Notary Public Legal Responsibilities

The basic requirement for a notary is that he be at least 18 years old and reside in the state in which he is authorized. You also do not have to have a criminal record for misdemeanors and/or crimes. A tax under this Chapter is not payable to a person until an employee or officer has submitted or is prepared to produce a written invoice detailing the tax to the person liable for the tax. The invoice shall be signed by the registrar or official who is entitled to or invoices the fee, or by the successor or legal representative of the registrar or official. The notary is obliged to verify the identity of the persons who sign the legal document, either by personal knowledge or by reference to identity documents such as a driving licence or passport. After verification, the parties involved are registered in the notarial register, also known as the protocol. Tex. Gov`t. Code Ann.

§ 406.014 requires a notary to keep a register of books. This register must be kept whether or not a fee is charged for your notary services. The following section provides the notary with a list of prohibited acts that a notary cannot perform in the performance of his or her duties. If a notary does any of the following, he or she may be subject to criminal prosecution, civil liability, including under the Fraudulent Business Practices Act, and revocation or suspension of his or her mandate. If the document presented to the notary is not signed, the notary must have it signed by the signatory before the oral ceremony (see below). The oath or insurance deeds MUST be signed in the presence of the notary. This follows from the common language of jurat (notarial deed for an oath/affidavit); Example: “Registered [signed] and sworn/confirmed before me this (date) day of (month), (year)”. The main task of a notary is to verify the authenticity of legal documents and create an environment of trust for the parties to an agreement. Legal documents must meet the minimum requirements to be notarized. Some of the requirements include a declared undertaking, the original signatures of the parties to the agreement, and photo identification of the signatories. The signatory must be PERSONALLY known to the notary or provide satisfactory proof of identity. One of the main tasks of the notary is to establish beyond any doubt that the person who came for a notarial deed is the same person named in the deed as the signatory.

The signatory must either be personally known to the notary (regular interaction over time has given the notary a deep belief in the person`s identity); or the signatory must provide satisfactory proof of identity, such as a government-issued driver`s license. The documents that a notary can accept as satisfactory proof of identity vary from state to state, but all states allow a current driver`s license. Some States also permit the use of one or two credible witnesses to vouch for the identification of a signatory, subject to the ability of the credible witness or witnesses to swear honestly by a number of statements about the signatory. * (Currently, California prohibits relying solely on personal knowledge – satisfactory proof of identity must always be provided.) Notaries are prohibited from certifying copies of documents the true originals of which are civil or public status documents. These include birth certificates, death certificates, and marriage certificates. The originals of these documents are held by government agencies such as district officials or the State Department of Vital Statistics. Only the government agency that holds the public original or civil status may make certified true copies. The Office of the Secretary of State would like to thank the Texas Young Lawyers Association for allowing us to use excerpts from their previous publication, Texas Notary Public Handbook.

It is important that you understand the legal responsibilities of a notary and the role these professionals play in signing important documents. Therefore, you need to make sure that you choose the right notarial services that meet your needs. When considering hiring a notary or signatory notary, look for those who offer quality customer service and professionalism to ensure the proper execution of relevant documents. Yes. The firing officer (“notary”) shall: record the witness` testimony under oath in response to written questions and prepare, confirm, and deliver the transcript of the testimony in accordance with Rule 203 of the Texas Rules of Civil Procedure.