PowerPoint Presentation

Why, What and How of Notarization

Kathleen Butler, Executive Director

American Society of Notaries

TODAY

…your notarial acts are

important

…notarize using proven procedures

…required or essential tools

…standards of professional conduct

…liability

…most-requested notarial acts

WHY

WHAT

HOW

FUNDAMENTALS APPLY TO ALL

TEXAS NOTARIES

Traditional Notary Public Online Notary Public

All fundamentals, principles of notarization apply.

Both subject to Subchapter A, Gov’t Code Chap. 406 and

Tex. Admin. Code

May perform all notarial acts authorized under

Gov’t Code Sec. 406.016

Paper and electronic

documents, physically

present signer

Only electronic documents,

signer personally appears

online.

A Notary is a Notary is a Notary…

WHY NOTARIAL ACTS

MATTER

Assurances:

Notarial certificate

(Prima facie evidence)

Notarization date and place

Signer was identified

Specific notarial act

performed

Notary’s signature, official

title

Official seal

Notary as impartial witness to the

principal signer’s awareness, free

will



WHY NOTARIAL ACTS

MATTER

The assurance that notarial acts are

recognized across state borders.

A notarial act

performed in one

state…

…is recognized in

another state…

…as if a Notary of the

receiving state performed

the notarial act.

REQUIRED NOTARY

TOOLS

 Seal of office

 Record book

(paper or electronic)

 Fee list, bill/receipt book

STANDARDS OF

PROFESSIONAL CONDUCT

… act lawfully and ethically

… safeguard Notary tools

… maintain commission information,

status

… reject improper coercion

… refuse conflicts of interest

… provide service without discriminating

… refuse to notarize when necessary

DO:

NOTARY LIABILITY

 Unlimited personal liability, every

notarization

 Employer can also be exposed

 Your bond protects the public; you repay

the surety company plus damages above

bond limits.

 Errors & Omissions Insurance protects

YOU.

TEXAS NOTARY:

AUTHORIZED DUTIES

 Proofs of written instruments

 Certify copies of non-recordable

documents

 Take depositions, issue protests

Most requested

Also

Oaths and affirmations

Acknowledgments

OATHS AND AFFIRMATIONS

 Same legal effect

 Both compel truthfulness under penalties of

perjury about a statement or promise

Oath:

Truthfulness before

God

(“…so help you God”)

Affirmation:

Truthfulness under

one’s own conscience

 Verbal only, or involving a document

OATHS AND AFFIRMATIONS

No document:

Notary’s verbal ceremony:

“Do you, John Doe

you will uphold the duties of

the office to which you have

been elected [so help you

God]?”

Document:

 Principal signer swears-to or affirms the

truthfulness of the document contents.

 Signs document in Notary’s presence

Notary’s verbal ceremony:

OATH: “Do you, John Doe, solemnly swear

under penalties of perjury that the

information contained in this document

is true, so help you God?”

AFFIRMATION: “Do you, John Doe, affirm

under penalties of perjury that the

information contained in this document

is true?”

[solemnly swear]

[affirm]

OATHS AND AFFIRMATIONS

Certificate Elements

State of Texas

County of (where notarization is

performed

)

Sworn to and subscribed before me on

the (date) day of (month), (year), by

_________________________.

Name of Principal

( Notary Public’s Signature ) [SEAL]

NOTARY PUBLIC, STATE OF TEXAS

Venue

Indicates oath

Means “signed”

Indicates presence

Exact date of notarization

Name of principal signer who appears

Notary’s official signature

Official notarial seal

Title of office

Can be

“Affirmed” instead of

“Sworn to”

Oath/affirmation

and signature occur

in Notary’s

presence.

ACKNOWLEDGMENTS

 Person declares (acknowledges) signing a document

voluntarily, for its stated purposes and considerations.

 Document may already be signed, or may be signed in

the Notary’s presence.

 Signer may sign for himself, or as agent for the

principal.

ACKNOWLEDGMENTS

 Signer may sign for himself, or as agent for the principal

or party.

“Do you, John Doe, acknowledge signing this document

willingly, for the purposes and consideration stated in it?”

Individual capacity:

An individual (principal)

acknowledges his signature

before the Notary.

Representative capacity:

Another person has authority to

acknowledge the principal’s signature

before the Notary.

Notary not responsible for verifying

representative capacity.

 Verbal ceremony

ACKNOWLEDGMENTS

Certificate Elements (Individual Acknowledgment)

State of Texas

County of (where notarization is

performed

)

Acknowledged before me on the

(date) day of (month), (year), by

_________________________.

Name of Principal

( Notary Public’s Signature ) [SEAL]

NOTARY PUBLIC, STATE OF TEXAS

Venue

Indicates acknowledgment

Indicates presence

Exact date of notarization

Name of principal signer who appears

Notary’s official signature

Official notarial seal

Title of office

Signature can

be made before

notarization or

during, but is

always

acknowledged

in the Notary’s

presence.

*If not the statutory short form, must indicate whether signer was identified by personal knowledge or satisfactory evidence.

“Short Form”*

ACKNOWLEDGMENTS

Certificate Elements (Representative-Capacity Acknowledgment)

State of Texas

County of (where notarization is performed)

Acknowledged before me on the

(date

) day of (month), (year), by

_________________________ as

____________________

Name of Representative Title of

Representative

for/of

___________________________________________.

Name of Principal or Entity Represented

( Notary Public’s Signature ) [SEAL]

NOTARY PUBLIC STATE OF TEXAS

Venue

Indicates acknowledgment

Indicates presence

Exact date of notarization

Name of person PRESENT before Notary

Representative capacity of person PRESENT

The person or entity represented

Notary’s official signature

Official notarial seal

Title of office

NOTARIZATION

PROCEDURE

1. Require personal appearance

2. Examine the document

3. Discuss fees

4. Identify the principal signer

5. Create a record

6. Document execution, verbal ceremony

7. Complete the notarial certificate

NOTARIZATION

PROCEDURE

1 Require Personal

Appearance

2 Examine (Scan) the

Document

Physical presence of the

principal signer is

REQUIRED.

 Paper-document

notarizations

 Electronic notarizations

NOT performed online

a. Is it complete? (All pages present; no blanks)

b. Review the notarial certificate wording; is the

notarial act authorized?

c. Who is/are principal signer(s) named in the

document?

d. Is the document is already signed

(acknowledgment only)?

• Signature date

• Original

e. Determine document information needed for

recordbook entry

NOTARIZATION

PROCEDURE

3 Discuss Fees Allowable Fees

• Fees are optional

• Before notarizing,

disclose intent to charge

fees. Itemize and

present fees.

• Remember posting of

fees is required.

• Don’t charge fees above

those specified in

statute.

Most-requested notarial acts:

 Acknowledgment or proof - $6 ($1 ea. add’l

sig.)

 Oath or affirmation (certificate and seal) -

See Texas Gov’t Code Sec. 406.024 for other

authorized fees.

NOTARIZATION

PROCEDURE

4 Identify the

Signer(s)

Satisfactory Identification

Personal knowledge

Satisfactory evidence

of identification

For paper-document notarizations and

electronic notarization that is NOT performed

online:

 A current identification card or other

document issued by the federal government

or any state government that contains the

photograph and signature of the

acknowledging person.

* Foreign Passport ONLY with respect to a deed or other

instrument relating to a residential real estate

transaction.

 Verbal oath of a credible witness who is

personally known.

•

NOTARIZATION

PROCEDURE

5 Create a Record Entry Requirements (Gov’t Code S.406.014)

Create a record of

every

notarial act

performed

Book, computer or

other storage

device

(UNLESS for an

online notarization)

Public record

 Date of each document notarized

 Date of notarization

 Name of person appearing (signer, grantor, subscribing

witness or maker)

 The person’s mailing address

 How the person was identified (personally known, or

type of satisfactory evidence; include name and

mailing address of any credible witness)

 How a subscribing witness, if applicable, was

identified (personally known or credible witness, only)

 Name, address of grantee

 If land conveyed, name of original grantee, county

where land located

 A brief description of the document

NOTARIZATION

PROCEDURE

6 Document Execution, Verbal Ceremony

Witness or review

the principal

signer’s signature

•

Perform the

appropriate verbal

ceremony

Oath or affirmation:

“Do you, John Doe, [solemnly swear] [affirm] under

penalties of perjury that the information contained

this document is true, [so help you God]?”

Acknowledgment:

“Do you, John Doe, acknowledge signing this

document willingly, for the purposes and

consideration stated in it?”

NOTARIZATION

PROCEDURE

7 Complete the Notarial Certificate

Always at the time

of the notarial act;

never before or later

•

Print legibly with

permanent ink; affix

clean, crisp seal

impression. Do not

overlap text.

Notarial certificate (completed by a

Traditional Notary Public) must include:

1. Name of the principal signer

2. Date of notarization

3. State and county in which the notarization

is performed

4. Notarial act performed

5. Notary Public’s signature

6. Notary Public’s seal

REFUSE OR STOP THE

NOTARIZATION

1. A requirement of notarization is missing

2. A requirement of notarization is refused

3. An act not authorized is requested

4. Doubts about the signer’s comprehension, willingness

5. Reasonable belief that the signer is coerced

6. Reasonable belief that the document will be used

unlawfully or improperly

7. Not familiar with the requested notarial act

See Tex. Admin. Code Sec. 87.42

PROHIBITED ACTS

… notarize without the signer present

… notarize your own signature

… alter or change any part of the document content

… choose the notarial certificate

… execute a false certificate or use a different name than as

commissioned

… journal an ID number or personally identifying number(s)

… misrepresent Notary powers (giving advice, advertising) or

perform

unauthorized functions

… issue an identification card

… overcharge, or charge a fee not expressly allowed

S T S t f St t ’ li N t P bli Ed ti l I f ti

N’

The office of Notary Public is ancient, honorable.

Your notarial acts create assurances that have been

valued by relying parties for centuries.

Every notarial act matters… Notaries Public matter.

REMEMBER…

Thank you!

Texas Notary Fundamentals: Why, What and How of Notarization

Presented by Kathleen Butler, Executive Director

American Society of Notaries

March 2019