TX Notary Authorized Notarial Acts 2 — Questions and Answers
Question 1: Which of the following is a notarial act authorized under Texas Government Code Chapter 406?
- Providing legal advice on a document
- Taking an acknowledgment (Correct answer)
- Preparing a will for a signer
- Certifying a court record
Correct answer: Taking an acknowledgment
Taking an acknowledgment is one of the core notarial acts authorized by Texas Government Code Chapter 406.
Texas Government Code Chapter 406 authorizes Texas notaries to take acknowledgments, administer oaths and affirmations, take depositions, take proof of written instruments, and certify copies of certain documents. Taking an acknowledgment — where the notary confirms the identity of the signer and that the signer voluntarily executed the document — is a fundamental notarial act.
Question 2: What is a jurat as performed by a Texas notary?
- A certificate that the notary witnessed the signing of a document
- A certificate confirming that a signer swore or affirmed to the truthfulness of a written statement (Correct answer)
- A court order requiring notarization
- A certification of a copy of a government record
Correct answer: A certificate confirming that a signer swore or affirmed to the truthfulness of a written statement
A jurat is a notarial certificate indicating that the signer appeared before the notary, was duly sworn or affirmed, and that the contents of the document are true.
A jurat is used on affidavits and sworn statements. Unlike an acknowledgment, a jurat requires the signer to swear or affirm under penalty of perjury that the statements in the document are true. The notary's certificate reflects that the oath was administered and that the signature was made in the notary's presence.
Question 3: Can a Texas notary certify a copy of a birth certificate?
- Yes, notaries may certify copies of any document
- No, vital records like birth certificates may only be certified by the issuing agency (Correct answer)
- Yes, but only if the original is presented to the notary
- No, but the notary may certify a photocopy of a notarized copy
Correct answer: No, vital records like birth certificates may only be certified by the issuing agency
Certified copies of vital records (birth certificates, marriage certificates, death certificates) must be obtained from the issuing government agency, not from a private notary.
A Texas notary may certify copies of certain documents but not vital records such as birth, death, marriage, or divorce certificates. These must be obtained directly from the Texas Department of State Health Services or other issuing agency. Notarizing a photocopy of a vital record could mislead recipients about the document's authenticity.
Question 4: What is an acknowledgment in the context of Texas notarial acts?
- A statement by the notary that the document is legally valid
- A declaration by the signer, before the notary, that the signer executed the document as their free act and deed (Correct answer)
- A promise by the notary to keep the document confidential
- A court document acknowledging debt
Correct answer: A declaration by the signer, before the notary, that the signer executed the document as their free act and deed
An acknowledgment is the signer's declaration to the notary that they signed the document voluntarily and as their own act, after the notary verifies the signer's identity.
An acknowledgment is one of the most common notarial acts. The signer appears before the notary, presents satisfactory identification, and declares that they signed the document as their free and voluntary act. The signer need not sign in the notary's presence for an acknowledgment — they only need to acknowledge the signature they already made.
Question 5: Which notarial act requires the signer to be physically present AND sign the document in the notary's presence?
- Acknowledgment
- Certified copy
- Jurat (Correct answer)
- Apostille
Correct answer: Jurat
A jurat requires the signer to physically appear before the notary, sign the document in the notary's presence, and swear or affirm to the truthfulness of its contents.
A jurat (used on affidavits) requires the signer to be physically present, sign the document before the notary, and take an oath or make an affirmation regarding the truthfulness of the document's contents. An acknowledgment does not require the document to be signed in the notary's presence.
Question 6: Which of the following can a Texas notary NOT do, even though they are commissioned?
- Administer oaths
- Take an acknowledgment
- Provide legal advice on a document they are asked to notarize (Correct answer)
- Witness a signature
Correct answer: Provide legal advice on a document they are asked to notarize
Providing legal advice constitutes the unauthorized practice of law and is prohibited even if the person providing advice happens to be a notary.
A Texas notary, unless also licensed as an attorney, is prohibited from providing legal advice, drafting legal documents, or explaining the legal effect of a document to a signer. The notary's role is strictly ministerial — to verify identity, administer oaths, and authenticate signatures — not to advise on the content or legal impact of documents.
TX Notary Authorized Notarial Acts 2
Which of the following is a notarial act authorized under Texas Government Code Chapter 406?