When is a notary public necessary

However, notarizations should not be performed by a notary public who is a party to the instrument or financially or beneficially interested in the transaction.

The facts in each situation will determine whether the notary's action was proper. In fact, there are statutes that specifically permit such notarizations.

The Texas Attorney General's office issued a letter opinion in indicating that a notary public who is employed by a governmental body may refuse to take acknowledgements for the general public and must refuse when doing so would interfere with the employee's discharge of his or her duties as a public employee. Birth certificates and marriage licenses are publically recordable documents. Recordable documents are recorded with some specific governmental entity, such as the secretary of state's office, a court of law, a county clerk, or the Bureau of Vital Statistics.

A certified copy of a recordable document may be obtained by contacting the recording entity. A notary cannot make certified copies of recordable documents. A notary may, however, make a certified copy of a non-recordable document. A non-recordable document is one that cannot be recorded with any type of governmental entity. For instance, a letter is not recorded with anyone, but there are times the sender of the letter would like to maintain a certified copy of that letter for his or her file.

The person for whom a notarization is performed must personally appear before the notary public at the time the notarization is performed. A notary public has statewide jurisdiction and may perform notarial acts in any county in the state of Texas. A notary public who is not an attorney should only complete a notarial certificate which is already on the document, or type or attach a certificate of the maker's choosing. If a notary public were presented with a document that did not contain a certificate and decided which certificate to attach, that notary public would be "practicing law.

The notarial certificate must be in English. In addition to containing the above statement, the notice must be conspicuous, be in both English and the language of the advertisement, and must include the fees that a notary public may charge.

A lesser fee is allowed or no fee at all may be charged. Excessive fees are grounds for disciplinary action. After obtaining the notarized documents, follow the instructions stated in the answer to Question 23 below. You may obtain an official certificate or apostille on a document notarized by a Texas notary public from the Authentications Unit of the secretary of state.

Detailed information pertaining to the procedure for requesting certificates or apostilles may be found on our web site. The Texas secretary of state cannot provide certification for notaries commissioned outside the state of Texas.

However, if your notary seal or record book has been misplaced or lost, send a letter to this office detailing the circumstances in which the materials went missing, the last time you used it, and any other relevant information. If any of your notary materials have been stolen, you should file a report with your local law enforcement office and enclose a copy of that report with your letter to this office.

Send the letter to the Notary Public Unit, P. Box , Austin, Texas or by email. Remember that you have a duty to record every notarial act in your record book. Therefore, if your notary record book is lost or stolen, you must get a new book before you resume providing notarial services. Similarly, you must get a new seal if your seal is lost or stolen, as notaries are required to affix their seals to all official acts they perform.

A notary must sign the notarial certificate using the same name that is listed on the commission issued by the secretary of state. However, as long as the name matches, the signature of the notary may be printed, written, typed, stamped, etc. The name or manner of signing used by the signor is not the responsibility of the notary public. While this is essential for persons of all ages, it is particularly important for the elderly or infirm.

If you do not understand the details of your transaction, or you aren't sure you want to sign the paper in front of you, take steps to address these issues before going to a Notary appointment. In most states, the maximum fees Notaries may charge are set by law.

You can also check your state Notary regulating agency's website usually the Secretary of State's office to find out what the notarization fees are. Travel and convenience fees for mobile Notary services may or may not be governed by state law. Most mobile Notaries will charge a separate fee for these services. Make sure you discuss and agree on any additional fee s before the Notary travels to your location.

When you're preparing for a notarization, double-check that you have all essential items for the process to go smoothly. Here is what you'll need to bring with you when getting something notarized:. Virtually any document can be notarized. However, exceptions are vital records such as a birth, marriage and death certificates. Notaries can't make or certify copies of these records. You must go to the government agency that issued the certificate to get copies. In most cases, customers are dealing with papers containing highly sensitive information when seeking the services of a Notary Public.

So, it's important to find a qualified Notary who understands your state's laws. Look out for a few red flags before using a Notary's services. They lower the risks of doing business by helping prevent fraud.

An official signature, seal, and embossing stamp signifies that the persons involved were the ones who understood the document and signed it. While a notarized document does not mean that the provisions in a document are legal, it does reinforce the veracity of documents in court. Most documents that are notarized can be broken down into three major types: financial, legal, and business. Banks, investment firms, title companies, and other financial institutions require notarization for a wide variety of documents and processes.

Financial documents that require notarization can include:. Documents that deal with legal ownership and responsibility are some of the most frequent documents that need to be notarized.

These can include:. Businesses also need notary services. While not every important document that a business uses needs to be, most can be notarized. These documents can include:. Notaries have strict rules and guidelines they must follow when notarizing a document. If a document does not fit those standards, it cannot be notarized. These prohibitions are there to protect the public, as well as ensure the credibility of the notary. Notaries will never authenticate or validate objects. They are not allowed to notarize their own signatures or serve as a notary if they are a party to the situation.

Notaries can also refuse service if a signer is unable or unwilling to pay any required fees, if the request is made outside of your regular office hours, or violates your established workplace guidelines. As long as a notarial act is lawful and has met accepted standards, the notary should perform a notarization. There are times when it is inappropriate for a notary to refuse a notarization.

There are times when a notary might be responsible for notarizing a controversial document related to such topics as same-sex unions, assisted suicide, the use of medical marijuana, or abortion. Notarizing a document does not mean you personally agree with or condone the contents of the document. A notary is only an impartial, third-party witness that verifies the identity of the signer s. Notaries are also responsible for administering oaths. Much like the notarization of documents, notaries may not withhold this service based on their personal beliefs, political affiliation, or bias.