TX Notary Notarial Certificates and Seal 2 — Questions and Answers
Question 1: What must a Texas notary's official seal contain according to Texas Government Code §406.013?
- Only the notary's name and county of residence
- The notary's name, 'Notary Public, State of Texas,' commission number, and expiration date (Correct answer)
- The notary's photograph and signature
- The surety company's name and bond amount
Correct answer: The notary's name, 'Notary Public, State of Texas,' commission number, and expiration date
§406.013 requires four elements: notary name, the words 'Notary Public, State of Texas,' the commission number, and the commission expiration date.
Texas Government Code §406.013 is specific about seal contents: the notary's name as commissioned, the words 'Notary Public, State of Texas,' the notary's commission number assigned by the SOS, and the commission expiration date. A seal that omits any of these elements is non-compliant.
Question 2: What happens if a notarial certificate contains a blank that is not filled in?
- The certificate remains valid unless the blank is for the date
- The certificate is incomplete and the notarization is defective (Correct answer)
- The blank may be filled in by the recipient later
- The notary is automatically fined $100
Correct answer: The certificate is incomplete and the notarization is defective
Leaving blanks in a notarial certificate creates a defective and incomplete notarization that may be rejected by courts, lenders, and government offices.
A notarial certificate must be complete when the notary signs and seals it. Blanks in the certificate make it legally deficient. Third parties may reject documents with incomplete certificates. The notary should never leave any blank unfilled and should never sign a certificate with already-unfilled blanks.
Question 3: Which of the following is true about the Texas notary seal?
- A rubber stamp is acceptable but an embosser is required
- Either a rubber stamp or an embosser (crimper) is acceptable (Correct answer)
- Only an embosser is legally acceptable
- The seal must be filed with the county clerk for approval
Correct answer: Either a rubber stamp or an embosser (crimper) is acceptable
Texas law allows notaries to use either an inked rubber stamp or an embosser (dry seal) as their official seal.
Texas Government Code §406.013 does not restrict the seal to a single format. Both rubber (inked) stamps and embossers (crimpers that create a raised impression) are legally acceptable. In practice, rubber stamps are more common because they create a clearly legible impression that is easier to photocopy.
Question 4: What is the venue on a notarial certificate?
- The date and time of the notarization
- The state and county where the notarial act was performed (Correct answer)
- The address of the notary's office
- The name of the document being notarized
Correct answer: The state and county where the notarial act was performed
The venue is the statement on the notarial certificate identifying the state and county in which the notarial act took place.
The venue at the top of a notarial certificate reads: 'State of Texas, County of _____.' It identifies where the notarial act was performed, which is important for establishing jurisdiction. Since a Texas notary may only act within Texas, the state will always be Texas, but the county will vary depending on where the act took place.
Question 5: Can a Texas notary use a facsimile signature stamp instead of their handwritten signature on notarial certificates?
- Yes, electronic signature stamps are acceptable
- No, Texas law requires the notary's handwritten or electronic signature on notarial certificates (Correct answer)
- No, only the seal is required — no signature is needed
- Yes, as long as the stamp is registered with the Secretary of State
Correct answer: No, Texas law requires the notary's handwritten or electronic signature on notarial certificates
Texas law requires notaries to personally sign notarial certificates; a facsimile rubber stamp signature is generally not acceptable for traditional notarizations.
A notary's handwritten signature on a notarial certificate is their personal attestation that the notarial act was performed. Using a pre-made rubber stamp signature defeats the purpose of personal authentication and is generally not accepted by courts and governmental agencies.
Question 6: What should a Texas notary do if they make a mistake on a notarial certificate?
- Use correction fluid to cover the error
- Cross out the error with a single line, initial it, and write the correct information nearby (Correct answer)
- Start over on a completely new certificate
- Leave it — minor errors are automatically excused
Correct answer: Cross out the error with a single line, initial it, and write the correct information nearby
The proper way to correct a handwritten error on a notarial certificate is to draw a single line through it, initial the correction, and write the correct information.
If a notary makes an error while completing the notarial certificate, the correction should be made by drawing a single line through the erroneous text, initialing the correction, and writing the correct information nearby. Using correction fluid on legal documents is unprofessional and raises questions about tampering. If the error is significant, starting a new certificate is the better choice.
TX Notary Notarial Certificates and Seal 2
What must a Texas notary's official seal contain according to Texas Government Code §406.013?