State of Texas NOTARY PUBLIC REGULATIONS “TEST YOUR NOTARY SKILLS- WHAT YOU KNOW FACT OR FICTION” Brought to you by TERESA FROST Texas Agency Manager

 A notary public is a public servant and an officer of the state.  As a notary ◦ You take an oath of office ◦ Faithfully perform the duties of the office ◦ Must have a bond to insure such performance ◦ $10,000.00

Primary duty of the notary public is to serve as a disinterested party in authenticating acts of the signing party You should not: 1.Have a personal interest in the transaction 2.Avoid notarizing when related to a party especially if you have a personal or financial interest in the transaction. 3. Receive a monetary or financial benefit from the transaction. 4.Notarize your own signature

Record Book – Section of the Texas Government Code, a notary public is required to maintain a record book.

Contents of Record Book 1.Date of each instrument notarized 2.Date of when notarized 3.Name of the signer, grantor or maker 4.Residence of the person signing 5.Whether the person signing is personally known, identified by acceptable identification, or was introduced and name of the introducing party 6.Name and residence of the grantee; and 7.Brief description of the instrument Required information is set forth in section of the Texas Government Code Notary Journal

Additional Record Book Requirements If you are notarizing an instrument proved by a witness, the record book must contain: 1. Residence of the witness 2. Whether the witness is personally known to you the notary; and 3. If you were introduced, the name and residence of the individual who introduced the witness to you.

Additional Information Required in Record Book If land is conveyed by the instrument, the Notary record book must include: Name of the original grantee; and County where the land is located

Your Notary Book is Public Information  Book must be made available if someone makes a request to view information.  Copies must be produced if a request is made for copies of any pages of the book.  Book must be maintained and produced whether or not you as a notary charge for services.  Must record the information even if you are notarizing for a friend, employer, or co-worker  Information is public so you should not record SSN, Texas Driver’s license number, passport number, credit card number etc.

ACCEPTABLE IDENTIFICATION 1. A state driver’s license (current) 2. An identification card issued by the DPS or equivalent agency in another state. 3. A passport issued by the US government or effective September 1, 2011, a passport issued by a foreign government

FEES Section of the Government Code authorizes a notary or the notary’s employer to charge for services rendered by the notary, but sets a maximum fee for those services. If a fee is charges, the notary must keep a fee book. If you intend to charge for notary services, please review the code.

UNACCEPTABLE IDENTIFICATION 1. A credit card 2. A US social security card 3. A private company’s security badge 4. A letter of introduction 5. A Sam’s card 6. A matricular or cosular identification card

As a notary, you must always insist that the person for whom the notarization is performed appear before you at the time the notarization is executed ⊠ Do not notarize an unsigned document ⊠ Do not notarize a document that has been previously signed and the signing party is not present at the time of notarization ⊠ Do not notarize a previously signed document even if the presenter assures you that the document was signed by the named party

⊠ Do not take an acknowledgment over the telephone. Remember the person whose signature you are notarizing must personally appear before you at the time you are notarizing the document.

ACTS PROHIBITED Section of the Texas Government Code sets forth prohibited acts for a notary. Engaging in these acts can result in revocation of the notary commission, a claim against the notary bond, personal and criminal liability

DO NOT ⊠ Perform acts which constitute the practice of law ⊠ Prepare draft, select or give advice concerning legal documents. ⊠ Imply that you are an attorney ⊠ Advertise notary services in a language other than English unless you post the required notice with the advertisement that you are not an attorney.

 Unless you are an attorney in good standing, criminal penalties provided in section of the Government code, you could subject yourself to the following ◦ Class A misdemeanor ◦ third degree felony if previously convicted ◦ Violations may also fall under DTPA under chaper 17 of the Texas Business & Commerce Code

ACKNOWLEDGMENT  You must have the signing party acknowledge or swear to the statements in the certificate.  You should not modify or draft a document or notarial certificate.  You should not determine whether a document should be acknowledged, verified or signed under oath.  You may add the notarial certificate of the maker’s choosing if the document fails to include the certificate  You may correct the notarial certificate if the information in the certificate is not complete or is inaccurate.

INDIVIDUAL WITH DISABILITY As a notary, you may sign the name of an individual who is physically unable to sign or make a mark on a document which is presented to you to notarize.  if directed to do so by the disabled individual; and  In the presence of a witness who has no legal or equitable interest in the transaction. The following must be included beneath the signature of the individual “Signature affixed by notary in the presence of (name of witness), a disinterested witness, under section Government Code”

REMEMBER 1. You should never notarize a document without the signer being in your presence. 2. Always complete your notary book, it is public record. 3. Ask for identification before execution of the documents. 4. You are an officer of the State. 5. Your employer

Notaries have existed since ancient times and continue to serve an important and necessary function in today’s world. As a public official, a notary public is held to a high standard. There is a high degree of trust that is attached to the notary’s actions. KNOW THE NOTARY LAWS