THE Ultimate Notary Public Primer
by Marilyn Simpson

Some time ago I was in federal district court waiting for the case in which I was involved to be called. On the witness stand was a notary who was being interrogated by the judge who repeatedly asked her how she happened to notarize a stamped signature. She kept saying that she did not know that Texas law prohibits such notarization. Years later, as part of my paralegal work, I tracked down a notary who not only had backdated her notarization but, much worse, had never met the signer. More recently, a notary responded to my question about why he did not have a notary book by saying that he would get a notary book when the law required it.

These Texas notaries probably did not intentionally violate the law. However, these incidences point to the fact that many Texas notaries are ill prepared when they begin their duties. Basically, to become commissioned as a Texas notary, a person who (1) is at least 18 years of age, (2) is a resident of the State of Texas and (3) has never been convicted of a felony or a crime involving moral turpitude is only required to complete an application, take an oath, obtain a bond, file the necessary documents with the Secretary of State and pay the required filing fee.¹ Texas does not require any pre or post- commissioning training or testing. Educational seminars can be costly and the Secretary of State provides a limited amount of educational material.² Unfortunately, this information does not adequately explain how to provide good, legal notarial services.

Improperly notarized documents have been questioned in lawsuits and notaries have been required to testified in trials involving their notarization of affidavits, oaths, deeds and other documents. A notary can also be held personally liable for actions (including negligence or fraud) in the performance of the duties of the office. The bond required by law to be filed before a notary commission is granted is meant to insure that the injured person can recover at least $10,000. However, notaries need to know that this bond does not protect them from personal liability for the remainder of the judgment damages caused by a breach of their official duty. As well, a notary may be subject to criminal prosecution.³ With so much at stake, it is imperative that notaries have the proper information to provide quality notary public services.

The primary duties of a notary are:⁴

1. Ensuring that the signer personally appeared before the notary face to face at the time of the notarization;
2. Determining positively that the signer is the person he/she claims to be;
3. Obtaining the acknowledgment of the signer that he/she has signed the document;
4. Taking the signer’s oath that he/she is aware of the contents of the document and the oath he/she is taking, that the information is true and correct and that the oath was freely made;
5. Properly completing the notarial certificate and ensuring as much as possible that all blanks are filled in, that the original document cannot be altered later, and that pages are not added or eliminated after the document is notarized; and
6. Making a written record of the notarization in an official notary record book.

The signature and seal of a notary provide prima facie proof of the facts and allow persons in trade and commerce to rely upon the truth and veracity of the notary as a third party who has no personal interest in the transaction.⁵

Notaries commissioned in Texas are authorized to notarize in all 254 counties.⁶ Notaries are required to use a seal of office prescribed by law to authenticate the notary’s official acts.⁷ A fee prescribed by law may be charged for the notary’s services. ⁸ Notaries have the same authority as a county clerk to⁹:

1. take acknowledgments or proofs of written instruments,
2. protest instruments permitted by law to be protested,
3. administer oaths,
4. take depositions,
5. certify copies of documents not recordable in the public records, and
6. since 1997, under certain circumstances discussed later, sign the name of an individual who is physically unable to sign or make a mark on a document.⁵

Notaries should remember that they are not “employed” as a notary by their employer or anyone else. The Secretary of State commissions notaries and, as such, they are Commissioned Officers of the State of Texas. Every notary is a public servant so an employer cannot require that a notary who works in his/her place of business notarize documents only for patrons of that business. The public has the right to expect a notary to perform the duties of that office; however a notary can execute those duties at reasonable times consistent with the notary’s other duties.’’

Refusal to Notarize. While notaries are expected to notarize for “the public” and not restrict the provision of their services, there is no legal requirement that a notary must notarize each and every document presented for notarization. Notaries are expected to exercise a reasonable degree of caution and personal judgment when notarizing documents. When a notary has reason to question the competence of the signer, or does not trust the identification of the signer, the introducer or the witness, or has any other creditable reason for refusing to notarize a document, the notary should refuse to notarize the document.

Some notaries have reported being intimidated by their employers or fear being fired if they refuse to notarize a document as requested. It may sound simplistic but a notary should stand firm in refusing to notarize once the decision against notarization is made. Remember, it is the notary who has the ultimate responsibly for the notarization and who must explain his/her actions, possibly before a judge. It is the notary who is expected to uphold the oath previously taken and comply with State and Federal laws. The notary should not rely on a claim of intimidation as a defense for improperly notarizing a document. As well, employers are not exempt from obeying the law and can be held liable for such intimidation. The Secretary of State encourages notaries to report all such actions as soon as possible so that the notary can receive protection and support. For these and other reasons it is wise to document the notary book with information of such refusal to notarize in case questions arise in the future. If a notary has a legal question regarding whether to notarize a document, he/she should refuse to notarize the document and request a private letter ruling from the Secretary of State to resolve the issue.

JUST SAY NO

Since the notary’s name appears on the notarized document, he/she may be held fully accountable for all of his/her notarial acts. Therefore notaries should be aware of actions that they may not legally take. Specifically, a notary may be subject to possible criminal prosecution, civil liability and the revocation or suspension of the notary’s notary public commission if he/she does any of the following:

1. Perform acts which constitute the practice of law or state or imply that he/she is an attorney licensed to practice law in the State of Texas.¹²
2. Prepare, draft, select or give advice regarding legal documents.¹³
3. Translate “Notary Public” into Spanish (“Notario Publico”).¹⁴
4. Overcharge for his/her services ¹⁵
5. Notarize a document without the signer being in his/her presence.¹⁶
6. Notarize his/her own signature.
7. Issue identification cards.¹⁷
8. Sign a document under any name other than the name under which he/she was commissioned.¹⁸
9. Fail to attach his/her seal to any document he/she notarizes.
10. Certify copies of documents recordable in the public records.¹⁹

There is an exception to items 1 and 2 above if the notary is a person licensed to practice law in the State of Texas and is in good standing with the State Bar of Texas.

The most requested notarial services are for acknowledgments and oaths.

How to notarize an acknowledgment. An acknowledgment is a statement given to a notary by the signer of the document confirming that he/she is the person who signed the document and that he/she signed for the purposes and considerations stated in the document. Suggested procedures:

1. Make sure that the proper notary certificate form is attached to the document. However, a notary may not suggest a notary certificate form if the document does not have one. If desired, a notary may show the signer sample notary certificate forms promulgated by the Secretary of State’ the signer may then chose a certificate and the notary may attach the form to the document.²⁵
2. Make sure that the document is complete (i.e., all blanks are filled in). A notary should not notarize an essentially blank document.
3. The signer and witness or person who introduces the signer to the notary (if any) must personally appear before the notary and provide proper identification.
4. Documents with acknowledgments may be signed before they are presented to the notary. Whether or not the document was previously signed, the notary should ask the signer:“Are you signing (or did you sign) this document for the purposes and considerations expressed in the document?” The signer should answer “Yes.”
5. If the signer has not already signed the document, the notary should ask the person to sign the document.
6. The notary may then sign and seal the notary certificate and enter the required data in the notary book.

How to notarize a sworn statement or oath. An oath is a solemn declaration, accompanied by a swearing to God or a revered person or thing, that one’s 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. An affidavit is a statement in writing of certain facts signed by the party making the affidavit, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under the office’s official seal of office. A jurat is a certification added to an affidavit or document stating when, where and before whom an affidavit was made.²² A jurat may be included within an acknowledgment.²³

The oath the signer takes before swearing to the truth of written statements recites “after being duly sworn” or similar wording. The sworn statement puts the signer on the highest order of truth and may subject the signer to perjury for knowingly making a false statement. While there is no statutorily prescribed process for administering the oath, nevertheless the oath must be actually administered by the notary. Suggested procedures:

1. Follow steps 1 through 3 above.
2. Administer the oath as follows:
   a. Ask the signer to raise his/her right hand or tell the signer that you are putting him/her under oath.
   b. Ask the signer questions based on the type of document and notary certificate for which he/she will have to answer “I do” or “I will” or make some sort of affirmative response. For example, you may ask, “Do you swear that the statements, facts and representations in the document you are signing are true and correct, so help you God.” In the alternative, you can ask, “Do you affirm that the statements, facts and representations in the document you are signing are true and correct?” As another alternative, the notary may read the oath statement verbatim as it appears in the document and obtain the signer’s affirmative response.
3. Ask the signer to sign the document. A notary MAY NOT notarize a previously signed document with a sworn statement unless the signer signs the document again in the presence of the notary.
4. The notary may then sign and seal the notary certificate and enter the required data in the notary book.

Subpoenas. A notary is authorized to issue a subpoena or subpoena duces tecum for written depositions. Prior to issuing a subpoena, the notary shall:

1. Require proof of service of notice to take a deposition for the requesting party or attorney; or
2. Personally execute service of the notice to take a deposition. Additionally, the notary shall confirm that there is no court or administrative order or procedure that precludes the issuance of the subpoena. The notary shall obtain an affidavit from the requesting party or attorney stating whether the party or attorney is aware of any such procedure or order.

These rules do not independently authorize a notary public to issue a subpoena. The issuance of a subpoena by a notary must be authorized by other law, rule or procedure and in conformity with such law, rule or procedure. Failure of a notary to conform to these administrative rules does not affect the validity of a subpoena but may subject the notary to disciplinary proceedings.²⁴

Can These Documents Be Notarized?

Can a notary notarize or otherwise assist persons with disabilities? Yes, but the notary must proceed as follows. The following definitions apply:

• Legal disability usually means individuals whose legal rights have been impaired by legal action.
• Physical disability means individuals with a physical impairment that impedes the ability to sign or make a mark on a document.
• A notary may not notarize documents for those who have a legal disability.
• However, since 1997 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 notary shall require proper identification of the individual for whom the document is signed as well as for the witness and include this information in the notary book.
• A notary who signs a document for a disabled individual shall write, beneath his/her signature, the following or substantially similar sentence: “Signature affixed by notary in the presence of (name of witness), a disinterested witness under Section 406.0165, Government Code.”

Can a notary assist and notarize for a blind or visually impaired individual? A notary may read the document to the signer who is blind or visually impaired but must not give any advice concerning the document. Once the signer has had the document read to him/her, the usual procedures apply for notarizing the document. Be sure to enter the pertinent facts regarding the notarization in the notary book.

Can a notary issue an identification card? Absolutely not. This is prohibited by Section 406.016, Government Code.

Remember, a notary may be required to appear in court and testify with regard to any document he/she notarized. Relying on one’s memory on the witness stand when testifying about a notarization that occurred years ago may be difficult and risky. For this reason, notaries are encouraged to write complete notes in their notary book indicating any special circumstances that occurred during a notarization. Also, if the notary has established a legally sufficient procedure by which he/she always notarizes documents, then the notary may inform the court of such procedure and provide testimony based on the procedure instead of the notary’s memory. For example, if a notary always requires that the signer appear in person at the notarization, the notary may testify that, based upon this procedure, the signer appeared in person on the date specified in the notary’s certificate even if the notary cannot remember the specific notarization.

Identification of the Signer, Introducer, Witness. Texas law requires that a notary properly identify the person who is giving an acknowledgment or signing a statement under oath. Proper identification also must be obtained for the introducer and each witness.²⁵ There are three methods of identification set out in the law.²⁶

Personally know the signer. This is the best way to identify a person. However, this does not mean known for only a short period of time. The notary should have a long term personal acquaintance with the signer. Remember, the notary may be asked to identify the signer in court.

Identification card. Six types of identification cards that can be used to identify persons for notary purposes are: driver’s license issued by an American state, an identification card issued by the Texas Department of Public Safety or an equivalent agency in another state, military ID card, U.S. veterans card, U.S. alien residency card and passport issued by the United States government.²⁷ A notary should always verify that the ID card is valid (e.g., not expired) and that the address information is current at the time of notarization. Unacceptable forms of identification include a credit card, a U.S. social security card, a private company’s security badge and a letter of introduction.²⁸

By introduction. The introduction should be from a credible person the notary knows well.

Notary Certificate Issues

1. When to Revise the Notary Certificate. Most pre-printed notary certificates state that the signer is “known to me,” however it is often the case that the notary does not know the signer. When this happens, the notary should revise the notary certificate (by hand if necessary) to make it correct.

Examples:

“Before me, a notary public, on this day personally appeared (name of signer), proved to me through a Texas driver’s license to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that the statements therein contained are true and correct.”

“Before me, a notary public, on this day personally appeared (name of signer), proved to me on the oath of Sam Brown to be the person whose name is subscribed to the foregoing document and, being by me first duly sworn, declared that the statements therein contained are true and correct.”

2. What county should be used?
THE STATE OF TEXAS
COUNTY OF______

Fill in the name of the county in which the notary is physically located at the time the signer appears and the notary signs and seals the notary certificate. This is true regardless of the county where the real property described in the document is located, where the instrument containing an acknowledgment was signed or where the signer or notary reside.²⁹

3. What should be done if the wrong county or state is stated on the notary certificate? Cross through the wrong information and insert the correct information. The notary certificate is the only place on the document where the notary may make changes.³⁰

4. What date should be used for the notary certificate? Enter the date on which the notary performs the notarial service, regardless of the date of the instrument, the effective date of the instrument or any other date. Notary certificates must not be backdated or postdated. Also, if the wrong date is stated on the pre-printed notary certificate, the notary must cross through the wrong date and insert the correct date.³¹

Seal. Each notary certificate must be sealed by a seal in the form prescribed by law. Except for e-notary seals (see below), the seal may be affixed by a seal press or stamp that embosses or prints a seal that legibly reproduces the required elements of the seal that can be photocopied or reproduced by other photographic methods. ³² Seals are personal to the notary to whom they are issued and must not be shared. It is essential that the notary keep the seal in a secure location—preferably one that is locked.33 When the date on the notary seal has expired or the notary ceases to serve as a notary, the seal must be completely destroyed so that it cannot be used. Do not simply throw the old seal in the garbage. Even expired seals can be improperly used to notarize backdated documents. Lost or stolen seals should be immediately reported in writing to the Secretary of State.

Electronic Transaction Act. The advance of computer technology has caused the law to change regarding notarization of documents. In 2001, Texas adopted Chapter 43 of the Business & Commerce Code titled the Uniform Electronic Transactions Act, that addresses electronic notarization and acknowledgments. Section 43.011 states, “If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts [the notary], together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.”

This provision was incorporated in Tex. Gov’t Code Ann. § 406.013(c) as an exception to the requirement that the seal must be affixed by a seal press or stamp. Taken together, these two laws provide for the use of records and signatures in electronic form provided the transaction is between parties, each of whom has agreed to conduct the transaction by electronic means. Generally, “signatures in electronic form” means printed images of signatures rather than original pen and ink signatures. Therefore Texas law now provides for the notarization of electronic documents using a printed image of a notary seal.

The procedure for electronic notarization is similar to the “paper form” of notarization. A notary may add a signature and seal to an electronic document so long as the person for whom the notarization is performed personally appears before the notary to sign the document or acknowledge his/her signature on the document.³⁴ It should be noted, however, that county clerks are not required to accept for recording a paper copy of a document with a so-called “esignature” or “e-notary seal.”³⁵ This area of the law is new and is likely to evolve further in the next few years.

Notary Book. Every Texas notary is required to keep a written record of all of his/her notarial acts in a book or electronically in a computer or other storage device.³⁶ The notary book must be kept whether or not fees are charged and notarizations must be recorded even if the notarization is for a friend, relative, employer or co-worker.³⁷ While many notaries chose to purchase their notary book from a commercial vendor, this is not a requirement and self-made books that comply with the legal requirements may also be used. A notary who charges a fee for providing notarial services must also keep a record of all fees collected. This requirement can be satisfied by recording the fees in the notary book. A notary’s book is the responsibility and personal property of the notary — not his/her employer — regardless of who paid for the notary’s filing fee, the bond, the seal or the notary book itself. Notary books are official State of Texas public records. A notary’s records are subject to inspection by any citizen.³⁸ While a notary may not charge a fee for viewing the notary’s record book, he/she may charge a fee prescribed by law for certifying copies of pages of the notary book.³⁹

Signatures. The notary should always compare the signature on the identification card with the signature on the document to verify theft authenticity. While signatures in the notary book formerly were required for all persons identified in the book, the law changed in 1989 so that now the signer of the notarized document and others listed in the notary book (e.g., introducers and witnesses) are no longer required to sign the notary book and/or provide a thumb print. A notary may still ask the signer to sign the notary book or provide a thumb print, if desired, but a notary should not imply or tell a person that such signature or thumb print is required by law or refuse to notarize a document based on such decision by the signer.

Data to be Included in the Notary Book. Data to be recorded in the notary book is required by law⁴⁰ and most required information is self-explanatory. However, the following provides some additional information.

Notarization Date and Document Date. The date a document is notarized may be different from the date stated on the document. Therefore both dates must be recorded in the notary book — even if they are the same date.

Printed Name. Be sure to identify on separate lines all individuals who are pertinent to the notarized document, including the signer, witnesses (e.g., for a Last Will and Testament) and/or the introducer. If a photo ID is used as the means of identification, the name entered in the notary book should be the same as the name that appears on the photo ID. If the name shown on the document if different in any way from the one shown on the photo ID, this fact should be entered in the notary book with the notary’s explanation of the reason for the difference.

Residence Address. While some individuals will want to provide a business address or post office box address since a notary’s book is public information, state law requires that the residence (or alleged residence) address be recorded, including the city, state and zip code.⁴¹

Identification. The notary should describe how he/she identified the person listed in the entry. If the identification is by personal knowledge, a notation of “Personally Known by Me” (or the like) is sufficient. If the identification is by identification card, the law changed in 2007 and now a notary is prohibited from recording in the notary book the identification number assigned by the governmental agency as set forth on the identification card or passport or any other number that could be used to identify the person listed in the notary book. However, the notary is not prohibited from recording the type of identification card relied upon and the number related to the residence address of the listed person.⁴²

Type of Notary Act. The usual types of notary acts are acknowledgments and oaths. However, the notary may provide other types of services such as certifying a non-recordable document or a page from the notary book so the exact type of notary service performed should be recorded in the notary book.

Comments. The notary should enter notes to explain any unusual circumstances involving the notarization. For example, if the signer is blind and the notary read the document to the signer before he/she signed the document, these facts should be entered here. Comments made in the notary book contemporaneous with the notarization of the document may prove helpful if the notary is asked to testify in court years later regarding the document or the signer.

Notwithstanding the above, a notary who administers an oath for a criminal complaint issued under Article 45.019 of the Texas Code of Criminal Procedure is not required to record the notary’s action in the notary book.⁴³

Upon the completion of a notary book or the death or cessation of service of a notary, the notary book must be deposited with the clerk of the county where the notary resides or resided.44 The notary should always obtain a receipt from the county clerk for the deposited notary book.

FREQUENTLY ASKED QUESTIONS

1. May I notarize the signature of my spouse? May I notarize signatures relating to my spouse’s business? May I notarize signatures for my relatives?

Answer:
There is no specific prohibition against a notary notarizing these signatures. The basic rule is that the act of taking and certifying acknowledgments cannot be performed by a notary who is financially or beneficially interested in the transaction. Texas is a community property state so the notary’s interest in the transaction may be complicated. Therefore the facts in each situation will determine whether such action is proper.

2. May a notary alter or change the instrument he/she notarizes?

Answer:
A distinction must be made between the instrument and the notary certificate. A notary may not change, alter or draft an instrument for the signer. However, a notary must correct the notary certificate to state the correct facts.

3. May I take an oath or an acknowledgment over the telephone?

Answer:
Absolutely not. The signer must personally appear before the notary at the time the notarization is performed.⁴⁵

4. May a notary ever date the notary certificate using a date other than the actual date on which the notary signed and sealed the notary certificate?

Answer:
No. A notary must not backdate or postdate a notary certificate.

5. May a notary ever notarize a stamped signature (e.g., a signature that was applied from a pre-printed stamp.)?

Answer:
No. All signatures must be original and must either be signed in the presence of the notary (for sworn statements) or acknowledged before the notary (for acknowledgments). The only exception is the procedure promulgated under the Electronic Transaction Act.

Notary name change. A notary must notarize documents using the name listed on the commission issued by the State of Texas. If a notary legally changes his/her name, the notary may change the name on the commission by sending the Secretary of State a name change application together with the original current commission certificate, a rider or endorsement from the insurance agency or surety, and the applicable filing fee. However, this formal name change is not a requirement so the notary may continue to notarize documents using the name on the current commission until filing the renewal application.

Notary address change. When a notary moves from the address provided to the Secretary of State, he/she is required to notify the Secretary of State of such address change not later than the 10th day after the date on which the change was made.⁴⁶ It is especially important that a notary file an address change since the Secretary of State sends official notices (including renewal notices) to the notary’s last known address. To determine the address on file at the Secretary of State, a notary can look up his/her name on-line at www.sos.state.tx.us. This search is free.

Notary reappointment. Notary appointments are made for four years and, unless renewed, they expire at the end of the four year period.⁴⁷ There is no grace period. A notary may apply for reappointment within 90 days of the expiration date of the notary’s current term. If a notary’s term expires before being reappointed, the term of the notary’s new appointment is four years from the date of the new qualification— not from the date of the expiration of the old term.⁴⁸ Documents notarized after a notary’s term has expired may be questioned or invalidated. A notary who knowingly notarizes a document after his/her commission expires may be held personally responsible for any problems or legal issues that ensue. It is the notary’s duty to keep track of the expiration date of his/her commission and not rely on the Secretary of State to send a timely renewal notice.

How to Notarize a Certified Copy of a Non-Recordable Document

Since notaries are sometimes asked to certify copies of non-recordable documents, it is important to tell the difference between recordable and non-recordable documents.

Recordable documents are documents that are or may be recorded with a governmental agency or entity or are otherwise available from certain official entities. Examples of recordable documents the notaries may not certify are: car titles, birth and death certificates, deeds, deeds of trust, marriage licenses, divorce decrees, driver’s licenses, wills, documents filed with the Secretary of State, military identification cards and records, passports, social security cards, visas, naturalization certificates or other identification cards and documents issued by the U.S. Department of Homeland Security. Certified copies of these types of documents and records must be obtained from the proper governmental agency or entity and notaries must not certify copies of any of these types of documents. As well, notaries may not certify copies of college transcripts issued in the United States since certified copies of these documents may be obtained from the issuing school.⁴⁹

While a notary may not certify copies of recordable documents, a notary may notarize an affidavit signed by the custodian of a recordable document in which the custodian certifies that the attached copy is a true reproduction of the original document. The rules for notarizing this type of affidavit are the same as for notarizing an ordinary affidavit. Remember that a notary may not prepare the affidavit but may notarize an affidavit presented by the custodian of a recordable document. Be sure to note the specifics of this type of notarization in the notary book.

Non-recordable documents are documents that cannot be recorded with any type of governmental entity. These documents include documents received by or were drafted by individuals for their own personal use. Examples of non-recordable documents: original college diplomas, awards, proclamations, photographs and personal letters. Notaries may certify copies of the original of these documents. If a notary has any question with regard to whether a document may be certified, he/she should obtain an opinion from the Secretary of State.

To certify a copy of an original non- recordable document:

1. Make two copies of the original document. The notary must not use a photocopy of the document instead of the original since the certified copy must be made from the original document. Also, do not accept two photocopies of the original document supplied by the custodian of the document — even if they appear to be copies of the original. A notary should always make his/her own copies from the original document.
2. Ask the custodian of the document for identification.
3. Enter the required data in the notary book. Be sure to indicate that the notarial service is the certification of an original non-recordable document.
4. Complete two copies of the form entitled “Certified Copy of the Non-Recordable Document” and staple the first signed and sealed original form to the first document copy. Give this set of documents to the custodian of the document.
5. Staple the second copy of the document to the second signed and sealed original form entitled “Certified Copy of the Non-Recordable Document” and place it in the back of the notary book. Notaries should keep a copy of all such notarizations. A copy of the entitled “Certified Copy of the Non-Recordable Document” can be found at the end of this article.

How to Notarize a Certified Copy of a Record in a Notary Book

Entries in the notary book are public information. Therefore a notary must provide a certified copy of any page or record in the notary book to any person requesting such a copy.⁵⁰ To certify a copy or page:

1. 1. Make two copies of the page(s) or record(s) requested. Note: Entries made to notary books prior to 2007 will likely include personal information of the signers (e.g., driver’s license numbers). While the Secretary of State has endeavored to redact all such information from documents previously filed with the Secretary of State, it does not require notaries to do the same with information included in their notary books. Instead, the Secretary of State instructs notaries to redact such information from the certified copies of notary book pages prior to delivery of those pages to the requestor.
2. 2. Enter the required data in the notary book. Be sure to indicate the name of the requestor and note that the notarial service was the certification of the specified page(s) from the notary book. If personal identification numbers were redacted, be sure to note that as well.
3. 3. Complete two copies of the form entitled “Certified Copy of the Non- Recordable Document (Notary Record Book)” and staple the first signed and sealed original form to the first copy of the notary book page or record. Give this set of documents to the requestor.
4. 4. Staple the second copy of the page of the notary book or record to the second signed and sealed original form entitled “Certified Copy of the Non- Recordable Document (Notary Record Book)” and place it in the back of the notary book. Notaries should keep a copy of all such notarizations. A copy of the “Certified Copy of the Non- Recordable Document (Notary Record Book Page)” can be found at the end of this article.

CERTIFIED COPY OF A NON-RECORDABLE DOCUMENT

STATE OF TEXAS COUNTY OF _____________

On this _____ day of _____________, 200__, I certify that the preceding or attached document, and the duplicate retained by me as a notarial record, are true, exact, complete, and unaltered photocopies made by me of __________________ (description of document), presented to me by the custodian of the document, ______________________ (name of custodian), and that, to the best of my knowledge, the photocopied document is neither a public record nor a publicly recordable document, certified copies of which are available from an official source other than a notary.

(NOTARY SEAL) Notary Public Signature

CERTIFIED COPY OF A NON-RECORDABLE DOCUMENT

(Notary Record Book Page)

STATE OF TEXAS §
COUNTY OF______________ §

On this ____ day of _________, 200__, I certify that the preceding or attached document, and the duplicate retained by me as a notarial record, are true, exact, complete, and unaltered photocopies made by me of ___________________ (description of notary book page), held in my custody as a notarial record, and that, to the best of my knowledge, the photocopied document is neither a public record nor a publicly recordable document, certified copies of which are available from an official source other than a notary.

(NOTARY SEAL) Notary Public Signature

1 Tex. Gov’t Code Ann. §406.004 and §406.006
2 Id., §406.008 (b)
3 Secretary of State, Notary Public Educational Information
4 Id.
5 Id.
6 Gov’t Code, op. cit, ß406.003
7 Id., §406.013
8 Id., §406.024
9 Notary Public Educational Information, op. cit
10 Gov’t Code, op. cit., §406.0 165
11 Secretary of State, Frequently Asked Questions
12 Gov’t Code, op. cit., §406.017 (a) (1)
13 Id., §406.016(d)
14 Id., §406.017 (a) (4)
15 Id., §406.024 (b)
16 Id., §406.009 (d) (6)
17 Id., §406.016 (c)
18 Id §406.016 (b)
19 Id., §406.016 (a) (5)
20 Notary Public Educational Information, op. cit. page 7
21 Secretary of State, private opinion letter dated July 10, 1997. I obtained this letter from the Secretary of State after I refused to notarize a warranty deed prepared by a relocation firm hired to move the signers, an executive and his wife who were moving to his new post. The warranty deed had only the seller’s name and the legal description of the property filled in. Since the property had not yet been sold, the buyer’s name and other information such as deed of trust information was blank. The seller told me that the rest of the information would be filled in on the warranty deed after the property was sold. I requested a Secretary of State opinion on this issue and in a private letter ruling the Secretary of State backed up my refusal to notarize the document.
22 Notary Public Educational Information, op. cit
23 Op. Atty. Gen. 1988, No. JM-883
24 Tex. Admin. Code ß87.50 - §87.54
25 Gov’t Code, op. cit, §406.014
26 Notary Public Educational Information, op. cit.
27 Secretary of State, private opinion letter dated July 10, 1997
28 Notary Public Educational Information, op. cit
29 Id
30 Id.
31 Id.
32 Gov’t Code, op. cit, §406.013
33 Notary Public Educational Information, op. cit
34 Id.
35 Op. Atty. Gen. 2004, No. GA-0228.
36 Gov’t Code, op. cit., §406.0 14 (a) and (e)
37 Notary Public Educational Information, op. cit.
38 Gov’t Code, op. cit, §406.014
39 Notary Public Educational Information, op. cit.
40 Gov’t Code, op. cit, §406.014 ~
41 Id., §406.014
42 Admin. Code, op. cit, §87.60
43 Gov’t Code, op. cit., §406.014
44 Id., §406.022
45 Id., §406.009 (d) (6) and United Services Auto. Ass’n v. Ratterree, 512 S. W.2d 30, 32 (Tex. Civ. App.— San Antonio 1974, writ ref n.r.e. holding that oath taken over the telephone was void because “a certificate of a notary is defective where the party did not appear before a notary public.”
46 Gov’t Code, op. cit, §406.019
47 Id., § 406.002
48 Id., §406.011
49 Notary Public Educational Information, op. cit.
50 Gov’t Code, op. cit., §406. 014 (c) Marilyn Simpson is a paralegal with Graves Dougherty Heron & Moody in Austin.

Texas Paralegal Journal © Copyright 2008 by the Paralegal Division, State Bar of Texas.

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