Frequently Asked Questions
Questions Frequently Asked
The following section consists of questions Notaries Public often have about their office. If you have any questions about notarizing a document you should contact the maker of the document, the Notary Public Unit of the Secretary of State's office, or an attorney.
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May I Notarize my Spouse's Signature?
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May I Notarize for my Spouse's Business?
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May I Notarize for my Relatives?
The basic rules are: the act of taking and certifying acknowledgments cannot be performed by a notary public financially or beneficially interested in the transaction; and one who is a party to an instrument, cannot act as a notary public. There is no specific prohibition against a notary public notarizing another spouse's signature or a notary public notarizing for a spouse's business. The facts in each situation will determine whether such action is proper.
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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. For example, if an acknowledgment is taken in El Paso County and the certificate shows El Paso County, the certificate may be corrected as follows:
The State of Texas
Before me, (Notary Public's name), a Notary Public, on this day personally ... etc.
County of EL Paso -
May I Perform Notarial Acts in Other Countries?
Yes. A notary public has statewide jurisdiction and may perform notarial acts in any county in the state of Texas.
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May I Perform Functions Other Than Those Outlined in Tex. Gov't Code §406.016 and may I Charge Fees in Excess of Those Authorized in Tex. Gov't. Code § 406.024?
No. A notary public’s authority is limited to those acts authorized in §406.016. A Notary Public may not charge more than the prescribed fees for performance of notarial acts.
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What if There is a Difference Between the Date the Instrument is Signed and the Date the Acknowledgment is Actually Taken?
To answer this question, an example is given. If an instrument ends with the wording: "Signed and executed at El Paso , El Paso County, Texas, this 25th day of October, 2001," and the party whose name appears on such instrument appears before the Notary Public on October 27th, 2001, the Notary Public would fill in the acknowledgment with the true and correct date when the signer personally appeared before the Notary Public.
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May I Take an Acknowledgment Over the Telephone?
No. The person whose signature is notarized must personally appear before the notary at the time the notarization is performed.
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May I Make a Certified Copy of a Birth Certificate or a Marriage License:
No. Birth certificates and marriage licenses are recordable documents. A recordable document is one that is recorded with some type of entity whether it be the Secretary of State's Office, a court of law, a county clerk, or the Bureau of Vital Statistics. Certified copies may be obtained by contacting such entities.
A non-recordable document is one that has not been nor will ever be recorded with any type of entity. For instance, a letter is not recorded with anyone but there are times the sender of the letter would like to obtain a certified copy of that letter for his or her file.
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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.
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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.
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Is a Notary Required to Administer an Oath to a Deponent Served Deposition Upon Written Questions?
Yes. 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.
Prohibited Acts
The section below provides a notary public with a list of prohibited acts that a notary public may not do in carrying out the duties of the notary's office. If a notary public performs any of the following acts, the notary may be subject to possible criminal prosecution, civil liability, including liability under the Deceptive Trade Practices Act, and the revocation or suspension of the notary's notary public commission.
A Notary Public may not:
- perform acts, which constitute the practice of law;
- prepare, draft, select, or give advice concerning legal documents;
- use the phrase “notario” or “notario publico” to advertise notary services;
- overcharge for notary public services;
- notarize a document without the signer being in the notary’s presence;
- notarize the notary’s own signature;
- issue identification cards;
- sign a notarial certificate under any other name than the one under which the notary was commissioned;
- certify copies of documents recordable in the public records;
- record in the notary’s record book the identification number that was assigned by the governmental agency or by the United States to the signer, grantor or maker and that is set forth on an identification card or passport; or any other number that could be used to identify the signer, grantor or maker of the document. (This does not prohibit a notary from recording a number related to the residence or alleged residence of the signer, grantor or maker of the document or the instrument.); or
- using 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.
Notarial Definitions
Acknowledgment: 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.
Affidavit: A voluntary declaration of facts, written down and sworn to or affirmed by the declarant (“affiant”) before a Notary Public or other officer having the authority to administer an oath.
Affirmation: 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.
Jurat: A certification added to an affidavit or document stating when, where and before whom such affidavit was made.
Oath: 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.
Protest: A Notary Public’s written statement that, upon presentment for payment or acceptance, a negotiable instrument was neither paid nor accepted.
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. Still have questions?
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