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State of Texas Notary Seal

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Each Texas Notary Public is required to have and to use a Texas Notary Public Seal. The seal must be kept in a locked and secured area, under the direct and exclusive control of the notary public and must not be surrendered to an employer upon termination of employment, whether or not the employer paid for the seal, or to any other person. Because of the legal requirement that the seal be photographically reproducible, the rubber stamp seal is almost universal; however, notaries public may use an embosser seal in addition to the rubber stamp. The legal requirements for a seal are shown below.

 

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Texas Notary Seal Requirements

 

        A notary public shall provide a seal of office that clearly shows, when embossed, stamped, or printed on a document, the words "Notary Public, State of Texas" around a star of five points, the notary public's name, and the date the notary public's commission expires. The notary public shall authenticate all official acts with the seal of office.

        The seal may be a circular form not more than two inches in diameter or a rectangular form not more than one inch in width and 2Ω inches in length. The seal must have a serrated or milled edge border.

        The seal must be affixed by a seal press or stamp that embosses or prints a seal that legibly reproduces the required elements of the seal under photographic methods. An indelible inkpad must be used for affixing by a stamp the impression of a seal on an instrument to authenticate the notary public's official act.

        Subsection (c) does not apply to an electronically transmitted authenticated document, except that an electronically transmitted authenticated document must legibly reproduce the required elements of the seal.

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TEXAS NOTARIAL DEFINITIONS

TEXAS NOTARY ACKNOWLEDGMENT: A formal declaration before an authorized official, such as a notary public, by someone who signs a document and confirms that the signature is authentic. Also, the certificate of the officer on such instrument indicating that the document has been so acknowledged.

TEXAS NOTARY AFFIDAVIT: A voluntary declaration of facts, written down and sworn to or affirmed by the declarant (ìaffiantî) before a Notary Public or other officer having the authority to administer an oath.

TEXAS NOTARY AFFIRMATION: The act of affirming the truth of a document, not an oath. "I solemnly affirm and declare the foregoing to be a true statement...î Note that an affidavit may appear in two forms: a sworn affidavit with oath, or an affirmed affidavit with affirmation. Each has the same legal import.

TEXAS NOTARY JURAT: A certification added to an affidavit or document stating when, where and before whom such affidavit was made.

TEXAS NOTARY OATH: A solemn declaration, accompanied by a swearing to God or a revered person or thing, that oneís statement is true or that one will be bound to a promise. The person making the oath implicitly invites punishment if the statement is untrue or the promise is broken.

TEXAS NOTARY PROTEST: A Notary Publicís written statement that, upon presentment for payment or acceptance, a negotiable instrument was neither paid nor accepted.

TEXAS NOTARY VERIFICATION: A formal declaration by which one swears to or affirms the truth of the statements in a document. Also, the statement of a Notary Public that the person appearing before the notary has been properly identified as being the person purported to be appearing.

Notary Public - Texas Secretary of StateThis is the main webpage for the Notary Public Section of the Texas Secretary of State. It contains lots of very useful information including state laws concerning Texas Notary Publics.

TEXAS NOTARY JOURNAL / RECORD BOOK AND PUBLIC RECORDS

Tex. Gov't. Code Ann. ß 406.014 requires that a Notary Public maintain a record book. This record book must be maintained whether or not any fees are charged for your notary public services.

A TEXAS 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; (2) the date of the notarization; (3) the name of the signer, grantor, or maker; (4) the signer's, grantor's, or maker's residence or alleged residence; (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 residence or alleged residence of the individual introducing the signer, grantor, or maker; (6) if the instrument is proved by a witness, the residence 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 residence of the individual introducing the witness; (7) the name and residence 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 (9) a brief description of the instrument.

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Texas Notary Public

What is a Texas Notary Public?

A Notary Public is a public servant with statewide jurisdiction who is authorized to take acknowledgments, protest instruments permitted by law to be protested (primarily negotiable instruments and bills and notes), administer oaths, take depositions, and certify copies of documents not recordable in the public records.

A Notary Public is, in the true sense of the word, "a public servant" and "an officer of the State of Texas", conveniently located in the community so that the notary may be of service to the public. Each Notary Public takes an official oath of office to faithfully perform the duties of the office, and to insure such performance, a notary public is required to post a $10,000.00 bond with the Secretary of State.

What is the purpose of a Texas Notary Public? Responsibilities?

The primary duty of a Texas Notary Public is to show that a disinterested party (the Notary Public) has duly notified the signer of an instrument as to the importance of such document, and the signer of such document has declared that the signerís identity, signature, and reasons for signing such instrument are genuine. The signature and seal of a Notary Public do not prove these facts conclusively, but provide prima facie proof of them, and allow persons in trade and commerce to rely upon the truth and veracity of the Notary Public as a third party who has no personal interest in the transaction.

Texas Notary Public Liability

A Notary Public is personally liable for negligence or fraud in the performance of the duties of the office. The bond is to insure that the person injured can recover at least $10,000.00, but this does not protect the Notary Public from personal liability for the full extent of damages caused by a breach of official duty. In addition to civil liability, Notaries Public may be subject to criminal prosecution and the revocation or suspension of their notary public commission by the Secretary of State's office.

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