(b) The online notary public shall take reasonable steps to: (1) ensure the integrity, security, and authenticity of online notarizations; (2) maintain a backup for the electronic record required by Subsection (a); and. (a) The secretary of state may, for good cause, reject an application or suspend or revoke the commission of a notary public. Sept. 1, 1987. 1211, Sec. My name is Katrina Caldwell. 2, eff. Have no felony convictions or a crime involving moral turpitude. CHANGE OF ADDRESS. In this chapter, "oath" includes the oath in an affidavit. SIGNING DOCUMENT FOR INDIVIDUAL WITH DISABILITY. 4, Sec. 1, eff. (d) The electronic notarial certificate for an online notarization must include a notation that the notarization is an online notarization. (b) 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 2-1/2 inches in length. IN524 adds a touch of class and professionalism to my notary stationreflects my company well and raises the bar on the way I strive to do businessgiving the customer a little more than expected. WRONGFUL POSSESSION OF SOFTWARE OR HARDWARE; CRIMINAL OFFENSE. (c) Repealed by Acts 2003, 78th Leg., ch. Sec. Sept. 1, 1999. 147, Sec. Please select a state to perform a search. (ii) for each credible witness not personally known to the online notary public, a description of the type of identification documents provided to the online notary public; (6) 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; and. 435), Sec. June 19, 2009. Added by Acts 2017, 85th Leg., R.S., Ch. (d) The oath shall be signed and sworn to or affirmed by the notary public in the presence of a notary public or other person authorized to administer oaths in this state. For example, properly notarized documents can bind individuals to an agreement indefinitely, make reliable a . I truly appreciate your speedy response. If you don't find an answer to your question, feel free to contact us. The only real rule is by state law we are not allowed to notarize our own paper work. 146 0 obj <> endobj REMOVAL FROM OFFICE. As a rule, the Texas notary public can only certify copies of documents that are not recordable in public records. This process has truly been a pleasure and I absolutely look forward to receiving my supplies soon. Thank you for acknowledging receipt - have a wonderful evening. If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect. The term of office for a Texas notary public is 4 years. 1, eff. June 15, 2001; Acts 2003, 78th Leg., ch. Texas notary bonds and errors and omissions insurance policies provided by this insurance agency, September 1, 2009. USE OF ELECTRONIC RECORD, SIGNATURE, AND SEAL. (B) taking an oath or affirmation from the online notary public but not in the capacity of a witness for the online notarization. 719, Sec. A peace officer serving as a notary public according to this section may do so only as provided by this subchapter. OATH MADE IN TEXAS. 653, Sec. Sure as hell will life easier. Sept. 1, 1987. (a) Not earlier than 90 days prior to the expiration date of the notary's term, a notary public may apply for reappointment on submission of a new application to the secretary of state. Call 800-821-0822 or Email Mon-Thu 7 AM - 4 PM, Fri 7 AM - 11 AM CST, The following arequestions commonly asked by notaries regarding the office of notary public. ELECTRONIC NOTARIZATION. (a) Each person to be appointed a notary public shall submit an application to the secretary of state on a form prescribed by the secretary of state. Added by Acts 1993, 73rd Leg., ch. Sec. The fee charged may not exceed the fee authorized by Subsection (a). Sept. 1, 2003. Sec. Sept. 1, 1989; Acts 1989, 71st Leg., ch. (d) An online notary public shall attach the online notary public's electronic signature and seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident. I don't think here in MN you have to be but I am because my previous job payed for it! Sec. Texas Signing Agent Errors and Omissions Insurance. It is not sufficient for a Texas notary to merely stamp and seal a document with his or her notary stamp when performing a notarization. 406.003. When administering an oath or affirmation, the signer must sign the document in front of the notary. (a) A person commits an offense if, with intent to deceive, the person knowingly: (1) files a false report of a missing child or missing person with a law enforcement officer or agency; or (2) makes a false statement to a law enforcement officer or other employee of a law enforcement agency relating to a missing child or missing person. (a) A notary may sign the name of an individual who is physically unable to sign or make a mark on a document presented for notarization if directed to do so by that individual, in the presence of a witness who has no legal or equitable interest in any real or personal property that is the subject of, or is affected by, the document being signed. The application must state: (1) the applicant's name to be used in acting as a notary public; (2) the applicant's post office address; (3) the applicant's county of residence; (5) the applicant's driver's license number or the number of other official state-issued identification; and. Luckily I used my brain and actually got a hold of one in another part of the hospital I was at. A commissioner of deeds shall provide a seal with a star of five points in the center and the words "Commissioner of the State of Texas" engraved on the seal. 566, Sec. Sec. Sept. 1, 2003. (b) Entries in the notary's book are public information. 147, Sec. A notary public may possess only one official seal but may also possess and use an embossing seal that may be used only in conjunction with the notary public's official seal. Added by Acts 1993, 73rd Leg., ch. Copyright 2023Notary Public Underwriters Agency of Texas, Inc.All Rights Reserved. (C) identity proofing of the person described by Paragraph (A). The signer must acknowledge signing the document for its intended purpose. 2, eff. 602.001. (a) The secretary of state may appoint a notary public at any time. 719, Sec. WOW! January 1, 2012. . Yeah that's where I was told but the person that was "certified" wasn't going to be there until 2245 hrs. 3, eff. (A) whose electronic signature is notarized in an online notarization; or. 1, eff. The protestor must appear personally before the Texas notary public or, in case of online notarization, must appear by interactive two-way audio and video communication. Some people have religious convictions against taking an oath. What is the difference between a traditional Texas notary and an online Texas notary? A Texas notary public should perform notarial acts only within the authorized duties allowed by Texas notary statutes and administrative rules. 1, eff. (b) An action by the secretary of state under this section is subject to the rights of notice, hearing, adjudication, and appeal. (e) An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted under this section. (e) The secretary of state shall provide an oath of office form along with the commission and educational materials. (3) the inscription "Printed name authorized by law" near the successor's printed name. 406.103. I will recommend you to everyone who asks. Very impressed! 1, eff. FEES CHARGED BY NOTARY PUBLIC. Our notary journals are easy to use and conform to Texas notary laws. 912 (S.B. (c) An oath is not invalid because the commissioned officer who certified the oath did not attach an official seal to the certificate. Identity may be verified by: (1) the online notary public's personal knowledge of the person creating the electronic signature; or. 1, eff. A Texas online notary commission is effective as of the date of qualification and will expire on the same date as the applicants corresponding traditional Texas notary public commission. (c) A notary public, before entering on the duties of office, shall take the official oath required by Section 1, Article XVI, Texas Constitution. An oath made outside the United States and its territories may be administered and a certificate of the fact given by: (1) a minister, commissioner, or charge d'affaires of the United States who resides in and is accredited to the country where the oath or affidavit is made; (2) a consul-general, consul, vice-consul, commercial agent, vice-commercial agent, deputy consul, or consular agent of the United States who resides in the country where the oath or affidavit is made; or. 1683), Sec. 1, eff. (c) A notary public, before entering on the duties of office, shall take the official oath required by Section 1, Article XVI, Texas Constitution. Notary Public Underwriters Agency of Texas, Inc. Thank you so much! Welcome to the American Association of Notaries. 514, Sec. PERFORMANCE OF NOTARIAL ACTS. The whole notary application process takes around seven to fourteenworking days if the information on the notary application is completed correctly. American Association of Notaries is owned by Kal Tabbara, a licensed insurance agent in Texas. The notary shall require identification of the witness in the same manner as from an acknowledging person under Section 121.005, Civil Practice and Remedies Code. In my opinion, theres no reason a second officer shouldn't be able to witness and verify a signature, which is all that a notary really does. EFFECT OF VACANCY. Sec. (2) an associate judge appointed under Subchapter B or C, Chapter 201, Family Code. 1098), Sec. Chapter 217 Enrollment, Licensing, Appointment, and Separation Announcements: HB 4009, which became effective 9/1/2009, requires an officer first licensed by the commission on or after January 1, 2011, to complete a one-time basic education and training program on the trafficking of persons. My last agency in MO paid for myself and several others to become Notaries.as MO requires a few items to be notorized before you can send them off to the State Peace Officers in TX can only "notarize" documents that pertain to their scope of work, i.e. Sec. (c) Repealed by Acts 1995, 74th Leg., ch. When performing an acknowledgment notarial act, the notary is required to complete a notarial certificate called an acknowledgment notarial certificate similar to the one below: An oath is a sacred declaration or statement attesting to the truth of the contents of a document that is signed before the notary. When presented with a document requiring an oath or affirmation, the signer must be in the physical presence of the notary, and the notary must verbally administer an oath to the signer. Order received today, and I am highly pleased. 719, Sec. 147, Sec. (c) It is an exception to prosecution under this section that, at the time of the conduct charged, the person is licensed to practice law in this state and in good standing with the State Bar of Texas. (b) If the secretary of state discovers, at any time, that an applicant to be a notary public or a commissioned notary public is not eligible to serve as a notary public, the secretary of state shall: Acts 1987, 70th Leg., ch. (A) the oath is administered when the officer is engaged in the performance of the officer's duties; and (B) the administration of the oath relates to the officer's duties ; and 18) a county treasurer. In order to become an online notary public, an eligible individual must apply electronically to the Texas Secretary of State through the online electronic commissioning system and pay a $50 application fee. Sec. For all your help along the way. 1. (b) A former online notary public whose commission terminated for a reason other than revocation or a denial of renewal is not required to destroy the items described by Subsection (a) if the former online notary public is recommissioned as an online notary public with the same electronic signature and seal within three months after the former online notary public's former commission terminated. (b) In performing an online notarization, an online notary public shall verify the identity of a person creating an electronic signature at the time that the signature is taken by using two-way video and audio conference technology that meets the requirements of this subchapter and rules adopted under this subchapter. 147, Sec. (7) "Identity proofing" means a process or service operating according to criteria approved by the secretary of state through which a third person affirms the identity of an individual through review of personal information from public and proprietary data sources. 147, Sec. States that a peace officer appointed notary public has the same duties and powers as any other notary public. I think another officer could act as a notary as long as he has no vested interest in the matter. 4, Sec. 1211, Sec. Sept. 1, 2003. Acts 2009, 81st Leg., R.S., Ch. Tex. Sec. Amended by Acts 1989, 71st Leg., ch. Sec. (a) An online notary public shall keep a secure electronic record of electronic documents notarized by the online notary public. We can't go around signing off as notaries on general public documents. 2.17(a), eff. (e) The following may not be considered a conviction for the purposes of determining eligibility and good cause: (1) a dismissal of a proceeding against the defendant and discharge of the defendant before an adjudication of guilt; and. Yes, you do. 5, 6, eff. Here all of the deputies who work for our agency have to become a notary. Take the oath of office before another notary and keep the form in your records. 406.052. Under Texas Administrative Code 406.106, there are five authorized duties a Texas notary public can perform within the geographic boundaries of the state of Texas, namely: A Texas notary public can perform these authorized duties both in traditional notarizations and remote online notarizations. If you are performing a notarization for a . A commissioner of deeds has the same authority as a notary public to take acknowledgments and proofs of written instruments, to administer oaths, and to take depositions to be used or recorded in this state. The court shall include the order for removal as part of its judgment. 451, Sec. We can't go around signing off as notaries on general public documents. 719, Sec. Govt. 04-09-2008, 09:40 PM. Sept. 1, 2003. Sept. 1, 1987. 2.002, eff. (2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. Endobj REMOVAL FROM office form in your records ; CRIMINAL OFFENSE person described by Paragraph ( a.. Secure electronic RECORD, SIGNATURE, and SEAL electronic SIGNATURE is notarized in an affidavit I do find. The information on the notary application process takes around seven to fourteenworking days if information! By Subsection ( a ) find an answer to your question, feel free to contact us as! States that a peace officer serving as a notary not exceed the fee charged may not exceed fee. On general public documents fee charged may not exceed the fee authorized by Subsection ( )! 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