also includes a current passport issued by a foreign country” (1 TAC 87.1[1]).
      “Traditional Notary Public means an individual commissioned by the secretary of state under Subchapter A, Chapter 406 of the Government Code. A traditional notary public does not have the authority to perform an online notarization unless also commissioned as an online notary public” (1 TAC 87.1[9]). In addition, a notarial officer may accept, only “with respect to a deed or other instrument relating to a residential real estate transaction, a current passport issued by a foreign country” (CPRC 121.005[b][3]).

   2. Credible Witness: As cited above, the Civil Practice & Remedies Code requires a credible witness who proves the identity of an acknowledger on oath or affirmation to personally know the Notary in addition to personally knowing the acknowledger, while the provision from the Texas Administrative Code has no such limitation and can be applied to any credible witness who identifies a document signer for any notarial act requiring identification.

   3. Improper IDs: “Should a Notary Public Rely Only on a Credit Card in Determining the Identification of a Signer? – No. If the signer is not personally known by the Notary Public or identified by a credible witness, the Notary Public must use an identification card issued by a governmental agency or a passport issued by the United States to identify the signer” (IMN).

   4. Issue ID Cards: “A Notary Public may not … issue identification cards” (IMN).

   5. Good Cause: According to the Texas Administrative Code, “good cause” with reference to the Secretary of State rejecting an application for appointment, revoking the commission of a Notary, or taking other disciplinary action includes “a failure to properly identify the individual whose signature is being notarized” (1 TAC 87.31[18]).

2. Remote Notarial Acts

   1. Definitions

      1. “Credential means a valid, unexpired identification card or other document issued by the federal government or any state government, as defined by §311.05 of the Government Code, that contains the photograph and signature of the principal. With respect to a deed or other instrument relating to a residential real estate transaction, credential also includes a current passport issued by a foreign country (1 TAC 87.1[1]).

      2. “‘Credential analysis’ means a process or service operating according to criteria approved by the secretary of state through which a third person affirms the validity of a government-issued identification credential through review of public and proprietary data sources” (GC 406.101[1] and 1 TAC 87.1[2]).

      3. “Digital Certificate means a computer-based record or electronic file issued to a notary public or applicant for appointment as a notary public for the purpose of creating an official electronic signature. The digital certificate shall be kept in the exclusive control of the notary public” (1 TAC 87.1[3]).

      4. “‘Identity proofing’ means a process or service operating according to criteria approved by the secretary of state through which a third person affirms the identity of an individual through review of personal information from public and proprietary data sources” (GC 406.101[7] and 1 TAC 87.1[4]).

      5. “‘Remote presentation’ means transmission to the online notary public through communication technology of an image of a government-issued identification credential that is of sufficient quality to enable the online notary public to:
         “(A) identify the individual seeking the online notary public’s services; and
         “(B) perform credential analysis” (GC 406.101[12]).

   2. Requirement: “In performing an online notarization, an online notary public shall verify the identity of a person signing a document at the time of the online notarization by using two-way video and audio conference technology that meets the requirements of this subchapter and rules adopted under this subchapter. Identity shall be verified by:
      “(1) the online notary public’s personal knowledge of the person signing the document; or
      “(2) each of the following:
      “(A) remote presentation by the person signing a document of a government-issued identification credential, including a passport or driver’s license, that contains the signature and a photograph of the person;
      “(B) credential analysis of the credential described by Paragraph (A); and
      “(C) identity proofing of the person described by Paragraph (A)” (GC 406.110[b]).

   3. Identity Proofing: “Identity proofing is performed through dynamic knowledge based authentication which meets the following requirements:
      “(1) principal must answer a quiz consisting of a minimum of five questions related to the principal’s personal history or identity, formulated from public and proprietary data sources;
      “(2) each question must have a minimum of five possible answer choices;
      “(3) at least 80% of the questions must be answered correctly;
      “(4) all questions must be answered within two minutes;
      “(5) if the principal fails their first attempt, they may retake the quiz one time within 24 hours;
      “(6) during the retake, a minimum of 60% of the prior questions must be replaced; and
      “(7) if the principal fails their second attempt, they are not permitted to retry with the same online notary public for 24 hours” (1 TAC 87.70[b]).

   4. Credential Analysis: “Credential analysis is performed utilizing public and proprietary data sources to verify the credential presented by the principal” (1 TAC 87.70[c]).
      “(d) Credential analysis shall, at a minimum:
      “(1) use automated software processes to aid the online notary public in verifying the identity of a principal or any credible witness;
      “(2) ensure that the credential passes an authenticity test, consistent with sound commercial practices that:
      “(A) Use appropriate technologies to confirm the integrity of visual, physical or cryptographic security features;
      “(B) Use appropriate technologies to confirm that the credential is not fraudulent or inappropriately modified;
      “(C) Use information held or published by the issuing source or authoritative source(s), as available, to confirm the validity of personal details and credential details; and
      “(D) Provide output of the authenticity test to the notary public.
      “(3) Enable the online notary public to visually compare the following for consistency: the information and photo presented on the credential itself and the principal as viewed by the online notary public in real time through audio-visual transmission.
      “(e) If the principal must exit the workflow, the principal must meet the criteria outlined in this section and must restart the identity proofing and credential analysis from the beginning” (1 TAC 87.70[d]-[e]).

Refusal of Services

1. Notaries Public: “A notary is authorized to refuse to perform a notarial act if:
   “(1) the notary has reasonable grounds to believe that the signer is acting under coercion or undue influence;
   “(2) the notary has reasonable grounds to believe that the document in connection with which the notarial act is requested may be used for an unlawful or improper purpose;
   “(3) the notary has reasonable grounds to believe the signing party does not have the capacity to understand the contents of the document;
   “(4) the notary is not familiar with the type of notarization requested” (1 TAC 87.42[a]).

2. Discrimination: “A notary public may not refuse a request for notarial services on the basis of the sex, age, religion, race, ethnicity or national origin of the requesting party” (1 TAC 87.42[d]).

3. Carefulness: “A notary public should refuse a request for notarial services only after careful deliberation” (1 TAC 87.42[e]).

4. Government Employees: “The Texas Attorney General’s office issued a letter opinion in 1988 indicating that a notary public who is employed by a governmental body may refuse to take acknowledgments 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. Tex. Atty. Gen. Op. LO-88-34” (website, “Frequently Asked Questions for Notaries Public”).

“A notary public who is employed by a governmental body shall not perform notarial services that interfere with the notary’s discharge of the notary’s duties as a public employee” (1 TAC 87.42[b]).

Employer-Employee Relationship

“An employer may limit or prohibit an employee who is a notary public from notarizing during work hours” (1 TAC 87.42[c]).

Signature by Mark

“‘Signed’ includes any symbol executed or adopted by a person with present intention to authenticate a writing” (GC 311.005[6]).

“The individual signing the document may sign in whatever manner he/she chooses. The name or manner of signing by the signor is not the responsibility of the notary public. However, the notary public does have a responsibility to make sure that the information contained in the notarial certificate is accurate. For example, if John Doe appears before a notary public and signs the instrument with an ‘X’ the notary public should still state in the notarial certificate that John Doe personally appeared on a given date” (website, “Frequently Asked Questions for Notaries Public”).

Signature by Proxy

“(a) A notary may sign the name of an individual who is physically unable to sign or make a mark on a document presented for notarization if directed to do so by that individual, in the presence of a witness who has no legal or equitable interest in any real or personal property that is the subject of, or is affected by, the document being signed. The notary shall require identification of the witness in the same manner as from an acknowledging person under Section 121.005, Civil Practice and Remedies Code.
“(b) A notary who signs a document under this section shall write, beneath the signature, the following or a substantially similar sentence: ‘Signature affixed by notary in the presence of (name of witness), a disinterested witness, under Section 406.0165, Government Code.’
“(c) A signature made under this section is effective as the signature of the individual on whose behalf the signature was made for any purpose. A subsequent bona fide purchaser for value may rely on the signature of the notary as evidence of the individual’s consent to execution of the document.
“(d) In this section, ‘disability’ means a physical impairment that impedes the ability to sign or make a mark on a document” (GC 406.0165).

Disqualifying Interest

1. Personal: “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” (website, “Frequently Asked Questions for Notaries Public”).
   “A Notary Public may not… notarize the notary’s own signature” (IMN).
   According to the Texas Administrative Code, “good cause” with reference to the Secretary of State rejecting an application for appointment, revoking the commission of a Notary, or taking other disciplinary action includes “notarizing one’s own signature (1 TAC 87.31[26]).

2. Corporate: “(a) An employee of a corporation is not disqualified because of his employment from taking an acknowledgment or proof of a written instrument in which the corporation has an interest.
   “(b) An officer who is a shareholder in a corporation is not disqualified from taking an acknowledgment or proof of an instrument in which the corporation has an interest unless:
   “(1) the corporation has 1,000 or fewer shareholders; and
   “(2) the officer owns more than one-tenth of one percent of the issued and outstanding stock” (CPRC 121.002).
   “A notary public is not disqualified from taking an acknowledgment or proof of a written instrument as provided by Section 406.016, Government Code, solely because of the person’s ownership of stock or participation interest in or employment by a trust institution that is an interested party in the underlying transaction, including a state trust company or a trust institution organized under the laws of another state that lawfully maintains an office in this state” (FC 199.002).

3. Relatives: “There is no specific prohibition against notarizing a spouse’s or relative’s signature or notarizing for a spouse’s business” (website, “Frequently Asked Questions for Notaries Public”).

Unauthorized Practice of Law

1. Legal Advice and Fees for Legal Advice: “A notary public not licensed to practice law in this state may not give legal advice or accept fees for legal advice” (GC 406.016[d]).

2. Misrepresentation: “A person commits an offense if the person is a notary public and the person … states or implies that the person is an attorney licensed to practice law in this state” (GC 406.017[a][1]).

3. Solicitation of Fees for Representation: “A person commits an offense if the person is a notary public and the person … solicits or accepts compensation to prepare documents for or otherwise represent the interest of another in a judicial or administrative proceeding, including a proceeding relating to immigration to the United States, United States citizenship, or related matters” (GC 406.017[a][2]).

4. “Good Cause”: “Good cause may include the following … the unauthorized practice of law” (1 TAC 87.31[6]).

5. Selecting Notarial Certificate: “May a Notary Public Determine Which Type of Notarial Certificate Should be Attached to a Document? – No. A Notary Public who is not an attorney should only complete a notarial certificate which is already on the document or type a certificate of the maker's choosing. If a notary public is brought a document without a certificate and decides which certificate to attach, that notary public would be ‘practicing law.’ However, a notary public is provided copies of sample notarial certificates with his or her notary commission. A person for whom a notarization is performed may choose the notarial certificate, and the notary may add such certificate to the document” (IMN).

Advertisements

1. False Representation: A nonattorney Texas Notary may not state, imply or falsely represent that he or she is an attorney licensed to practice law in Texas (GC 406.017[a][1]; 1 TAC 87.31[4]).
   A nonattorney Texas Notary may not use “the translation into a foreign language of a title or other word, including “notary” and “notary public,” in reference to a person who is not an attorney in order to imply that the person is authorized to practice law in the United States (IMN).

2. Non-English Ads – Mandatory Notice: A nonattorney Texas Notary may not advertise notarial services in a foreign language without, in that language and in English, also stating the statutory fees allowed for notarial acts and the following statement in a conspicuous size: “I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE” (GC 406.017[a][5] and [b]).

3. Use of ‘Immigration Consultant’: A Texas Notary who is not an attorney may not advertise “in any manner that the notary public is an immigration specialist, immigration consultant, or any other title or description reflecting an expertise in immigration matters” (1 TAC 87.31[12]).

4. Deceptive Act or Practice: According to the Texas Business and Commerce Code, the following constitutes a false, misleading or deceptive act or practice: using the translation into a foreign language of a title or other word, including “attorney,” “immigration consultant,” “immigration expert,” “lawyer,” “licensed,” “notary,” and “notary public,” in any written or electronic material, including an advertisement, a business card, a letterhead, stationery, a website, or an online video, in reference to a person who is not an attorney in order to imply that the person is authorized to practice law in the United States (BCC 14.46[b][28]).

5. Use of ‘Notario’: A Texas Notary who is not an attorney may not use the term “Notario” or “Notario Publico” in any advertisement for or offering of notarial services (GC 406.017[a][4]; 1 TAC 87.31[3] and website, “Frequently Asked Questions for Notaries Public”).
   An article detailing the differences between the U.S. and the Latino notarial systems is available through the Secretary of State’s website: “Lost in Translation: Texas Notary Public v. Mexico Notario Publico” by Jonathan A. Pikoff and Charles J. Crimmins (website, “Notary Public”).

6. Certain Services Exempted: “A person does not violate this section by offering or providing language translation or typing services and accepting compensation” (GC 406.017[a-1]).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: Effective January 1, 2002, Texas adopted its own version of the Uniform Electronic Transactions Act (BCC Chapter 322), including the following provision on notarization, thereby recognizing the legal validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (BCC 322.011).

   2. Uniform Real Property Electronic Recording Act: Effective September 1, 2005, Texas adopted the Uniform Real Property Electronic Recording Act, including the following provision on notarization of electronic real property documents: “A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (Property Code [PC] 15.004[c]).

   3. Family Code, Title 5 Proceedings: “In a proceeding filed under Title 5, Family Code, if a signature is required to be notarized, acknowledged, verified, or made under oath, the requirement may be satisfied if the electronic signature of the person authorized to perform that act, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature required to be notarized, acknowledged, verified, or made under oath” (GC 406.026).

2. Technology Systems

   1. Approval of System Providers: Not required.

   2. List of System Providers: Not provided.

3. Authority: “Any Texas notary may perform an electronic notarization” (website, “Frequently Asked Questions for Notaries Public”).

4. Applicable Laws: “An electronic notarization must meet all of the requirements of any other notarization, such as the requirement that the signer personally appear before the notary to acknowledge the document. In addition, the notary’s electronic seal must reproduce the required elements of the notary seal” (website, “Frequently Asked Questions for Notaries Public”).

5. Seal Embossment Not Required: “The application of an embossed seal is not required on an electronically transmitted certificate of an acknowledgment” (CPRC 121.004[d]).

6. Seal Elements Required: In reference to GC 406.013(c), which requires that every notarized document be stamped or embossed with a photographically reproducible seal, “subsection (c) does not apply to an electronically transmitted authenticated document, except that an electronically transmitted authenticated document must legibly reproduce the required elements of the seal” (GC 406.013[d]).

7. E- vs. Online Notarial Acts: “Is an electronic notarization the same as an online notarization? – No. An electronic notarization is not the same as a remote or online notarization. In Texas, an electronic notarization (i.e., affixing an electronic or digital signature and seal to an electronic document) may be performed by a traditional notary. Although the signing of the document and notarization are performed electronically, both the notary public performing the notarization and the person signing the document must be physically present at the time of the notarization. Electronic notarization is authorized by the Uniform Electronic Transactions Act found in Chapter 322 of the Texas Business and Commerce Code” (IMON).

Remote Notarial Acts

1. Applicable Law

   1. Online Notary Public Act: Texas has enacted statutory provisions for online notarization in Subchapter C. of Chapter 406 of the Texas Government Code. These provisions are summarized below.

   2. Texas Administrative Code Title 1, Part 4, Chapter 87: The Texas Secretary of State has adopted rules to implement the state’s online notarial act statutes. These rules are summarized below.

2. Technology Systems

   1. Standards: “An online system used to perform online notarial acts by means of audio-video communication shall:
      “(1) provide for continuous, synchronous audio-visual feeds;
      “(2) provide sufficient video resolution and audio clarity to enable the online notary public and the principal to see and speak to each other simultaneously through live, real time transmission;
      “(3) provide sufficient captured image resolution for credential analysis to be performed in accordance with subchapter H of this chapter.
      “(4) include a means of authentication that reasonably ensures only the proper parties have access to the audio-video communication;
      “(5) provide some manner of ensuring that the electronic record that is presented for online notarization is the same record electronically signed by the principal;
      “(6) be capable of securely creating and storing or transmitting securely to be stored an electronic recording of the audio-video communication, keeping confidential the questions asked as part of any identity proofing quiz, and the means and methods used to generate the credential analysis output; and
      “(7) provide reasonable security measures to prevent unauthorized access to:
      “(A) the live transmission of the audio-video communication;
      “(B) a recording of the audio-video communication;
      “(C) the verification methods and credentials used to verify the identity of the principal; and
      “(D) the electronic documents presented for electronic notarization” (1 TAC 87.71).
      “Identity proofing … must be performed by a reputable third party who has provided evidence to the online notary public of the ability to satisfy the requirements of this chapter” (1 TAC 87.70[a]).
      “[C]redential analysis must be performed by a reputable third party who has provided evidence to the online notary public of the ability to satisfy the requirements of this chapter (1 TAC 87.70[a]).

   2. Approval of System Providers: Not required.

   3. List of System Providers: Not provided.

3. Authority: “An online notary public may perform an online notarization authorized under Section 406.107 that meets the requirements of this subchapter and rules adopted under this subchapter regardless of whether the principal is physically located in this state at the time of the online notarization” (GC 406.110[a]).
   “An online notarization may only be performed by a notary who is commissioned as an online notary public” (1 TAC 87.41[a]).

4. Location of Online Notary: “An online notary public shall not perform an online notarization if the online notary public is not physically in Texas at the time of the notarization” (1 TAC 87.41[b]).

5. Online Oaths and Affirmations: “An online notary public may administer an oath or affirmation to a principal as an online notarization if, except as otherwise provided by other law of this state, the online notary public:
   “(1) identifies the principal under Section 406.110(b);
   “(2) creates or causes the creation under Section 406.108 of a video and audio recording of the principal taking the oath or affirmation; and
   “(3) retains or causes the retention under Section 406.108 of the recording” (GC 406.1107).

6. Record of Online Electronic Notarial Acts: For the requirements related to keeping records of online electronic notarial acts, see “Records of Notarial Acts” below.

7. Refusal of Services: “In addition to those in §87.42 of this title (relating to Refusal of Requests for Notarial Services) in which a notary public is authorized to refuse a notarization, an online notary shall refuse to perform an online notarization if:
   “(1) The online notary public is unable to verify the identity of the principal using an acceptable means of identification in accordance with Subchapter H;
   “(2) The online notary public is unable to verify the security of the two way audio visual transmission;
   “(3) The signature of the principal cannot be attached to the electronic document; or
   “(4) The digital certificate or electronic seal of the online notary public cannot be attached to the electronic document in a manner that renders any subsequent change or modification to the document evident” (1 TAC 87.43).

8. Authorized Fees: For the authorized maximum fees Online Notaries may charge for an online notarial act, see “Fees for Notarial Acts,” below.

9. Security of Online Notarial Acts

   1. Access Information: “The online notary public shall not disclose any access information used to affix the notary’s digital certificate and seal except when requested by the secretary of state, law enforcement, the courts, and with reasonable precautions, electronic document preparation and transmission vendors” (1 TAC 87.41[i]).

   2. Audio-Video Communication: “The online notary public shall take reasonable steps to ensure that the two-way video and audio communication used in an online notarization is secure from unauthorized interception” (GC 406.110[c]).

   3. Wrongful Possession of System: “A person who, without authorization, knowingly obtains, conceals, damages, or destroys the certificate, disk, coding, card, program, software, or hardware enabling an online notary public to affix an official electronic signature or seal commits an offense” (GC 406.113).

10. Good Cause for Discipline: According to the Texas Administrative Code, “good cause” with reference to the Secretary of State rejecting an application for appointment, revoking the commission of a Notary, or taking other disciplinary action includes:
    …
    “(20) a failure to include in the notarial certificate for an online notarization a notation that the notarization is an online notarization;
    “(21) a failure to take reasonable steps to ensure that the two-way audio-visual communication used during an online notarization is secure from unauthorized interception;
    “(22) a failure to safely and securely maintain notary materials;
    …
    “(24) use of a digital certificate or electronic seal that has expired or is no longer valid;
    “(25) a failure to report a new digital certificate or electronic seal as required by §87.63 of this title (relating to Changes to Digital Certificate and Electronic Seal for Online Notary)” (1 TAC 87.31[20], [21] and [22], [24] and [25]).

Paper Remote Notarial Acts

1. Acknowledgments Only: Government Code 406.1103(b) describes the process of performing a paper online notarial act as satisfying “the requirement to take an acknowledgment of a signature on a tangible document.”

2. Confirmation of Document: “In performing an online notarization in which the principal signs with a tangible symbol and not an electronic signature, an online notary public shall reasonably confirm that a document before the online notary public is the same document in which the principal made a statement or on which the principal executed a signature” (GC 406.1103[a]).
   “An online notary public satisfies the requirement of Subsection (a) to take an acknowledgment of a signature on a tangible document if:
   “(1) during a video and audio recording described by Section 406.108(a)(6):
   “(A) the acknowledgment is displayed to and identified by the principal; and
   “(B) the principal signs the document and a declaration in substantially the following form that is a part of or securely attached to the document:
   'I declare under penalty of perjury that the document of which this declaration is a part or to which it is attached is the same document on which (name of online notary public), an online notary public, performed an online notarization and before whom I appeared by means of two-way video and audio conference technology on (date).
   ___________(Signature of principal)
   ___________(Printed name of principal)';
   “(2) the principal sends the document and declaration to the online notary public not later than the third day after the date the online notarization was performed; and
   “(3) the online notary public:
   “(A) in the video and audio recording under Subdivision (1), records the principal signing the document and declaration;
   “(B) receives the document and declaration sent by the principal under Subdivision (2) not later than the 10th day after the date the online notarization was performed; and
   “(C) after receipt of the document and declaration from the principal, executes a notarial certificate that includes a statement in substantially the following form:
   ‘I, (name of online notary public), witnessed, by means of video and audio conference technology, (name of principal) sign the attached document and declaration on (date).’ (GC 406.1103[b]).

3. Satisfaction of Law and Effective Date: An online notarization performed in compliance with Subsection (b) complies with any requirement regarding the execution of a notarial certificate and is effective on the date the principal signed the declaration under Subsection (b)(1)(B)” (GC 406.1103[c]).

4. Conclusive Evidence of Compliance: “A notarial certificate executed in the form described by [GC 406.1103] Subsection (b)(3)(C) may be relied on as conclusive evidence of compliance with Subsections (b)(2) and (b)(3)(B)” (GC 406.1103[d]).

5. Other Processes of Confirmation: “[GC 406.1103] Subsection (b) does not preclude use of another procedure to satisfy [GC 406.1103] Subsection (a) for an online notarization performed with respect to a tangible document” (GC 406.1103[e]).

Altering Documents

“May I Alter or Change the Instrument I Notarize? – To answer this question, a distinction must be made between the instrument and the acknowledgment. A Notary Public is not authorized to change, alter or draft any instrument. However, a Notary Public may correct the certificate of acknowledgment to reflect the proper facts” (IMN).

I-9 Forms

“Can I complete a Form I-9, Employment Eligibility Verification, on behalf of an employer? – Texas law does not authorize notaries public to certify an I-9 Form, and the Form itself does not contain a notarial certificate. Therefore, notaries should not notarize an I-9 Form. However, it is permissible for a notary public who is an employee of a business to assist that business in filling out the Form - as long as that work is not performed in the employee's capacity as a notary public, and as long as the employee does not place their notary seal on the document” (website, “Frequently Asked Questions for Notaries Public”).

Go to top.

Certificate Requirements

1. General: “The traditional notary public shall attach a notarial certificate to all written notarial acts that names the principal, the date of the notarization, the state and county in which the notarization is performed, and the type of notarial act performed. The notarial certificate shall be signed and include an impression of the notary’s seal” (1 TAC 87.40[c]).
   “[In taking an acknowledgment] [t]he officer shall:
   “(1) make a certificate of the acknowledgment;
   “(2) sign the certificate; and
   “(3) seal the certificate with the seal of office” (CPRC 121.004[b])

2. Recitation of Identification: “Except in a short form certificate of acknowledgment authorized by Section 121.008, the officer must note in the certificate of acknowledgment that:
   “(1) he personally knows the acknowledging person; or
   “(2) evidence of a witness or an identification card or other document was used to identify the acknowledging person” (CPRC 121.005[b]).

Certificate Forms

Upon issuing a notary commission, the Texas Secretary of State must supply the Notary with “sample forms for an acknowledgment, jurat, and verification and for the administering of an oath, protest, and deposition” (GC 406.008[b][3]). Forms found in the statutes and in the Secretary of State’s guidelines for traditional paper-based and online notarial acts appear below.

Sufficiency of Acknowledgment Certificate

“An acknowledgment form provided by this chapter may be altered as circumstances require. The authorization of a form does not prevent the use of other forms. The marital status or other status of the acknowledging persons may be shown after the person’s name” (CPRC 121.006[a]).

Electronic Notarial Certificate

“Electronic notarial certificate means the portion of a notarized electronic document that is completed by an online notary public and contains the following:
“(A) the online notary public’s electronic signature, electronic seal, title, and commission expiration date;
“(B) other required information concerning the date and place of the online notarization; and
“(C) the facts attested to or certified by the online notary public in the particular notarization” (GC 406.101[1]).

Online Notarial Certificate

“The notarial certificate for an online notarization must include a notation that the notarization is an online notarization and must indicate if the signature was a tangible symbol or an electronic signature” (GC 406.110[d]).

“For all notarial acts that require a notarial certificate, the online notary public shall attach an electronic notarial certificate that identifies the principal, the date of the notarization, the state and county in which the notarization was performed, that the notarial act was an online notarization, and language evidencing the type of the notarial act performed. The notarial certificate shall be signed by affixing the online notary public’s digital certificate and include an attachment of the online notary public’s electronic seal” (1 TAC 87.41[e]).

Completion of Certificate

A Texas Notary must “complete the notarial certificate at the time the notary public’s signature and seal are affixed to the document” (1 TAC 87.11[11]).

Accuracy of Certificate

1. Notarial Acts: “The notary public does have a responsibility to make sure that the information contained in the notarial certificate is accurate” (website, “Frequently Asked Questions for Notaries Public”).

2. Remote Notarial Acts: “If you have any questions about notarizing a document, you may contact the person who drafted the document and ask them to clarify any questions about the document. It is not the notary’s job to revise the document other than that part of the document containing the notarial certificate. Please be aware, when performing an online notarization, it may not be possible for you to make changes to a notarial certificate as you would when provided with a paper document because the document presented to you is an electronic document. Since there is no statute that addresses this issue, you may want to return the document to the drafter and suggest that they change the name of the county to the correct county name or make changes to any other information within the certificate that may be incorrect” (IMON).

False Certificate

According to 1 TAC 87.31(10), “good cause” for the Secretary of State rejecting an application for appointment, revoking the commission of a Notary or taking any other disciplinary action against a Notary includes “the execution of any certificate as a notary public containing a statement known to the notary public to be false.”

Go to top.

Definition

“‘Electronic seal’ means information within a notarized electronic document that confirms the online notary public’s name, jurisdiction, identifying number, and commission expiration date and generally corresponds to information in notary seals used on paper documents” (GC 406.101[5]).

Seal Requirement

1. Notarial Acts: Required.
   “A notary public shall provide a seal of office…. The notary public shall authenticate all official acts with the seal of office” (GC 406.013[a]).

2. In-Person Electronic Notarial Acts: Required.
   “The notary public shall authenticate all official acts with the seal of office” (GC 406.013[a]).
   Government Code 406.013(d) impliedly states the requirement that a Notary Public use an electronic seal when performing in-person electronic notarizations: “Subsection (c) does not apply to an electronically transmitted authenticated document, except that an electronically transmitted authenticated document must legibly reproduce the required elements of the seal.” Government Code 406.013(c) refers to the use of a seal press (embosser) or stamp as the official seal. These do not apply when notarizing electronic records.

3. Remote Notarial Acts: Required.
   “An online notary public shall authenticate all online notarizations with the online notary public's:
   “(1) electronic seal, if the online notarization was performed with respect to an electronic document; or
   “(2) seal of office as provided under Section 406.013, if the online notarization was performed with respect to a tangible document.

4. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature” (PC 15.004[c]).

Seal Format

1. Notarial Acts

   1. Inked Stamp or Embosser: “The seal must be affixed by a seal press or stamp that embosses or prints a seal that legibly reproduces the required elements of the seal under photographic methods. An indelible ink pad must be used for affixing by a stamp the impression of a seal on an instrument to authenticate the notary public’s official act” (GC 406.013[c]).

   2. Shape/Size: Circular, not more than 2 inches in diameter; or rectangular, not more than 1-inch wide and 2½ inches long (GC 406.013[b]).

   3. Border: The seal must have “a serrated or milled edge border” (GC 406.013[b]).

   4. Components: The border must surround the following components (GC 406.013[a]):

      1. “Notary Public, State of Texas” (around the five-pointed star);

      2. Star of five points;

      3. Name of Notary;

      4. Commission expiration date;

      5. Notary’s ID number.

   5. Notary ID Number: Effective January 1, 2016, “the secretary of state shall assign each notary public an identifying number and keep a record of the number assigned to each notary public” (GC 406.001[b]).
      “For all applicants commissioned or recommissioned on or after January 1, 2016, the notary public seal must contain the identifying number issued by the secretary of state” (1 TAC 87.44[b]).
      “For notaries who were commissioned or recommissioned prior to January 1, 2016, the seal of such notaries is not required to contain the identifying number issued by the secretary of state until the notary is recommissioned…. The seal of notaries who were commissioned or recommissioned prior to January 1, 2016 may, however, contain the identifying number issued by the secretary of state prior to the notary being recommissioned.…” (1 TAC 87.44[c]).

2. In-Person Electronic Notarial Acts: “[A]n electronically transmitted authenticated document must legibly reproduce the required elements of the seal” (GC 406.013[d]).

3. Remote Notarial Acts: “The notarial certificate shall be signed by affixing the online notary public’s digital certificate and include an attachment of the online notary public’s electronic seal” (1 TAC 87.41[e]).
   “An online notary public shall attach the online notary public’s electronic signature and seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident” (GC 406.109[d]).

Examples

The below typical, actual-size examples of official Notary seals, stamps, and electronic Notary seals which are allowed by Texas law. Formats other than these may also be permitted.

Open

Notary Without Bond: The seal of an employee or officer of the state of Texas who is a Notary Public and who is exempted from the surety bond requirement (GC 653.002 through 653.005 and 653.012) must be an inking stamp and must include the words “Notary Without Bond” (1 TAC 87.22[a]). Notaries without bond must use this stamp on every document notarized pursuant to their official state duties (28 TAC 252.505[a]). The required words must appear below the border of the inking rectangular seal (see example below).

Open

Out-of-State Documents Without Seal

“The failure of a notary public to attach an official seal to a certificate of an acknowledgment or proof of a written instrument made outside this state but inside the United States or its territories renders the acknowledgment or proof invalid only if the jurisdiction in which the certificate is made requires the notary public to attach the seal” (CPRC 121.004[c]).

“The secretary of state annually shall compile a list of those states or territories within the United States that require a notary public to validate a certificate of an acknowledgment, proof of a written instrument, or a jurat by attaching an official seal…. The secretary of state shall send the list to each of the county clerks of this state before January 1 of each year…. The secretary of state shall amend the list and immediately send the amended list to the county clerks of this state if the secretary learns that a state or territory has changed its requirements relating to a notary public in a manner that requires it to be added to or deleted from the list” (GC 405.019).

Security of Seal

“The notary seal shall remain within the exclusive control of the notary public at all times” (1 TAC 87.44[d]).

Exclusive Use of Seal

“A notary public may not:
“(1) provide a copy of the notary public’s seal to another person; or
“(2) affix or attach the notary public’s seal to any document except to authenticate the notary public’s official act” (GC 406.013[e]).

Lost or Theft of Seal

“Every commissioned notary public has a duty to safeguard his/her notary materials. However, if your notary seal … has been misplaced or lost, send a letter to this office detailing the circumstances in which the materials went missing, the last time you used it, and any other relevant information. If any of your notary materials have been stolen, you should file a report with your local law enforcement office and enclose a copy of that report with your letter to this office. Send the letter to the Notary Public Unit, P.O. Box 13375, Austin, Texas 78711-3375 or by email.

“[Y]ou must get a new seal if your seal is lost or stolen, as notaries are required to affix their seals to all official acts they perform” (website, “Frequently Asked Questions for Notaries Public”).

New Seal as a Result of Name Change

“If the notary public who qualifies under a new name is commissioned as both a traditional and online notary, the notary shall obtain both a new traditional seal and new electronic seal that contains the name, as specified on the amended commission, under which the notary will perform all future notarial acts” (1 TAC 87.62[c]).

Good Cause for Discipline

According to the Texas Administrative Code, “good cause” with reference to the Secretary of State rejecting an application for appointment, revoking the commission of a Notary, or taking other disciplinary action includes “a failure to safely and securely maintain notary materials” (1 TAC 87.31[22]). While the provision is broad, it could include a failure to safely and securely maintain a Notary seal.

Destruction of Seal

“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” (website, “Frequently Asked Questions for Notaries Public”).

Employer Retention of Seal

The Texas Attorney General has issued an opinion on “whether an employer may ‘retain the notary materials of an employee upon termination of employment,’ including the notary’s seal and record book…. Construing chapter 406 as a whole, we conclude that a court would likely determine that an employer may not retain the notary records and seal of an employee who is a notary public upon termination of employment” (Tex. Atty. Gen. Op. GA-0723).

“The employer is not the owner of a notary’s … seal, even if the employer paid for the materials. Tex. Atty. Gen. Op. GA-0723. A Texas notary public is required by law … to authenticate every official act with the seal office…. Therefore, the … seal should remain in the possession of the notary at all times…. If your employer retains your seal … when you leave your job, you should provide your employer a copy of Texas Attorney General Opinion GA-0723. If after receiving a copy of the opinion, your employer still will not let you take your notary … seal with you, you should … obtain a new seal….” (website, “Frequently Asked Questions for Notaries Public”).

Commissioner of Deeds’ Seals

Commissioners of deeds are appointed by the Texas Governor to notarize documents within a designated jurisdiction outside the state of Texas, when these documents will be filed or used within Texas.

“A commissioner of deeds shall provide a seal with a star of five points in the center and the words ‘Commissioner of the State of Texas’ engraved on the seal. The seal shall be used to certify all official acts of the commissioner of deeds. An instrument that does not have the impression of the seal, or an act of the commissioner of deeds that is not certified by the impression of the seal, is not valid in this state” (GC 406.054).

Changes to Electronic Seal and Digital Certificate

“(a) An online notary public shall at all times maintain an electronic seal and a digital certificate that includes the online notary’s electronic signature. Both the electronic seal and digital certificate must comply with the provisions of Chapter 406, Government Code, and this chapter.
“(b) An online notary public shall replace an electronic seal or digital certificate under the following circumstances:
“(1) the electronic seal or digital certificate has expired;
“(2) the electronic seal or digital certificate has been revoked or terminated by the device’s issuing or registering authority; or
“(3) the electronic seal or digital certificate is for any reason no longer valid or capable of authentication.
“(c) An online notary public who replaces an electronic seal or digital certificate shall provide the following to the secretary of state within 10 days of the replacement:
“(1) the electronic technology or technologies to be used in attaching or logically associating the new electronic seal or digital certificate to an electronic document;
“(2) applicant’s new digital certificate, if applicable;
“(3) a copy of applicant’s new electronic seal, if applicable; and
“(4) any necessary instructions or techniques supplied by the vendor that allow the notary’s electronic seal or digital certificate to be read and authenticated” (1 TAC 87.63).

Notary’s Signature

“A notary public shall sign an instrument … in the name under which the notary public is commissioned” (GC 406.016[b]).

“A notary must sign the notarial certificate using the same name that is listed on the commission issued by the secretary of state. However, as long as the name matches, the signature of the notary may be printed, written, typed, stamped, etc.” (website, “Frequently Asked Questions for Notaries Public”).

Online Notary Electronic Signature

“An online notary public shall take reasonable steps to ensure that any registered device used to create an electronic signature is current and has not been revoked or terminated by the device’s issuing or registering authority” (GC 406.109[a]).

“An online notary public may use the online notary public’s electronic signature only for performing online notarization” (GC 406.109[c]).

1. Tamper-Evident Technology: “An online notary public shall attach the online notary public’s electronic signature and seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident” (GC 406.109[d]).
   “Online notaries public shall attach their digital certificate and seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident” (1 TAC 87.41[j]).

2. Digital Certificate: According to the Texas Administrative Code, an online Notary must use “an electronic technology standard that utilizes Public Key Infrastructure (PKI) technology from a PKI service provider that is X.509 compliant when attaching or logically associating the notary’s electronic signature, seal and digital certificate to an electronic document” (1 TAC 87.4[7][B]).

3. Notification of Theft or Vandalism: “An online notary public shall immediately notify an appropriate law enforcement agency and the secretary of state of the theft or vandalism of the online notary public’s electronic record, electronic signature, or electronic seal. An online notary public shall immediately notify the secretary of state of the loss or use by another person of the online notary public’s electronic record, electronic signature, or electronic seal” (GC 406.109[e]).

Go to top.

Records Requirement

1. Journal

   1. Notarial Acts: Required.
      A Notary must keep in a book, in a computer or in another storage device, a record of each document notarized (GC 406.014[a] and [e] and CPRC 121.012[a]).

   2. In-Person Electronic Notarial Acts: Required (GC 406.014[a] and [e] and CPRC 121.012[a]).

   3. Remote Notarial Acts: Required.
      “An online notary public shall keep a secure electronic record of electronic documents notarized by the online notary public” (GC 406.108[a]).
      Note: The statute does not use the term “journal” to refer to this “secure electronic record,” but the information required to be recorded in this record (see “Journal Entries, below) is similar to the information recorded in Notary journals.

2. Recording of Remote Notarial Acts: Required.
   Government Code 406.108(a)(6) requires an online Notary Public to make and retain an audiovisual recording as part of the online Notary’s electronic record of an online notarial act.

Journal Format

1. Paper or Electronic Format: “Notary records, other than records of online notarizations, may be maintained either in a book or electronically in a computer or other storage device so long as the records are adequately backed-up and are capable of being printed in a tangible medium when requested” (1 TAC 87.51[a]).
   Effective September 1, 2005, Chapter 103 of the Acts of 2005 (Senate Bill 220) authorized Texas Notaries to maintain their required notarial records “electronically in a computer or other storage device” (GC 406.014[e]).
   “A notary may maintain the notary record book electronically in a computer or other storage device so long as the records from that book are adequately backed-up and are capable of being printed in a tangible medium when requested” (1 TAC 87.41).

2. Remote Notarial Acts: “Records of an online notarization shall be maintained electronically in computers or other storage devices that are capable of recording the information required by §406.108, Government Code, including a recording of any video and audio conference that is the basis for identifying the principal. An online notary public may contract with a third party to provide such storage if the third party:
   “(1) has provided reasonable evidence to the online notary public that it is capable of providing such services; and
   “(2) provides complete access to the online notary public of all the notary’s records for an agreed period of time, which at minimum, complies with the retention requirements in §87.54 of this title (relating to Records Retention) even if such a contract is terminated. If the contract between the online notary public and the third party is terminated, all records must be transferred to the online notary public” (1 TAC 87.51[b]).

Journal Entries

1. Notarial Acts: For each notarization performed, the Notary must record the following (GC 406.014[a] and CPRC 121.012[a] through [d]):

   1. The date of each document notarized;

   2. The date of the notarization;

   3. The name of the signer, grantor, subscribing witness or maker;

   4. The signer’s, grantor’s, subscribing witness’s or maker’s mailing address;

   5. Whether the signer, grantor or maker is personally known by the Notary; was identified by an ID card issued by a governmental agency or by a U.S. passport; or was introduced to the Notary and, if so, the name and residence address of the introducer;

   6. If the document is proved by a subscribing witness, whether the witness was personally known by the Notary or introduced, and, if introduced, the name and mailing address of the introducer;

   7. The name and mailing address of the grantee;

   8. If land is conveyed or charged by the document, the name of the original grantee and the county where the land is located; and

   9. A brief description of the document.

2. Remote Notarial Acts: “The electronic record must contain for each online notarization:
   “(1) the date and time of the notarization;
   “(2) the type of notarial act;
   “(3) the type, the title, or a description of the document or proceeding;
   “(4) the printed name and address of each principal involved in the transaction or proceeding;
   “(5) evidence of identity of each principal involved in the transaction or proceeding in the form of:
   “(A) a statement that the person is personally known to the online notary public;
   “(B) a notation of the type of identification document provided to the online notary public;
   “(C) a record of the identity verification made under Section 406.110, if applicable; or
   “(D) the following:
   “(i) the printed name and address of each credible witness swearing to or affirming the person’s identity; and
   “(ii) for each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public;
   “(6) a recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence; and
   “(7) the fee, if any, charged for the notarization.
   “(d) For documents that are tangible instruments, an online notary public shall keep a record of the documents notarized by the online notary public with a tangible symbol. The record for each online notarization with a tangible symbol must contain the same elements required by Subsection (a) for an electronic record” (GC 406.108[a]).
   “An online notary public shall keep a record of all notarial acts in accordance with §406.108, Government Code, and Chapter 87 of this title. The record of the audio-visual communication shall include:
   “(1) the means by which the online notary public establishes the identity of the principal and any credible witnesses; and
   “(2) the actual notarial act performed” (1 TAC 87.41[g]).

3. Signature Not Required: “The person for whom a notarization is performed is not required to sign the record book” (website, “Frequently Asked Questions for Notaries Public”).

Prohibited Journal Entries

1. ID Numbers: “A notary public (other than a court clerk notarizing instruments for the court) shall not record in the notary’s record book:
   “(1) an identification number that was assigned by a governmental agency or by the United States to the principal and that is set forth on the identification card or passport presented as identification …” (1 TAC 87.50[a][1]).

2. Expiration Date Permitted: “A notary public may record the expiration date of an identification card issued by a governmental agency or passport issued by the United States if the signer, grantor, or maker of an instrument or document presents the card or passport to the notary public as identification” (GC 406.014[f]).

3. Number Identifying Principal: “A notary public (other than a court clerk notarizing instruments for the court) shall not record in the notary’s record book: … any other number that could be used to identify the principal of the document” (1 TAC 87.50[a][2]).

4. Biometrics: “A notary public (other than a court clerk notarizing instruments for the court) shall not record in the notary’s record book: … a biometric identifier, including a fingerprint, voice print, and retina or iris image” (1 TAC 87.50[a][3]).

5. Mailing Address Permitted: “[1 TAC 87.50] does not prohibit a notary public from recording a number related to the mailing address of the principal of the document or the instrument” (1 TAC 87.50[d]).

6. Online Notarial Act Records Exempted: “[1 TAC 87.50] does not apply to an online notary public making an audio visual recording of the means by which the notary establishes the identity of the principal.

7. Redaction Required: “A notary public who inadvertently records information prohibited under subsection (a) of this section shall redact such information prior to providing public access to or copies of the notary record book” (1 TAC 87.50[d]). According to the state Notary Public Unit, these regulations do not require purging of ID numbers from journal entries made before these regulations took effect in April of 2007, though Notaries may do so if they wish.

Journal Shortcuts

“A notary public who performs multiple notarizations for the same signer within a single document may abbreviate the entry of those notarizations in the notary record book, except that a separate entry must be made for each type of notarial act. The abbreviated entry must contain all the information required by §406.014, Government Code, and must include the number of notarizations performed within the specified document” (1 TAC 87.51[c]).

Record of Fees

“An officer who by law may charge a fee for a service shall keep a fee book and shall enter in the book all fees charged for services rendered” (GC 603.006).

Certain Oaths Exempted

Oaths administered pursuant to the Texas Code of Criminal Procedure, Article 45A.101, need not be recorded in the Notary’s book (GC 406.014[d]).

“A notary public who administers an oath pursuant to Article 45.019 of the Code of Criminal Procedure is exempt from the requirement of recording that oath in the notary public’s record book” (IMN).

These oaths are with respect to the filing of sworn criminal complaints charging an accused with the commission of an offense in justice and municipal courts (Code of Criminal Procedure, Article 45.018 and 45.019[b] and [c]).

Public Inspection

1. Public Records: Entries in the Notary’s book are “public records, open for public inspection and examination at all reasonable times” (CPRC 121.012[e]; see also GC 406.014[b]).
   “Entries in the notary public record book are public information” (1 TAC 87.52[a]).

2. Certified Copies: “On payment of all fees, the notary public shall promptly provide a certified copy of any entries in the notary public’s records to any person requesting the copy. The notary shall provide the certified copy no later than 10 business days from the date of receipt of the fees, unless the notary cannot produce the certified copy within 10 business days from the date of receipt of the fees, in which case the notary shall certify that fact in writing to the person requesting the copy on or before the 10th business day from the date of receipt of the fees, and set a date and hour within a reasonable time when the certified copy will be provided, and shall provide the information by that date and hour” (1 TAC 87.52[a]; see also GC 406.014[c]).
   “If the notary has inadvertently included personal identifiable information in the record book contrary to §87.50 of this title … the notary must redact that personal information prior to release of the information” (1 TAC 87.52[a]).
   “If any portion of the audio visual recording of an online notarization includes biometric information or includes an image of the identification card used to identify the principal, that portion of the recording is confidential and shall not be released without consent of the individual(s) whose identity is being established, unless ordered by a court of competent jurisdiction or upon request by the secretary of state” (1 TAC 87.52[b]).

3. Written Request: The Secretary of State suggests that all requests for copies of entries in a Notary’s record book be made in writing through a certified letter to the Notary’s official address on file, thereby providing evidence for a complaint if the Notary fails to comply (website, “Frequently Asked Questions for Notaries Public”).

4. Failure to Respond: “Failure of a notary public to promptly and adequately respond to a request for public information … may be good cause for suspension or revocation of a notary commission or other disciplinary action against the notary” (1 TAC 87.53).

Lost or Stolen Journal

“Every commissioned notary public has a duty to safeguard his/her notary materials. However, if your notary … record book has been misplaced or lost, send a letter to this office detailing the circumstances in which the materials went missing, the last time you used it, and any other relevant information. If any of your notary materials have been stolen, you should file a report with your local law enforcement office and enclose a copy of that report with your letter to this office. Send the letter to the Notary Public Unit, P.O. Box 13375, Austin, Texas 78711-3375 or by email. Remember that you have a duty to record every notarial act in your record book. Therefore, if your notary record book is lost or stolen, you must get a new book before you resume providing notarial services” (website, “Frequently Asked Questions for Notaries Public”).

Property of Notary

For the Texas Attorney General’s opinion on this matter, see “Employer May Not Retain Seal,” above.
“The employer is not the owner of a notary’s record book …, even if the employer paid for the materials. Tex. Atty. Gen. Op. GA-0723. A Texas notary public is required by law to maintain a record book containing information on every notarization performed…. The record book is public information and a notary is required to produce copies of the book upon request. Therefore, the book … should remain in the possession of the notary at all times…. If your employer retains your … record book … when you leave your job, you should provide your employer a copy of Texas Attorney General Opinion GA-0723. If after receiving a copy of the opinion, your employer still will not let you take your notary book … with you, you should make a copy of the pages of the record book so that you can produce them upon request. You should also … start a new record book for future notarizations” (website, “Frequently Asked Questions for Notaries Public”).

Backup of Records of Online Notarial Acts

“The online notary public shall take reasonable steps to:
…
“(2) maintain a backup for the electronic record required by [Government Code 406.108] (a); and
“(3) protect the backup record from unauthorized use” (GC 406.108[b]).

“An online notary public must also maintain a back-up of the electronic records for the same period of time. Both the original records and the back-up shall be protected from unauthorized use” (1 TAC 87.54[b]).

Retention of Records

1. Notarial Acts: “Records of a notarization other than an online notarization shall be retained, in a safe and secure manner, for the longer of the term of the commission in which the notarization occurred or three years following the date of notarization” (1 TAC 87.54[a]).
   “The best practice, however, would be for the notary to permanently maintain copies of the records” (website, “Frequently Asked Questions for Notaries Public”).

2. Remote Notarial Acts: “The electronic record required by [Government Code 406.108] (a) shall be maintained for at least five years after the date of the transaction or proceeding” (GC 406.108[c]).
   “Records of an online notarization shall be retained, in a safe and secure manner, for five years following the date of the notarization” (1 TAC 87.54[b]).

Good Cause for Discipline

According to the Texas Administrative Code, “good cause” with reference to the Secretary of State rejecting an application for appointment, revoking the commission of a Notary, or taking other disciplinary action includes “a failure to safely and securely maintain notary materials” (1 TAC 87.31[22]). While the provision is broad, it could include a failure to safely and securely maintain a Notary journal.

Disposition of Records

“If the office of a notary public becomes vacant due to resignation, removal, or death, the county clerk of the county in which the notary public resides shall obtain the record books and public papers belonging to the office of the notary public and deposit them in the county clerk’s office” (GC 406.022). The clerk may then certify copies of these records with the same authority as if certified by the Notary (GC 406.015).

Go to top.

Maximum Fees

1. Notarial Acts: The maximum fees that a Texas Notary or the Notary’s employer may charge for a notarial act are (GC 406.024[a]):

   1. Taking an acknowledgment or proof: $10 for the first signature and $1 for each additional signature;

   2. Administering an oath or affirmation, with certificate and seal: $10;

   3. Providing a copy of a record or paper kept in the Notary’s office: $1 per page;

   4. Taking a deposition: $6 for the oath, certificate, seal and other business connected with the deposition, plus $1 per 100 words;

   5. Protesting for nonacceptance or nonpayment, register and seal, $4; each notice of protest, $1; certificate and seal to a protest, $4; protesting in all other cases, $4.

   6. Certificate under seal not otherwise provided for: $10.

   7. Performing any other lawful notarial act: $10.

2. Five-Year Adjustment of Fees: “Once every five years, the secretary of state shall adjust the fees provided under Subsection (a) by the amount that results from applying the inflation rate, as determined by the comptroller on the basis of the increase, if any, in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor, to the current fee amounts” (GC 406.024[c]).

3. Remote Notarial Acts: “An online notary public or the online notary public’s employer may charge a fee in an amount not to exceed $25 for performing an online notarization in addition to any other fees authorized under Section 406.024” (GC 406.111).
   The “Informational Materials that Accompany Online Notary Public Commissions” indicates the $25 fee for an online notaral act is in addition to the fee authorized under GC 406.024(a) for the notarial act. If an acknowledgment is performed for the same person, the fee would be $35. If an acknowledgment is performed for two persons and separate acknowledgment certificates are provided for each signing party, the fee would be $35 for each person.

Determination of Fee by Employer

“Does the employer or the notary determine the fee charged for notary services performed during the employer’s office hours? – Texas Government Code §406.024 specifies that the notary public or the notary’s employer may charge the specified fees” (website, “Frequently Asked Questions for Notaries Public”).

Overcharging

“The fee charged (for an acknowledgment or official act) may not exceed the fee authorized by Subsection (a)” (GC 406.024[b]).

Charging more than the maximum fee allowed by law “subjects the notary to possible criminal prosecution and suspension or revocation of the notary’s notary public commission by the Secretary of State’s office” (IMN).

“Excessive fees are grounds for disciplinary action” (website, “Frequently Asked Questions for Notaries Public”).

Lesser or No Fee

“A lesser fee is allowed or no fee at all may be charged” (website, “Frequently Asked Questions for Notaries Public”).

Unauthorized Fees

“A notary public may charge a fee only for an acknowledgment or official act under [GC 406.024] Subsection (a)” (GC 406.024[b]).

Posting Fees

“A county judge, clerk of a district or county court, sheriff, justice of the peace, constable, or notary public shall keep posted at all times in a conspicuous place in the respective offices a complete list of fees the person may charge by law” (GC 603.008).

Itemization of Fees

A notary must itemize or be prepared to itemize in writing any fees charged (GC 603.007).

Fee Book

“An officer who by law may charge a fee for a service shall keep a fee book and shall enter in the book all fees charged for services rendered” (GC 603.006).

Go to top.

Notary Signing Agents

1. Qualifications and Oversight: Texas does not have statutes, rules or guidelines regulating Notary Signing Agents within the state.

2. Texas Homestead Protection: A measure passed by the 77th Texas Legislature and approved by the voters amended Section 50, Article 16, of the Texas Constitution to add a subsection that states a homestead is protected from a forced sale for the payment of debt for an extension of credit unless such extension of debt is closed at the offices of the lender, an attorney at law or a title company. This change does not specifically preclude the execution of the closing documents at other locations. However, an extension of credit where the closing is performed at such other locations is subject to the homestead protection, which prevents a forced sale of the homestead. Thus, lenders who furnish extension of credit, secured by a lien on a homestead, may instruct Notaries Public not to take the acknowledgment of a borrower’s signature or authorize Notaries to conduct loan signing appointments at other locations, such as the borrower’s home.
   An amendment to Title 7, Section 153.15 of the Texas Administrative Code that is effective on November 26, 2020 clarifies that the closing of an equity loan may occur in any area located at the physical address of the lender, attorney, or title company. This would include in a parking lot or indoor office, for example.

3. Wrap Mortgage Loans: Effective January 1, 2022, Texas law provides that a lien securing a wrap mortgage loan is void unless it is closed by an attorney or a title company: “A lien securing a wrap mortgage loan is void unless the wrap mortgage loan and the conveyance of the residential real estate securing the loan are closed by an attorney or a title company” (Finance Code Section 159.105).
   "'Wrap mortgage loan' means a residential mortgage loan:
   “(A) made to finance the purchase of residential real estate that will continue to be subject to an unreleased lien that:
   “(i) attached to the residential real estate before the loan was made; and
   “(ii) secures a debt incurred by a person other than the wrap borrower that was not paid off at the time the loan was made; and
   “(B) obligating the wrap borrower to the wrap lender for payment of a debt the principal amount of which includes:
   “(i) the outstanding balance of the debt described by Paragraph (A)(ii); and
   “(ii) any remaining amount of the purchase price financed by the wrap lender” (Finance Code Section 159.001[7]).

Recording Requirements

1. Notarial Act: “(a) An instrument concerning real or personal property may be recorded if it has been acknowledged, sworn to with a proper jurat, or proved according to law.
   “(b) An instrument conveying real property may not be recorded unless it is signed and acknowledged or sworn to by the grantor in the presence of two or more credible subscribing witnesses or acknowledged or sworn to before and certified by an officer authorized to take acknowledgements or oaths, as applicable.
   “(c) This section does not require the acknowledgement or swearing or prohibit the recording of a financing statement, a security agreement filed as a financing statement, or a continuation statement filed for record under the Business & Commerce Code.
   “(d) The failure of a notary public to attach an official seal to an acknowledgment, a jurat, or other proof taken outside this state but inside the United States or its territories renders the acknowledgment, jurat, or other proof invalid only if the jurisdiction in which the acknowledgment, jurat, or other proof is taken requires the notary public to attach the seal” (Property Code 12.001).

2. Original Signature: “(a) For the purposes of this section, ‘paper document’ means a document received by a county clerk in a form that is not electronic.
   “(b) A paper document concerning real or personal property may not be recorded or serve as notice of the paper document unless:
   “(1) the paper document contains an original signature or signatures that are acknowledged, sworn to with a proper jurat, or proved according to law; or
   “(2) the paper document is attached as an exhibit to a paper affidavit or other document that has an original signature or signatures that are acknowledged, sworn to with a proper jurat, or proved according to law.
   “(c) An original signature may not be required for an electronic instrument or other document that complies with the requirements of Chapter 15 of this code, Chapter 195, Local Government Code, Chapter 322, Business & Commerce Code, or other applicable law.
   “(d) “This section does not apply to a child support lien notice issued by the Title IV-D agency under Chapter 157, Family Code. For purposes of this subsection, ‘Title IV-D agency’ has the meaning assigned by Section 101.033, Family Code.
   “(e) This section does not apply to a notice of sale under Section 51.065, Natural Resources Code, or a land award under Section 51.066, Natural Resources Code” (Property Code 12.002)

3. English Language: “(a) An instrument relating to real or personal property may not be recorded unless it is in English or complies with this section.
   “(b) An authenticated instrument not in English that was executed before August 22, 1897, may be recorded and operate as constructive notice from the date of filing if:
   “(1) a correct English translation is recorded with the original instrument; and
   “(2) the accuracy of the translation is sworn to before an officer authorized to administer oaths.
   “(c) An instrument acknowledged outside the United States or its territories in accordance with Section 121.001(c)(3), Civil Practice and Remedies Code, that contains a certificate, stamp, or seal of a notary public or other official before whom the acknowledgment was taken or an apostille relating to the acknowledgment, any portion of which is not in English, may be recorded and operate as constructive notice from the date of filing if:
   “(1) a correct English translation of any non-English portion of the certificate, stamp, seal, or apostille is recorded with the original instrument;
   “(2) the accuracy of the translation is sworn to before an officer authorized to administer oaths; and
   “(3) any apostille relating to the acknowledgment complies with the Hague Convention dated October 5, 1961, titled Convention Abolishing the Requirement of Legalisation for Foreign Public Documents” (Property Code 11.002).

4. Place of Recording: “To be effectively recorded, an instrument relating to real property must be eligible for recording and must be recorded in the county in which a part of the property is located” (Property Code 11.001[a]).

Go to top.

Notarial Acts in Texas

1. Acknowledgments and Proofs: “An acknowledgment or proof of a written instrument may be taken in this state by:
   “(1) a clerk of a district court;
   “(2) a judge or clerk of a county court;
   “(3) a notary public;
   “(4) a county tax assessor-collector or an employee of the county tax assessor-collector if the instrument is required or authorized to be filed in the office of the county tax assessor-collector; or
   “(5) an employee of a personal bond office if the acknowledgment or proof of a written instrument is required or authorized by Article 17.04, Code of Criminal Procedure” (CPRC 121.001[a]).

2. Oaths: “An oath made in this state may be administered and a certificate of the fact given by:
   “(1) a judge, retired judge, or clerk of a municipal court;
   “(2) a judge, retired judge, senior judge, clerk, or commissioner of a court of record;
   “(3) a justice of the peace, a retired justice of the peace, or a clerk of a justice court;
   “(4) an associate judge, magistrate, master, referee, or criminal law hearing officer;
   “(5) a notary public;
   “(6) a member of a board or commission created by a law of this state, in a matter pertaining to a duty of the board or commission;
   “(7) a person employed by the Texas Ethics Commission who has a duty related to a report required by Title 15, Election Code, in a matter pertaining to that duty;
   “(8) a county tax assessor-collector or an employee of the county tax assessor-collector if the oath relates to a document that is required or authorized to be filed in the office of the county tax assessor-collector;
   “(9) the secretary of state or a former secretary of state;
   “(10) an employee of a personal bond office, or an employee of a county, who is employed to obtain information required to be obtained under oath if the oath is required or authorized by Article 17.04 or by Article 26.04(n) or (o), Code of Criminal Procedure;
   “(11) the lieutenant governor or a former lieutenant governor;
   “(12) the speaker of the house of representatives or a former speaker of the house of representatives;
   “(13) the governor or a former governor;
   “(14) a legislator or retired legislator;
   “(14-a) the secretary of the senate or the chief clerk of the house of representatives;
   “(15) the attorney general or a former attorney general;
   “(16) the comptroller of public accounts or a former comptroller of public accounts;
   “(17) the secretary or clerk of a municipality in a matter pertaining to the official business of the municipality;
   “(18) a peace officer described by Article 2.12, Code of Criminal Procedure, if:
   “(A) the oath is administered when the officer is engaged in the performance of the officer's duties; and
   “(B) the administration of the oath relates to the officer's duties; or
   “(19) a county treasurer” (GC 602.002).

Notarial Acts in U.S. State or Jurisdiction

“An acknowledgment or proof of a written instrument may be taken outside this state, but inside the United States or its territories, by:
“(1) a clerk of a court of record having a seal;
“(2) a commissioner of deeds appointed under the laws of this state; or
“(3) a notary public” (CPRC 121.001[b]).

Notarial Acts Under Federal or Foreign Law

“(c) An acknowledgment or proof of a written instrument may be taken outside the United States or its territories by:
“(1) a minister, commissioner, or charge d’affaires of the United States who is a resident of and is accredited in the country where the acknowledgment or proof is taken;
“(2) a consul-general, consul, vice-consul, commercial agent, vice-commercial agent, deputy consul, or consular agent of the United States who is a resident of the country where the acknowledgment or proof is taken; or
“(3) a notary public or any other official authorized to administer oaths in the jurisdiction where the acknowledgment or proof is taken.
“(d) A commissioned officer of the United States Armed Forces or of a United States Armed Forces Auxiliary may take an acknowledgment or proof of a written instrument of a member of the armed forces, a member of an armed forces auxiliary, or a member’s spouse. If an acknowledgment or a proof is taken under this subsection, it is presumed, absent pleading and proof to the contrary, that the commissioned officer who signed was a commissioned officer on the date that the officer signed, and that the acknowledging person was a member of the authorized group of military personnel or spouses. The failure of the commissioned officer to attach an official seal to the certificate of acknowledgment or proof of an instrument does not invalidate the acknowledgment or proof” (CPRC 121.001[c] and [d]).

Go to top.

Secretary of State

Authenticating certificates for Texas Notaries, including apostilles, are issued only by the Authentications Unit of the Secretary of State’s office.

1. Fee: $15 per certificate, including an apostille, with check or money order payable to the “Secretary of State of Texas.” American Express, Discover, MasterCard and Visa are accepted subject to a 2.7% convenience fee.
   “If the Certificate/Apostille is requested for use in proceedings related to an adoption, the fee is $10.00 per Certificate/Apostille, and the total fees may not exceed $100.00 for the adoption of each child” (website, “Apostilles/Authentication of Documents”).

2. Mailing Address:
   Office of Secretary of State
   Authentications Unit
   P.O. Box 13550
   Austin, TX 78711-3550

3. In Person or Overnight Mail:
   Office of Secretary of State
   Authentications Unit
   1019 Brazos (Room 106)
   Austin, TX 78701

4. Phone: 512-463-5705

5. Procedure: The complete and original notarized document(s) must be submitted, along with the fee and the appropriate form, available on the Secretary of State’s website. Notarized documents must have been notarized in English. For most requests, Form 2102, “Request for Official Certificate or Apostille,” must be used. For adoptions, Form 2103 must be used instead. Spanish forms (Form 2012-S and 2103-S) are also provided. Persons paying by credit card should include Form 2101. In addition, a self-addressed, stamped envelope or a pre-paid overnight airbill/envelope must be included (website, “Apostilles/Authentication of Documents”).

6. School Transcripts and Diplomas: “How do I obtain an apostille/certificate on my school transcript or diploma? – Follow one of these two options for school documents:
   “1. Notarization of ORIGINAL school records would require you to have the school official sign an affidavit in the presence of the notary public.
   ““2. For notarization of a PHOTOCOPY of the original school record, the owner of the original document must sign an affidavit on the photocopy, in the presence of the notary public. In either case, the notary must complete the appropriate notarial certificate acknowledging the date the signer appeared before him/her” (website, “Frequently Asked Questions for Notaries Public”).
   “A notary public can make a certified copy of a diploma but NOT other school documents” (website, “Frequently Asked Questions for Notaries Public”).

Copyright © 2024 National Notary Association

Go to top.