A Texas notary must perform only the authorized duties presented by administrative rules as well as Notary statutes. Failure to do so can result in fines, suspension, or revocation of the commission.
A notary must screen signers of significant documentation to verify identity, administer an oath or affirmation, and certify copies as true originals. Other responsibilities include maintaining a journal and purchasing errors and omissions insurance.
Obtaining Your Commission
For anyone wishing to become a notary public, specific requirements must be met. These requirements vary by state, but all notaries must be 18 years of age or older and be legal residents of their state. Notaries must also pass an exam and undergo background checks before receiving their commission certificates. Once the notary is commissioned, they must take an oath of office and purchase a surety bond in order to start practicing.
Depending on the state, a fee may be associated with the testing or examination process. Notaries must also purchase a surety bond designed to protect the public from any misconduct or negligence that occurs in their capacity as a notary. The bond requirement varies by state, but it is generally a minimum of $10,000.
Once a notary has been commissioned, they are allowed to perform notarial acts in the state of Texas. However, it is important to note that a notary cannot notarize documents on any federal enclave or Indian reservation within the state. Additionally, a notary can only notarize a document if the signer is present in person.
Notaries are not trained lawyers and are not expected to read or evaluate documents for their clients. As such, it is very important that any notary who wishes to perform international adoption notarizations obtain a great deal of education and training. Additionally, it is vital to ensure that any notaries who wish to work in the field of international adoption understand that they are performing a very specific, highly regulated task.
In the United States, notaries must be commissioned by their state government in order to authenticate documents. This requires them to meet a series of qualifications, including passing an exam, paying the state’s filing fee, and taking an oath of office. The process varies by state, but most notaries are able to be commissioned in four to nine weeks after completing all necessary steps.
While it is not a requirement in every state, most notaries must take an education course before becoming certified. These courses typically cover notary laws, rules, and regulations as well as basic procedures for document execution. In addition, they help notaries learn to recognize suspicious documents and fraudulent practices.
Taking the Oath of Office
A notary public is a person commissioned by the Texas Secretary of State to verify the identity of individuals involved in legal processes, witness the signing of documents and other matters, administer oaths, and take depositions. In addition, a notary can perform many other duties, such as protesting instruments permitted by law to be protested (primarily negotiable instruments and bills and notes), taking acknowledgments, and certifying copies of documents not recordable in the public records.
Before a notary begins to perform official duties, he or she must take the oath of office. This is done by bringing the commission certificate to another notary who will administer the oath or affirmation and notarize the official form. In this oath, the notary promises to obey the state’s laws and faithfully carry out his or her official duties.
The notary should also have a journal to document all of the notarial acts performed. This way, if there is a dispute about whether the notary did everything correctly, there will be an official record. Also, the notary should never notarize a document for someone in which he or she has any kind of invested interest. This could compromise the notary’s ability to remain impartial.
Lastly, the notary should get his or her personalized seal. It should contain the name of the notary, “Notary Public, State of Texas,” a star of five points, and the commission expiration date. A notary can also add a customized image or logo to the seal.
As a notary, you have a lot of power and responsibility, so it is important to be familiar with all the laws and regulations in the state of Texas. Knowing and following these rules can save you from any potential issues, like getting your commission suspended due to a minor mistake. It is also a good idea to purchase errors and omissions insurance. A company like Next Insurance offers this type of insurance, providing you with a safety net in case you are sued for not carrying out your responsibilities properly.
Maintaining a Journal
Notaries have the responsibility to keep a journal of all notarial acts. This journal is essential to maintaining a notary’s integrity and can be helpful in case one of your previous notarizations is challenged or questioned. Generally, the journal will include a description of the document, the signature and seal used, the name of the signer, the date of the notarial act, and an entry indicating whether the signer personally knows the notary or was identified by a subscribing witness. In addition, the journal must include any other information the notary deems relevant.
The notary must also keep a record of any fees charged for a particular notarial act. The notary should also note if the person for whom they are performing a notarial act is an attorney or other legal professional and make sure that the notarization meets the requirements of Texas law. In addition, the notary must avoid preparing or providing legal advice or representing someone in immigration matters. Notaries that engage in these activities can be subject to disciplinary action by the Secretary of State.
In order to become a notary in the state of Texas, you will need to complete an application, obtain a commission bond, and pay the $21 filing fee. Additionally, you will need to purchase a notary seal and a journal. To help you get started, we offer a complete Texas notary supplies package that includes a notary stamp, bond, and journal for only $69. You can customize your supply package by adding add-ons such as an acknowledgment or jurat stamp.
Notaries are required to take an oath of office before they begin performing notarial acts. They must sign their oath in the presence of another notary. The notary must also record the oath in their journal.
If you are an existing notary, you must submit a renewal application to the Secretary of State before your commission expires. The renewal process is similar to obtaining your initial commission, but you must pay the $21 renewal fee and provide proof of a current address and a copy of your oath of office. You will also need to purchase a new notary seal and journal that displays your updated commission expiration date.
Purchasing Errors and Omissions Insurance
Regardless of the industry, businesses can face lawsuits over products, services, or work that results in financial damage. This is why having an errors and omissions insurance policy (also known as E&O or professional liability) is vital for Texas businesses.
E&O insurance policies help cover legal fees, damages, and other costs associated with claims made against your business for mistakes or misrepresentations made by you or your employees. You can purchase an online E&O policy in minutes and receive instant proof of insurance.
You might be able to find a policy that starts at $19 a month, though rates vary depending on your coverage needs and the type of business you have. The higher the risk, the more expensive your policy is likely to be.
Notaries are especially susceptible to errors and omissions because they handle so many important documents. Even the smallest mistake could cost you a lot in legal fees and compensation from a client. E&O insurance offers protection from these claims and can also protect you in the event a client makes a false claim.
Errors and omissions insurance is recommended for all businesses and professionals who provide advice, educated recommendations, or design solutions. It can help safeguard your professional reputation, profitability, and business assets from the potentially astronomical expenses of litigation (whether justified or not).
In addition to the state-required notary bond, you may want to consider purchasing an errors and omissions insurance policy. You can get a quote and purchase your E&O insurance in minutes online with Next Insurance.
You might be able to save money on your E&O insurance premium by bundling it with a general business insurance or professional liability insurance policy. These types of policies typically include a broad range of insurance coverage to cover the basic needs of your business, including property and general liability, commercial auto, and workers’ compensation.
Unlike notary bonds, which are only valid for the term of your commission, an error and omissions policy remains in effect for as long as you hold a valid notary public license. You can renew it as long as you meet the requirements, such as maintaining your journal and completing continuing education courses.