(A) whose electronic signature is notarized in an online notarization; or. 406.004. Once again Thank you . The term of a notary public expires four years after the date the notary public qualifies. 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 commission is effective as of the date of qualification. (b) The applicant shall also execute the statement of officers as required by Section 1, Article XVI, Texas Constitution. Yes, you do. OATH OF OFFICE. Amended by Acts 1989, 71st Leg., ch. 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. (3) a 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; BOND; OATH. After administering an oath, the lawyers may ask you to leave. DEBRA. Acts 1987, 70th Leg., ch. June 14, 1989; Acts 1999, 76th Leg., ch. 146 0 obj <> endobj The last step is to sign and seal the document. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 3, eff. I think another officer could act as a notary as long as he has no vested interest in the matter. Amended by Acts 1989, 71st Leg., ch. Jan. 1, 1996. For example, properly notarized documents can bind individuals to an agreement indefinitely, make reliable a . Sec. (a) A notary public has the same authority as the county clerk to: (1) take acknowledgments or proofs of written instruments; (2) protest instruments permitted by law to be protested; (5) certify copies of documents not recordable in the public records. Amended by Acts 1995, 74th Leg., ch. 147, Sec. Sec. 406.105. 1276, Sec. (7) "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. 19, eff. A Texas notary is a public officer appointed by the Texas Secretary of State to serve the public as an impartial witness to signing of documents. Sept. 1, 1995. 1, eff. Sept. 1, 1997. (4) the identifying number assigned to the notary public. (d) 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. 12 See, Texas Practice, County & Special District Law, 7.4 13 TEX. 220), Sec. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. It is not sufficient for a Texas notary to merely stamp and seal a document with his or her notary stamp when performing a notarization. The following arequestions commonly asked by notaries regarding the office of notary public. Sec. 325, Sec. Justices of the Peace Police/Peace Officers, and ; Zoning/Planning Commission Members; County Officials, including County Clerks, County Commissioners, County Judges . notary.) 406.102. If you are performing a notarization for a . 2.002, eff. 1218, Sec. (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. (c) The secretary of state may provide for the appointment of county clerks as deputy custodians for the limited authentication of notary public records deposited in the clerks' offices. September 1, 2017. Sept. 1, 2003. 514, Sec. The signer may either sign the document prior to or in the notarys presence. (B) taking an oath or affirmation from the online notary public but not in the capacity of a witness for the online notarization. Please report any notaries public disobeying these rules to the Office of the Secretary of State. 147, Sec. Sec. How do I contact the Texas Secretary of State? Sept. 1, 1989. 406.111. 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. Sec. 653, Sec. (c) 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. Take the oath of office before another notary and keep the form in your records. Sept. 1, 1987. 435), Sec. Sec. A Texas notary is a public officer appointed by the Texas Secretary of State to serve the public as an impartial witness to signing of documents. 4, Sec. 1, eff. 147, Sec. (7) the fee, if any, charged for the notarization. 602.003. A deposition is usually taken outside of a court in advance of atrial orhearing. I remember my friend Sebastian M. Lopez, Notary Public with Lone Star Notary calling about this launch a couple of years My journals are enroute! Sec. The protestor will describe why the instrument was dishonored, and the document will state the reasons for the refusal. Sec. According to Texas law, you must provide notification of any changes to your business address or business phone number, as well as your home address or home phone, within 10 days of the change. 766 (H.B. APPLICATION; QUALIFICATIONS. (a) The applicant must submit to the secretary of state: (1) a fee of $10 for approving and filing the bond of the notary public, if required; and. Sept. 1, 1987. 912 (S.B. If the document is signed, the notary must witness the signer sign the document again in his or her presence. 406.016 authorizes Texas notaries to take written depositions in Texas. NPC was on diversion the other night. (5) meeting the eligibility requirements. (c) An online notary public may use the online notary public's electronic signature only for performing online notarization. I was there around 2100. I will make a note that the renewal will come in January 2022. Katrina C. on LinkedIn: #recordkeeping #notaryjournal #notarypublic #signingagents (5) "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. Sept. 1, 2003. SEAL. Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 1, eff. 1250 (H.B. 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. A notary should decline to certify a copy if the original is altered. Acts 2015, 84th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Making a false statement under either is a criminal offense called perjury. var addy511a4a52cb6c9e16649d58f78b5e9571 = 'info.tx' + '@'; Thank you so much. 3, eff. Please select a state to perform a search. 10, eff. Navigating the web site is so easy. Jan. 1, 1996. Even though it is rare that a Texas notary is called upon to take a deposition, you need to have a basic knowledge of how to take a deposition and administer an oath to a deponent in case the need arises. 5, 6, eff. (c) Repealed by Acts 1995, 74th Leg., ch. APPOINTMENT PROCEDURE--STATEMENT. (a) An online notary public shall keep a secure electronic record of electronic documents notarized by the online notary public. (C) identity proofing of the person described by Paragraph (A). (e) A notary public may maintain the records required by Subsection (a) electronically in a computer or other storage device. In this subchapter: (1) "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. Though we will sometimes provide information regarding notaries' best practices, federal laws and statutes, and the laws and statutes of each state, we have gathered this information from a variety of sources and do not warrant its accuracy. 1, eff. JURISDICTION. 406.018. 406.020. 406.010. 6.05, eff. All our Texas notary stamps and seals are made in house and come with a life-time warranty. 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. 1171, Sec. An individual qualifies by: (1) properly completing the application form; (4) paying the required filing fees; and. I am . The secretary of state has the burden of proof, and the trial is conducted de novo. We can't go around signing off as notaries on general public documents. Thank you again and God Bless. OATH MADE OUTSIDE UNITED STATES. (a) A notary public other than a court clerk notarizing instruments for the court shall keep in a book a record of: (1) the date of each instrument notarized; (3) the name of the signer, grantor, or maker; (4) the signer's, grantor's, or maker's mailing address; (5) whether the signer, grantor, or maker is personally known by the notary public, was identified by an identification card issued by a governmental agency or a passport issued by the United States, or was introduced to the notary public and, if introduced, the name and mailing address of the individual introducing the signer, grantor, or maker; (6) if the instrument is proved by a witness, the mailing address of the witness, whether the witness is personally known by the notary public or was introduced to the notary public and, if introduced, the name and mailing address of the individual introducing the witness; (7) the name and mailing address of the grantee; (8) if land is conveyed or charged by the instrument, the name of the original grantee and the county where the land is located; and. Acts 1987, 70th Leg., ch. Drop off all completed application materials at TEEX ILEPSE 1500 4th Street, Texas A&M-RELLIS Building 7751, Bryan, TX 77807 before March 6, 2023 (for Spring II 2023). 406.111. 406.013. With our guidance and expertise, you will become (b) 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 Subsection (d); and. A Texas notary is a public officer appointed by the Texas Secretary of State to serve the public as an impartial witness to signing of documents. 406.023. Thank you for your patience and assistance. (a) A person commits an offense if, with intent to deceive, the person knowingly: (1) files a false report of a missing child or missing person with a law enforcement officer or agency; or (2) makes a false statement to a law enforcement officer or other employee of a law enforcement agency relating to a missing child or missing person. If this is your first visit be sure to check out the frequently asked questions by clicking here. However, the notary is required to ask the signer to acknowledge signing the document freely and willingly and for the purpose stated therein. Amended by Acts 1989, 71st Leg., ch. NOTARY PUBLIC; COMMISSIONER OF DEEDS. Texas Signing Agent Errors and Omissions Insurance. Sec. Acts 1987, 70th Leg., ch. 1683), Sec. 1, eff. 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