General Notarial Acts: Navigating the world of notarization can be confusing. We’ve compiled this comprehensive FAQ to provide clear and concise answers to your most frequently asked questions about Texas notary laws and practices. From the basics of what a notary does to the specifics of document types and permissible actions, we aim to demystify the notarization process.
Q: What are the primary duties of a Texas notary public?
A: A Texas notary public is authorized to perform the following acts:
- Taking acknowledgments: Verifying the identity of a signer and their voluntary signature on a document.
- Administering oaths and affirmations: Swearing a person to truthfulness.
- Taking verifications on oath or affirmation: Witnessing the signing of a document and administering an oath or affirmation.
- Witnessing or attesting signatures: Certifying that a signature was made in the notary’s presence.
- Protesting negotiable instruments: Officially certifying the dishonor of a check or promissory note (rarely performed by most notaries).
- Certifying copies of certain documents: Attesting that a copy is a true and accurate reproduction of an original document (with limitations).
Regarding Legal Advice and Document Preparation:
Q: Can a Texas notary public provide legal advice?
A: Absolutely not. A Texas notary public is strictly prohibited from providing legal advice. This includes:
- Interpreting legal documents.
- Explaining the legal effects of a document.
- Recommending specific courses of action.
- Drafting legal documents.
- Giving opinions on the legality or validity of a document.
Q: Can a Texas notary public help me fill out a form?
A: Generally, no. A notary can only notarize a document that is already complete. They cannot assist in filling out the form itself, as this could be construed as giving legal advice. However, a notary can do the following:
- Notarize a completed form that you have filled out yourself.
- Direct you to resources where you can obtain assistance in completing the form (e.g., government websites, legal aid societies).
Q: Can a Texas notary public tell me if my document is complete or correct?
A: No. A notary’s role is to verify identities and witness signatures, not to judge the content or completeness of a document. They cannot:
- Review a document for errors or omissions.
- Advise you on whether a document meets legal requirements.
- Give an opinion on the legal effectiveness of a document.
Regarding Specific Document Types:
Q: Can a Texas notary public notarize a will?
A: While Texas law does not require a will to be notarized for it to be valid, having a will notarized (making it “self-proving”) can simplify the probate process. A notary can notarize the signatures on a will.
Q: Can a Texas notary public certify copies of birth certificates, marriage licenses, or death certificates?
A: No. These are vital records, and only authorized government agencies can issue certified copies. A Texas notary can only certify copies of non-public documents.
Q: Can a Texas notary public notarize a document in a foreign language?
A: Yes, a notary can notarize a document in a foreign language, as long as the notarial certificate (the wording the notary adds) is in English. However, it’s important to understand:
- The notary is not responsible for understanding the content of the foreign language document.
- The signer must understand the document they are signing.
Q: Can a Texas notary public notarize a signature on a document if the signer is not physically present?
A: Generally, no. Traditional notarization requires the signer to be physically present before the notary. However, Texas law allows for remote online notarization (RON), where the signer and notary interact via audio-video technology.
Regarding Remote Online Notarization (RON):
Q: What is Remote Online Notarization (RON)?
A: RON allows a signer to appear before a notary public using audio-video communication technology over the internet. This offers a convenient alternative to traditional in-person notarization.
Q: Does Texas allow RON?
A: Yes, Texas has specific laws and rules governing RON. Notaries must be authorized by the Texas Secretary of State to perform RON.
Q: What are the requirements for RON in Texas?
A: Key requirements include:
- The notary must be physically located in Texas at the time of the notarization.
- The signer must positively identify themselves through approved methods (e.g., credential analysis, knowledge-based authentication).
- The notarization must be recorded and stored securely.
Regarding Fees:
Q: Can a Texas notary public charge a fee for their services?
A: Yes. Texas law sets maximum fees that notaries can charge for each notarial act It is illegal for a notary to charge more than the statutory fee.
Q: Are there any exceptions to the fee rules?
A: Yes, notaries cannot charge a fee for notarizing an election-related document.
Important Disclaimer: This FAQ is for informational purposes only and does not constitute legal advice. If you have legal questions, you should consult with a qualified attorney. This information is based on current Texas law and is subject to change. Always refer to the Texas Secretary of State’s website for the most up-to-date information on notarial laws and procedures.