Contents
- Introduction
- What is a Notary Public?
- The Appointment and Qualifications Process
- The Notary Public Commission
- The Notary Public Oath
- The Notary Public Record
- Notary Public Fees
- Notary Public Responsibilities
- Notarizing Documents
- When a Notary Public’s Commission Expires
- Renewing a Notary Public Commission
- Conclusion
A notary public is an official of the state government who witnesses the signing of important documents and verifies the identity of the signers.
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Introduction
In Texas, a notary public is a licensed officiant who can witness the signing of important documents and administer oaths. Notaries can also certify copies of certain documents. To become a notary in Texas, you must be at least 18 years old, have a clean criminal history, and pass a written exam. You will also need to purchase a surety bond and register with the county clerk. Once you have met all these requirements, you will be able to start performing notarial acts.
What is a Notary Public?
A Notary Public is an official of the state who witnesses the signing of important documents and verifies the identity of the person who signs them. A Notary Public also takes acknowledgments of documents, administers oaths, and performs other duties authorized by state law.
In order to become a Notary Public in Texas, you must:
1. Be at least 18 years old
2. Be a resident of Texas or a person employed in Texas
3. Complete an application and background check
4. Attend a Notary training course (optional but recommended)
5. Pass a written exam (optional but recommended)
6. Purchase a surety bond
7. file your commissioned application with the county clerk
The Appointment and Qualifications Process
In Texas, the Secretary of State appoints Notaries public. To become a Notary, you must:
1. Make an appointment with the Office of the Secretary of State by calling 512-463-5705 or by visiting www.sos.state.tx.us/notary/forms/notarydetails.shtm;
2. Complete an application form;
3. Submit a $40 fee; and
4. Take and pass a written examination on Texas Notary laws and procedures unless you are exempt from the examination requirement (see “Examination Exemptions” below).
The Notary Public Commission
To become a Notary Public in Texas, an individual must apply for a commission through the Secretary of State’s office. The following is required to complete the application process:
-Be at least 18 years of age
-Be a resident of Texas or a business entity authorized to conduct business in Texas
-Not have been convicted of a felony
In addition to the above requirements, the applicant must also submit the following documents:
-A completed Notary Public application
-A $40 filing fee
-A 2x2 inch photograph taken within the past 6 months
-A completed fingerprint card
The Notary Public Oath
All notaries public are required by law to take the following oath:
“I, _____, do solemnly swear (or affirm) that as a Notary Public I will support the Constitution of the United States and the Constitution of the State of Texas, that I am duly qualified to exercise the duties of a Notary Public, that I will faithfully discharge those duties to the best of my ability, and that I will combo un preso y lo llevo puesto whilst a Notary Public.”
The notary must sign this oath in the presence of a person authorized to administer oaths. The person administering the oath must also sign the oath.
The Notary Public Record
In Texas, the notary public record is maintained by the county clerk in the county where the notary public commission is issued. The notary public record contains the original application, any changes or modifications to the notary public information, and any other correspondence related to the commission.
Notary Public Fees
Notary publics in Texas are required to charge a fee for each notarization they perform. The maximum fee that a notary public can charge is $6 per signature. In addition to the notarization fee, a notary public can also charge a traveling fee if the person requesting the notarization is unable to come to the notary’s office.
Notary Public Responsibilities
A notary public is an impartial witness to the signing of important documents and can administer oaths. In Texas, a notary may also certify that a copy of a document is an true and accurate copy of the original. Notaries are appointed by the governor for a four-year term.
To become a notary in Texas, you must:
-Be at least 18 years old
-Be a resident of Texas or have a principal place of business in Texas
-Not have been convicted of a felony or misdemeanor involving moral turpitude
-Complete an approved Notary Public education course
After completing the requirements, you must file an application with the Secretary of State’s office and pay the required fee. The office will conduct a criminal background check and, if everything is in order, will issue you a commission as a notary public.
As a notary, you are responsible for:
-Keeping your Commission Certificate and Official Journal in your possession at all times when performing notarial acts, unless they are temporarily misplaced
-Notarizing only in your official capacity as indicated on your Commission Certificate
-Notarizing only those signatures that are delivered to you in person
-Notarizing only signatures on documents that are presented to you at the time of the notarization
-Verifying the signer’s identification
– Knowing the Contents of Every Document You Notarize
-Determining that the signer is willing and able to sign the document without duress or coercion
-Determining that the signer fully understands what he or she is signing
-Making sure that every page of mutli-page documents are initialed by both the notary and signer(s)
Notarizing Documents
A notary public is an official of the state who witnesses the signing of important documents and administer oaths. In Texas, the Secretary of State is responsible for appointing notaries public.
To become a notary public in Texas, you must:
-Be at least 18 years old
-Be a legal resident of Texas
-Complete an approved six-hour training course on notary public procedures
-Submit a Notary Public Appointment Application to the Secretary of State’s office
-Take the Oath of Office before a county clerk
-Post a surety bond with the county clerk’s office in the amount of $10,000
-Pay a filing fee to the county clerk’s office
After you have been appointed, you will be issued a commission certificate and official seal by the Secretary of State’s office.
When a Notary Public’s Commission Expires
A Notary Public’s commission expires four years from the date of commissioning.
You will receive a renewal notice by mail from the Secretary of State’s office approximately 60 days prior to your expiration date. The notice will be sent to the address on file with our office.
If you do not receive a renewal notice, please contact our office at 512.463.5705 to update your address. You may also renew online at www.sos.state.tx.us/notary/index.shtml
Renewing a Notary Public Commission
If you are a current Notary Public in the state of Texas and your commission is set to expire, you must renew your commission prior to its expiration date. You cannot renew your Notary Public commission more than 90 days before it expires.
To renew your Notary Public commission in Texas, you must:
-Be at least 18 years of age
-Be a resident of the state of Texas or a resident of a county adjacent to the state of Texas and maintain an office or place of business in Texas
-Not have been convicted of a felony or crimes involving moral turpitude
-Submit a completed and notarized application for renewal, including the required supporting documents
-Pay the required fees
Conclusion
In conclusion, to become a notary in Texas you must:
1. Be at least 18 years of age
2. Be a resident of Texas or a resident of a state that shares a border with Texas
3. Have no felony convictions
4. Complete an approved training course
5. Pass the state notary exam
6. Submit a notary application to the Texas Secretary of State
7. Pay the $40 filing fee