If you are at least 18 years old, are a Texas Resident, and have not been convicted of a felony or crime involving moral turpitude, then you may become a Texas Notary. Additionally, if you are an escrow agent working in a state adjacent to Texas, you may also become a Texas Notary.
A notary, also called a notary public, is a person authorized to witness the signing of legal documents, usually concerned with deeds, estates, licenses, power of attorney, affidavits, and trusts. As a publicly commissioned official, a notary is tasked with verifying the authenticity of documents, and they serve as impartial witnesses when signing legal documents.
After you complete your application, it can take 30 days to receive your commission certification from the Texas Secretary of State. It can also take another 10 days to receive your customized notary stamp after the State gets a copy of your commission.
Who is a notary?
A notary is a publicly commissioned official who serves as an impartial witness to the signing of a legal document. Document signings where the services of a notary are generally necessary are real estate deeds, affidavits, wills, trusts, powers of attorney, bills of sale, or other official transactional documents. The main reason a notary is used is to deter fraud.
Before signing a document, notaries ask for photo identification from the participating parties. A notary can refuse to authenticate a document if they are uncertain about the identity of the signing parties or if there is evidence of fraud. The document then receives a notarial certificate and the seal of the notary who witnessed the signings.
Duties of a Notary
The main role of a notary is to verify the authenticity of legal documents and create a trustworthy environment for parties to an agreement. The legal documents must meet the minimum requirements to be notarized. Some of the requirements include a stated commitment, original signatures from the parties involved in the agreement, as well as photo identification of the signatories.
If a notary is satisfied that the document meets all the requirements, he/she awards a notarial certificate and appends the seal of the notary on the document. However, if a legal document does not meet the requirements or the identity of the participating parties is uncertain, a notary may refuse to authenticate the document.
Other duties of a notary include the following:
- Identifying fraud
- Affirming the state of mind of participating parties
- Verifying and recording the identification of agreement participants
- Completing notarial certificate on all documents
- Bearing witness to documents/items in a safe deposit box
- Maintaining a notary journal
- Administering oaths
- Taking affidavits and statutory declarations
- Handling loan documents, contracts, marriage certificates, and other legal documents
Where can I notarize a document?
Many notaries provide their services and create listings or web pages with contact information. Many packaging stores, postal centres, postal services, and copy centres have notaries employed. Some places you can get a document notarized are:
- Post offices
- Banks and credit unions
- Real estate firms
- Tax and accounting Offices
- Libraries
- Colleges
- Shipping stores
You can also look online for online notaries in your area. Some states began exploring electronic and remote notary options during the COVID-19 pandemic. Many states have enacted legislation authorizing Remote Online Notarization (RON) following the Covid-19 outbreak and pandemic.
Using RON, you can access the services of a notary online from anywhere as long as your state’s requirements are met. Most states place regulatory compliance on the office of the Secretary of State—you can check with your Secretary of State to see if RON is available.
How to become a notary
The steps to becoming a notary vary from state to state. In general, notaries must be at least 18 years old and reside in the state where they are licensed.
Costs to become a notary include training, supplies, a bond, and the oath of office. Notaries cannot give legal advice and can be fined for doing so. They are also not to act in situations where they have a personal interest.
Requirements vary, but in general, most states require you to:
- Meet all state requirements
- Register for an approved notary course and attend it
- Pass an exam
- Complete an application, get it notarized and submit it with any required documentation
- Upon approval, take your oath of office, pay a fee, and buy your notary seal
Additionally, many states do not allow someone to become a notary if they have a prior felony or misdemeanour conviction.
How to become a notary in Texas
To become a Texas notary, a notary applicant must:
- Be 18 years of age or older.
- Be a resident of the state of Texas.
- Not have received a final conviction for a crime involving moral turpitude or for a felony.
If you meet the above qualifications, you can apply to become a Texas notary by:
- Purchasing the four-year, $10,000 Texas notary bond, and paying the state filing fee
- Obtaining your Texas notary public seal and Texas notary record book from a licensed agency.
- Completing a Texas notary application.
- Forwarding the Texas notary application to your agency.
- Waiting for your Texas Notary Public Commission Certificate from the Secretary of State after the application is approved.
- Having the oath of office on your Texas Notary Public Commission completed by an active notary public.
How much does it cost to become a Texas notary?
To become a Texas notary, you must purchase a four-year, $10,000 Texas notary bond and pay the state filing fee. The cost of the notary bond is only $50.00, and the state filing fee is $21.00. You can pay for both at the American Association of Notaries’ website. You also need a Texas notary public seal and a Texas notary record book (prices vary depending on the notary supplies you select), which you can get at the notary stamp website.
Your final step in the application process requires you to pay a notarization fee to a notary public to complete the oath of office on the Texas Notary Public Commission Certificate.
How long does it take to become a Texas notary public?
From the day the State receives your correctly completed notary application, it usually takes 10-14 business days for the Texas Secretary of State to approve the application and email you the Texas Notary Public Commission Certificate. If there is no email address on the notary application, expect it to take a few more business days to receive your commission certificate by mail.
You will need an active notary public to complete the oath of office section on the certificate if you want to be officially considered a Texas notary public.
A Texas notary term lasts four years. To verify when your term begins and ends, you’ll have to look at the effective and expiration dates of the Texas Notary Public Commission certificate that the Secretary of State issued to you. To continue performing notarial acts as a Texas notary after your current expiration date, you’ll have to renew your commission before your notary term expires.
What notary supplies do I need when I become a Texas notary?
When becoming a Texas notary, to perform notarial acts in the state of Texas, you need at a minimum a Texas notary public seal and a Texas notary record book. The Texas Record Book is also referred to as a notary journal. A Texas notary stamp or notary embosser must meet the following requirements:
- It needs to be able to stamp or emboss an impression that is legible under photographic methods.
- It must use permanent ink.
- The stamp or embosser must include the notary’s name, commission expiration date, notary ID number, and the words “Notary Public” and “State of Texas” around a star of five points.
- The stamp or embosser cannot be more than 1″ in width by 2 1/2″ in length if rectangular and not more than 2″ in diameter if round.
What are Notarized Documents?
A notarized document is a document that has been verified and certified by a notary. The notary has a responsibility to verify that all signatures on a document are legitimate to prevent cases of fraud or coercion. The notary verifies a few things when notarizing legal documents, such as:
Identity of the persons appearing before the notary
The notary is required to verify the identity of the persons signing the legal document. They can do this either by personal acquaintance or reference to proof of identity, such as a driver’s license or passport. Once verified, the participating parties are recorded in the notarial register, also called a protocol.
Sound mind
The notary should confirm that the participating parties understand what they are signing and that they are of sound mind before and during the signing of the documents. The person signing should not be intoxicated, medicated, or any other situation that may affect their judgment.
Adult age
The notary should verify that the person appearing to sign the document has attained adult age (18 years and above) and can enter into a binding agreement. If some of the participating parties are minors, the notary cannot notarize the document.
Willing signers
The notary should verify that the signers are willing and capable of signing legal documents and that there are no signs of coercion. If either of the parties is not signing on their free will, it may be a sign that the person is being forced to append their signature on the document.
Notarial Fees
Notarial fees are fees paid to a notary service provider to get a document notarized. Generally, legal documents, such as property deeds, loan papers, powers of attorney, contracts, and affidavits, often require signatures in the presence of a notary public to be considered authentic.
The notary verifies the identity of the participating parties. They also ensure that the parties are of sound mind and are signing the document willingly without coercion.
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