Frequently Asked Questions for Notaries Public

To be commissioned as a notary public in Texas, you must be a Texas resident at least 18 years of age who has not received a final conviction for a crime involving moral turpitude or a felony. If the Office of the Texas Secretary of State (Office) discovers an applicant or notary public is not eligible at any time, the Office must reject a notary application or revoke the notary commission.

If you meet the eligibility requirements, you can learn more about the application process in the How to Apply section of our Notary Public page or you can follow the instructions for submitting an application through our SOS Notary Portal (PDF).

This type of surety bond is a promise to pay for any financial loss due to the actions of a notary. Our Office cannot recommend names of surety bond companies or agencies; however, you may search the words "Texas Notary Public Surety Bond" online to find companies and/or agencies that can provide you with this service.

No. Errors and Omission policies are additional insurance purchased by the notary to protect the notary, and not the public.

The commission certificate will be available as a one-time download from your Notary Portal dashboard once your application is approved. The notary must take their oath and have the certificate notarized. To request a replacement commission, please follow the instructions (PDF) on our website.

No, not at this time.

Please follow the instructions on the Submit or Renew an Application to become a Notary Public guide (PDF).

Yes. A notary public may change the name on their commission through the SOS Notary Portal. You must provide the Office with a Rider or Endorsement from your surety bonding company showing the name change and a $20.00 filing fee is required at the time of submission. You are not required to update your name; however, it is highly suggested.

The filing fee submitted to the Office will be refunded to you. If you wish to appeal the denial in the State Office of Administrative Hearings court, please contact our Office at notarycomplaints@sos.texas.gov.

The Office does not commission or register signing agents. Accordingly, the Office does not have any information on this profession.

Please follow the instructions provided on our website to apply to become a remote online notary public (PDF). You are required to submit a digital certificate and electronic seal as part of the online notary application. Our Office cannot advise, or recommend which platform or company to use for this service.

Please follow the instructions provided on our website to voluntarily surrender your notary public commission(s) (PDF). If you are a traditional notary and a remote online notary (RON) and you surrender your traditional commission, you will automatically surrender your RON commission.

This question requires legal advice and you may wish to consult with an attorney or review the laws in other states. As long as you meet the eligibility requirements to be a Texas Notary Public, (including going through the application process and being approved), you may perform notarial acts within the state of Texas.

Please login to the SOS Notary Portal and click on My Payments. From here, you will be able to view all of your payments to the Office. You will not have access to receipts for an application paid for by a bonding company on your behalf.

No. The Office is the only agency that can issue universal apostilles in the state of Texas. To find out more about requesting a universal apostille, please visit our Universal Apostille webpage.

Please follow the instructions provided on page 10 of the How to Submit or Renew a Traditional Notary Application guide (PDF).

Please read the step-by-step requirements on our Notary Public webpage in order to obtain the proper documents for your application. Next, please follow the instructions on the how to Submit or Renew a State Employee Notary Application guide (PDF).

Please contact your HR department to submit the ITV on your behalf using RTI#307200. Please follow our instructions for Submit or Renew a State Employee Notary Application (PDF).

No. Tex. Atty. Gen. Op. LO-88-34 indicates 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.

A notarial certificate is a written statement at the end, or attached, to a document that a notary notarizes. The statement includes the type of notarization taking place, the location, the date, who the signers are, and must include the notary's signature and seal. There are different types of notarial certificates for different transactions. A notary cannot select the type of notarial certificate used for any document unless they are also an attorney. You can review the sample forms of notarial certificates provided on our website.

A principal is an individual whose signature is notarized or an individual who takes an oath or affirmation from a notary.

Yes. A Texas notary public is required to maintain a record book. The record book must include the follow details:

• The date of the document.
• The date of the notarization.
• The name and address of the signer(s) and/or witnesses.
• The method used to identify the signer(s) and/or witnesses whose signatures are being notarized; if identifying a signer by a credible witness, you must record the credible witness's name and address as the identification method.
• A brief description of the document.

If land is being conveyed or transferred, the record must also include the name and mailing address of the original grantee, as well as the county where the land is located.

While it is not required to record the signatures of the signers and/or witnesses in the record book, it is highly recommended.

A notary cannot record any identifying numbers from the signer's identification card, driver's license, or passport in their record book. However, a notary is permitted to record numbers related to the addresses of the document's signers.

Please review the Tex. Gov't Code §406.014 and 1 TAC §87.40 for more information.

Yes. According to Tex. Gov't Code §406.014, notary record book entries are public information. Notaries must provide certified copies to anyone who requests them and pays the fees. It is advisable to make requests in writing by sending a certified letter to the notary. If the notary fails to respond or provide the copies, you can file a complaint with the Office and include the proof of your request as supporting evidence.

A notary must respond to a written request for copies of their record book within ten (10) business days from the date of receipt of the fees. If a notary cannot provide the requested copies, a notary must still provide a response to the requestor informing the requestor the notary cannot provide the copies within ten (10) business days from the date of receipt.

According to Tex. Atty. Gen. Op. GA-0723, an employer does not own a notary's record book or seal, even if they paid for them. A notary must maintain a record book of all notarizations and use a seal for official acts. This record book is public information, and the notary must provide copies upon request.

The state issues a notary commission for four years, regardless of who paid the fees, so employers cannot keep an employee's commission.

If your employer retains your seal, record book or commission after you leave your job, show them Texas Attorney General Opinion GA-0723. If they still refuse to release your items, make copies of your record book pages for future requests, obtain a new seal, and start a new record book. If your employer does not release your commission, you may contact the Office for a replacement of the commission.

A notary is required to keep, in a safe and secure manner, copies of the records of notarizations performed for the longer of: 1) the term of the commission in which the notarization occurred; or 2) three years following the date of notarization. The best practice, however, would be for the notary to permanently maintain copies of the records. If at the end of the required timeframe the notary prefers to no longer keep the records, the notary must turn in the records to their local county clerk's office.

When the commission of a notary public expires, and you do not wish to renew your commission, the notary seal should be destroyed to prevent possible misuse by another individual. The notary should turn in their notary record book to their local county clerk's office. The notary should take the same actions if they surrender their commission, or their commission is revoked.

There is no specific prohibition against notarizing a spouse's or relative's signature or notarizing for a spouse's business. 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. The Office cannot advise you on this matter. Please contact an attorney.

Yes. In fact, there are statutes that specifically permit such notarizations. For example, §121.002 of the Texas Civil Practice and Remedies Code authorizes an employee of a corporation to take an acknowledgment of a written instrument in which the corporation has an interest. In addition, §199.002 of the Texas Finance Code specifies that a notary public is not disqualified from performing a notarization of a document, solely because of the notary public's ownership of stock or participation in or employment by a state trust company that has an interest in the underlying transaction.

No. Notaries public are not permitted to notarize recordable documents. Recordable documents, including birth certificates, marriage licenses, death certificates, and/or divorce decrees, cannot be notarized. Recordable documents are documents that are within a government agencies official record, hence, "recorded." Certified copies of recordable documents may be obtained by contacting the government agency that maintains record of the document.

A notary may, however, make a certified copy of a non-recordable document. A non-recordable document is one that cannot be recorded with a governmental entity.

No. The person for whom a notarization is performed must personally appear before the notary public at the time the notarization is performed.

Yes. A notary public has statewide jurisdiction and may perform notarial acts in any county in Texas.

No. A notary public who is not an attorney, can only complete the notarial certificate that is already on the document. Choosing a notarial certificate for a document is practicing law. Instead, the notary may allow the person for whom the notarization is performed to choose among the sample certificates provided to the notary with the notary's commission. The notarial certificate must be in a language the notary can read and understand.

Regardless of which notarial certificate is used and however it is worded, the notary public has a duty to make sure that the information contained in the notarial certificate is a true and accurate reflection of the notarization which the notary performs.

Yes, but you must include notice containing the following statement with the advertisement:

"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."

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. Use of the phrase "notario publico" is prohibited.

A credible witness is someone who has no monetary, or personal benefit in the execution of the document and acts as identification for someone who has no valid identification card or passport. Typically, a signer must personally know the notary or present a non-expired U.S. state or federally issued identification card or passport to a notary as part of the notarization process; if an unknown signer does not possess a valid identification card, a credible witness can accompany the signer as their "identification" for the notarization.

Every commissioned notary public has a duty to safeguard their materials. However, if your notary seal or record book has been misplaced or lost, please log in to the SOS Notary Portal and follow the instructions for managing your notary record. Please provide details of the circumstances in which the materials went missing, the last time you used it, and any other relevant information as part of reporting the lost materials. 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 notice.

You must get a new book and/or seal/stamp before you resume providing notarial services.

A notary must sign the notarial certificate using the same name that is listed on the commission issued by the Office.

The individual signing the document may sign in whatever manner they choose. The name or manner of signing used by the signor is not the responsibility of the notary public. However, the notary public does have a responsibility to make sure that the information contained in the notarial certificate is accurate. For example, if John Doe appears before the notary public and signs the document with an "X", the notary public should still state in the notarial certificate that John Doe personally appeared on a given date.

Any Texas notary may perform an electronic notarization. An electronic notarization must meet all the requirements of a traditional notarization, such as the requirement that the signer personally appeared before the notary to acknowledge the document. In addition, the notary's electronic seal must reproduce the required elements of the notary seal.

Electronic notarizations are not considered online notarizations, therefore cannot be performed through video or audio conference.

For more information related to electronic notarizations, please review the Texas Uniform Electronic Transaction Act §322.011.

Texas law does not authorize notaries public to certify an I-9 Form, and the Form itself does not contain a notarial certificate. Therefore, notaries should not notarize an I-9 Form.

Yes. The Texas Attorney General’s office has issued an opinion supporting the authority of a private employer to limit or prohibit the notarial activities of its employees during work hours. Tex. Atty. Gen. Op. GA-0723.

A notary may or may not have the authority to perform notarizations while on a military base or reservation. Please consult with a private attorney to determine whether the property was ceded; you may also contact the Office to determine if a record of the deed of cession was filed. For more information, please review Tex. Atty. Gen. Op. JC-0390 (2001).

No. The Governor's temporary suspension of section 121.006(c)(1) of the Texas Civil Practice & Remedies Code terminated effective 12:01 a.m. on September 1, 2021.

Texas Government Code §406.024 specifies the maximum fees for an official act performed by a notary public. A lesser fee is allowed or no fee at all may be charged. Excessive fees are grounds for disciplinary action.

Texas Government Code §406.024 specifies that the notary public or the notary’s employer may charge the specified fees.

An online notary public must replace an electronic seal or digital certificate that is expired, or no longer valid. The notary public shall provide a copy of the new seal, or certificate to the Office within ten (10) days of the replacement through our SOS Notary Portal. Please follow the instructions provided on our guide of how to Manage Your Commission (PDF).

Online notarization is a notarial act performed by an online notary by means of two-way video and audio conference technology that meets the standards adopted by the Office for such actions including credential analysis and identity proofing.

Credential Analysis is a process by which the validity of a government-issued identification credential is affirmed by a third-party through review of public and proprietary data sources.

Identity Proofing is the process by which the identity of an individual is affirmed by a third-party through review of public and proprietary data sources.

A digital certificate is a computer-based record or electronic file issued to an online notary public for the purpose of creating an official electronic signature. To obtain a digital certificate, please search online for a third-party company who is able to issue an x.509 compliant digital certificate that meets the standards as defined in 1 TAC §87.4. The Office cannot make recommendations, or provide a list of companies to choose from.

An electronic seal is an image that maintains the same information as a traditional notary stamp, but in electronic format and is applied during online notarizations.

Yes. Every online notarization must be recorded in the notary's electronic record book and the record must include the information required by Tex. Gov't Code §406.108, including a recording of any video and audio conference that is the basis for satisfactory evidence of identity and a notation of the type of identification presented as evidence.

Texas Government Code §406.111 specifies the maximum fees an online notary may charge for a notarization. A notary may charge a lesser fee or no fee for online notary services. Excessive charge of fees are grounds for disciplinary action.

No.

An online notary's term runs concurrently with the term of that notary's traditional commission. For example, Jane Doe, a traditional notary, holds a commission that expires on January 16, 2019, and obtains her commission as an online notary on September 1, 2018. Jane Doe's online notary commission will expire on the same date as her traditional notary commission, January 16, 2019. When it is time to renew her online notary public commission, Jane Doe must renew her traditional notary public commission before renewing the online commission if she wants to continue to act as an online notary public, as the term of the online commission runs concurrently with the term of her traditional commission. If Jane Doe no longer wants to perform online notarizations, she has the option of renewing her traditional notary public commission and not renewing her online commission.

Five (5) years from the date of notarization.

No. A notary must use the digital certificate and seal that was submitted with their online notary application when performing notarizations.

No. An electronic notarization is not the same as a remote online notarization. In Texas, an electronic notarization (i.e., affixing an electronic or digital signature and seal to an electronic document) may be performed by a traditional notary. Although the signing of the document and notarization are performed electronically, both the notary public performing the notarization and the person signing the document must be physically present at the time of the notarization. Electronic notarizations are authorized by the Uniform Electronic Transactions Act found in Chapter 322 of the Texas Business and Commerce Code.