TX NNJE Notary Misconduct and Liability 2 — Questions and Answers
Question 1: A Texas employer orders a notary employee to notarize documents without verifying signers' identities. What should the notary do?
- Comply, because employer instructions override notary duties
- Refuse, because the notary's legal duty overrides employer instructions (Correct answer)
- Comply only for internal documents
- Ask the Secretary of State for permission to comply
Correct answer: Refuse, because the notary's legal duty overrides employer instructions
A notary's legal duty to verify signer identity cannot be overridden by an employer; the notary bears personal liability for improper notarizations.
Question 2: What is 'notarial fraud' in the Texas context?
- Charging the maximum statutory fee
- Intentional misrepresentation or falsification of a notarial act or certificate (Correct answer)
- Refusing to notarize a document
- Forgetting to sign a journal entry
Correct answer: Intentional misrepresentation or falsification of a notarial act or certificate
Notarial fraud involves deliberately misrepresenting or falsifying a notarial act, which is a serious crime carrying criminal and civil penalties.
Question 3: A Texas notary backdates a notarial certificate at a signer's request. This is:
- Acceptable if the signer provides a written request
- Fraud and a criminal violation of Texas law (Correct answer)
- Acceptable for correcting administrative errors
- Acceptable only for deeds and real estate documents
Correct answer: Fraud and a criminal violation of Texas law
Backdating a notarial certificate is fraud under Texas law regardless of the reason, as it creates a false official record.
Question 4: Can a Texas notary notarize a document if they believe the signer is being coerced?
- Yes, as long as valid ID is presented
- No, the notary must refuse if they believe the signer is acting under duress (Correct answer)
- Yes, if the signer verbally confirms they are willing
- Only if a law enforcement officer is present
Correct answer: No, the notary must refuse if they believe the signer is acting under duress
A notary must refuse to notarize if they have reason to believe the signer is acting under coercion, as voluntary participation is a prerequisite for notarization.
Question 5: A Texas notary's seal is stolen. What should the notary do immediately?
- Order a replacement seal and continue working
- Report the theft to law enforcement and the Secretary of State, and stop using the commission until resolved (Correct answer)
- Use an unofficial stamp until the replacement arrives
- Notify only their employer
Correct answer: Report the theft to law enforcement and the Secretary of State, and stop using the commission until resolved
A stolen seal must be reported to law enforcement and the Secretary of State immediately to prevent unauthorized use and protect the notary's liability.
Question 6: Under Texas law, what is the statute of limitations concern that makes notary journal retention important?
- Criminal charges against signers expire after 1 year
- Civil lawsuits challenging notarized documents may arise years later, requiring journal records as evidence (Correct answer)
- Notary fees must be refunded within 30 days of the act
- The Texas Secretary of State audits journals after 90 days
Correct answer: Civil lawsuits challenging notarized documents may arise years later, requiring journal records as evidence
Because challenges to notarized documents can occur years after the act, a complete journal is the notary's primary defense against claims of improper notarization.
TX NNJE Notary Misconduct and Liability 2
A Texas employer orders a notary employee to notarize documents without verifying signers' identities.
What should the notary do?