TX Notary Signer Identity Verification and Acknowledgments 2 — Questions and Answers
Question 1: In Texas, an acknowledgment can be taken from a signer who:
- Is present before the notary at the time of acknowledgment (Correct answer)
- Mailed the signed document to the notary
- Faxed the signed document to the notary
- Signed the document a week before visiting the notary
Correct answer: Is present before the notary at the time of acknowledgment
For a traditional acknowledgment, the signer must appear before the notary in person at the time the acknowledgment is taken.
Question 2: What does it mean for a notary to 'identify' a signer?
- Verify the signer's marital status
- Establish who the signer is through acceptable evidence (Correct answer)
- Confirm the signer's employment
- Determine the signer's age
Correct answer: Establish who the signer is through acceptable evidence
Identifying a signer means establishing the signer's identity through personal knowledge, credible witnesses, or acceptable identification documents.
Question 3: Which statement about acknowledgments vs. jurats in Texas is correct?
- Both require the signer to sign in the notary's presence
- An acknowledgment requires the signer to swear an oath
- A jurat requires signing in the notary's presence; an acknowledgment does not (Correct answer)
- Both require a credible witness
Correct answer: A jurat requires signing in the notary's presence; an acknowledgment does not
For a jurat, the signer must sign in the notary's presence and swear an oath, whereas an acknowledgment only requires the signer to appear and acknowledge the signature.
Question 4: A Texas notary is asked to notarize a document for a person who does not speak English. The notary should:
- Refuse to notarize the document
- Proceed only if the signer can communicate their acknowledgment somehow (Correct answer)
- Require a certified interpreter to be present
- Notarize without verifying understanding
Correct answer: Proceed only if the signer can communicate their acknowledgment somehow
The notary must be able to communicate with the signer sufficiently to confirm identity and willingness; an interpreter may help facilitate this.
Question 5: A satisfactory identification document for Texas notarization must include:
- Only the signer's name and address
- A photo, physical description or signature, and serial number or ID number (Correct answer)
- Only the issuing government agency's seal
- Only a current expiration date
Correct answer: A photo, physical description or signature, and serial number or ID number
Acceptable ID in Texas must contain a photo, physical description or signature, and a serial or ID number issued by a government entity.
Question 6: A notary in Texas who personally knows the signer:
- Still must require photo identification
- May identify the signer by personal knowledge alone (Correct answer)
- Must have two witnesses corroborate the identity
- Is prohibited from notarizing for acquaintances
Correct answer: May identify the signer by personal knowledge alone
Texas law permits a notary to rely solely on personal knowledge to establish a signer's identity without requiring additional ID.
TX Notary Signer Identity Verification and Acknowledgments 2
In Texas, an acknowledgment can be taken from a signer who: