how yo perform notarization

Texas Notary Public Training: How to Perform a Notarization

Introduction

• Overview of the Texas Secretary of State's notary public training video series.

• Objectives of this lesson:

  • Understand the basics of a notarized document.

  • Learn the four steps ensuring a perfect notarization.

  • Identify circumstances under which notarization should be refused.

Role and Responsibilities of a Notary in Texas

Notary Functions

• Witness signatures of signers on documents.

• Take a deposition or notarize a protest.

• Make certified copies of non-recordable documents.

• Notarize acknowledgments.

Document Review

• Importance of carefully reading the notarial certificate to determine:

  • Type of notarization required.

  • Ensure not notarizing statements outside authority.

• Brief review of the document's contents to ensure:

  • No attestation to facts outside notary’s authority.

  • A match with the information in the notarial certificate.

Jurisdictional Limits

• Territorial authority: Statewide jurisdiction in Texas.

• Exceptions:

  • Not able to notarize on U.S. military bases or Indian reservations.

  • Research required if asked to notarize at these locations.

Structure of a Notarized Document

Components of Notarized Documents

1. Body of the Document:

   • Date of the document.

   • Information regarding the purpose of the document.

   • Signatures of the signer(s).

2. Notarial Certificate:

   • Details of whose signature was notarized.

   • Information on when and where the notarization took place.

   • Signature and seal of the notary public.

Notary Responsibilities

• Know the type of notarization presented and perform it correctly.

• Ensure the body of the document is reasonably complete and that the notarial certificate is correctly executed.

• Not authorized to change wording, phrases, or definitions within the body of the document.

• Refusal to Notarize:

  • Required if the document contains statements outside the notary’s authority.

Steps for Performing a Notarization

Four Essential Steps

1. Ensuring the individual signing is personally before the notary.

2. Identifying the signer through a valid form of ID.

3. Recording the notarization in the notary record book.

4. Notarizing and executing a true and correct notarial certificate.

Detailed Explanation of Each Step

1. Personal Appearance:

   • Signer must be in person; cannot notarize via fax, phone, or third-party permission (like a spouse or friend).

   • Video conferencing allowed only if commissioned as an online notary public.

   • Notarizing without personal appearance may lead to charges and revocation of the notary commission.

2. Identifying the Signer:

   • Methods of verification:

   1. Accepting a valid identification card.

   2. Personally knowing the signer.

   3. Oath of a credible witness known to the notary.

   • Valid IDs include:

     • U.S. government or State ID with photo and signature.

     • Types:

     • Driver’s license

     • Non-driver's ID

     • U.S. passport

     • Permanent resident cards

     • Military identification

   • Exceptions allow unexpired foreign passports in residential real estate transactions.

   • Notary must maintain documentation about who the credible witness is if used.

3. Recording the Notarization:

   • Must keep a notary record book that includes:

     • Date and type of notarization.

     • Brief description of the document.

     • Signer’s name and mailing address.

     • Method of identification.

     • Location details if the document involves land conveyance (grantee's name, address, and county).

   • Securely maintain records for ten years, turning them in to local county clerk after that period.

   • Not to share records or lack proper maintenance can lead to consequences from the Secretary of State.

4. Executing Notarial Certificate:

   • Should be completed accurately at the time of notarization.

   • A notarial certificate includes:

     • Signer’s name.

     • Date and location of the notarization.

     • Type of notarization performed.

   • Signatory must sign before the notary affixes the seal.

   • Seal must be applied legibly and in close proximity to the signature but must not overlap any text.

Absence of Notarial Certificate

• If a document lacks a notarial certificate, the notary must not affix their seal or signature.

• Notary can provide examples for clients or request a revised document containing a proper certificate.

Important Considerations and Refusal to Notarize

Facts to Remember

• The signer may choose their notarial certificate; notaries may not select it for them. Doing so could be practicing law.

• Refusal to notarize should be based on:

  • Document intended for unlawful purposes.

  • Unsure of proper procedures or accuracy of the notarization process.

• Signatures should reflect the signer's understanding of the document's impact.

• If there is any indication of coercion or duress, the notary must refuse notarization and suggest an attorney's review.

Conclusion

• Summary of key points about performing notarizations in Texas.

• Encouragement for further notary education through additional videos in the series.