Texas Notary Public Exam — Questions and Answers

Question 1: Under what circumstances can a member of the public file a claim against a Texas notary's surety bond?

Only if the notary refuses to perform a lawful notarization
When the notary's misconduct or negligence causes documented financial harm (Correct answer)
Only if the notary is first convicted of a criminal offense
When the notary's fees exceed the legal maximum amount

Correct answer: When the notary's misconduct or negligence causes documented financial harm

A bond claim can be filed when a notary's negligence, misconduct, or breach of duty results in documented financial harm to a member of the public.

Question 2: If a notary public chooses to charge for their services, which of the following actions is required by Texas law?

Charge a flat fee for all notarial acts, regardless of type.
Only accept cash payments for notarial fees.
Submit a copy of their fee schedule to the Secretary of State annually.
Keep a list of authorized fees posted in a conspicuous place in their office. (Correct answer)

Correct answer: Keep a list of authorized fees posted in a conspicuous place in their office.

Texas Government Code § 603.008 requires any officer who is authorized to charge fees, including a notary public, to keep a complete list of those fees posted in a conspicuous place in their office at all times.

Question 3: Which state authority has jurisdiction over complaints against Texas notaries?

Texas State Bar Association
Texas Attorney General's Office
Texas Secretary of State (Correct answer)
Texas Department of Licensing and Regulation

Correct answer: Texas Secretary of State

The Texas Secretary of State oversees notary public commissions and has authority to investigate complaints and take disciplinary action.

Question 4: Under Texas law, which of the following would disqualify a document from being notarized?

The document is typed rather than handwritten
The document is longer than 10 pages
Blank spaces in the document that could allow future alterations (Correct answer)
The document involves a real estate transaction

Correct answer: Blank spaces in the document that could allow future alterations

A notary should not notarize a document with significant blank spaces that could be filled in after notarization, as it creates risk of fraud.

Question 5: What information is typically printed on a Texas notary commission certificate?

The notary's employer name and office address
The surety company's name only
The notary's name, commission number, and expiration date (Correct answer)
The notary's social security number and date of birth

Correct answer: The notary's name, commission number, and expiration date

The commission certificate issued by the Secretary of State includes the notary's legal name, commission number, and the commission expiration date.

Question 6: A Texas notary who is not an attorney is asked by a client to help select the correct notarial certificate for a document. Which of the following actions is the notary permitted to take?

Advise the client that an acknowledgment is usually best for this type of document.
Prepare a new document for the client with the correct notarial certificate included.
Show the client samples of different notarial certificates and allow the signer to choose. (Correct answer)
Refuse the notarization because the document is incomplete without the certificate.

Correct answer: Show the client samples of different notarial certificates and allow the signer to choose.

A non-attorney notary in Texas commits the unauthorized practice of law (UPL) if they select or advise on the type of notarial certificate to be used. The proper procedure is to present the signer with the different types of certificates and let them make the selection. The notary may then attach the chosen certificate to the document.

Question 7: What does it mean for a notary to 'identify' a signer?

Confirm the signer's employment
Determine the signer's age
Verify the signer's marital status
Establish who the signer is through acceptable evidence (Correct answer)

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 8: What must a Texas notary do if they change their legal name during their commission term?

Notify the Secretary of State and obtain an updated commission (Correct answer)
Continue using their old name until renewal
Immediately stop performing notarial acts
File an amended oath with the district court

Correct answer: Notify the Secretary of State and obtain an updated commission

A notary who legally changes their name must notify the Texas Secretary of State and may need to obtain an amended commission reflecting the new name.

Question 9: What is a 'notario publico' and why is it a concern in Texas?

A person in Latin American countries with extensive legal authority; in Texas the title is used deceptively by non-attorneys who commit UPL (Correct answer)
A term used only in New Mexico and not relevant in Texas
The Spanish term for a licensed Texas notary
A licensed immigration attorney who also holds a notary commission

Correct answer: A person in Latin American countries with extensive legal authority; in Texas the title is used deceptively by non-attorneys who commit UPL

In Latin American countries, a 'notario publico' has broad legal authority; in the US, some unscrupulous individuals exploit this to deceive Spanish-speaking immigrants into believing they can provide legal services.

Question 10: Under Texas law, can a notary use their seal on a blank piece of paper with no document attached?

Yes, if the person has already identified themselves
No, unless the blank page will be filled in within 24 hours
Yes, to create pre-notarized pages for faster service
No, the notary's seal must always be applied to an actual document with a completed certificate (Correct answer)

Correct answer: No, the notary's seal must always be applied to an actual document with a completed certificate

Applying a notary seal to a blank page or incomplete certificate is a serious violation that enables document fraud and is strictly prohibited.

Question 11: A Texas notary's record book shows only the type of identification presented (e.g., 'Texas Driver's License') but not the ID number. Why is recording the ID number also recommended?

It provides a traceable reference if the signer's identity is later disputed or if the ID is found to be fraudulent (Correct answer)
State law requires it for all notarial acts
It allows the notary to charge a higher fee for the service
It is needed to verify the signer's credit history

Correct answer: It provides a traceable reference if the signer's identity is later disputed or if the ID is found to be fraudulent

Recording the specific ID number (e.g., the driver's license number) creates a traceable link between the document and the person who presented that credential. If the ID later turns out to be forged or the signer's identity is disputed, the notary can point to an exact document number rather than just a category of ID.

Question 12: What is the minimum audio-visual technology requirement for a Texas RON session?

An audio-only phone call is sufficient
Email with attached scanned documents
Real-time, two-way audio-visual communication allowing the notary and signer to see and hear each other (Correct answer)
Pre-recorded video submitted to the notary

Correct answer: Real-time, two-way audio-visual communication allowing the notary and signer to see and hear each other

Texas RON rules require real-time, two-way audio-visual communication — both the notary and signer can see and hear each other simultaneously during the session.

Question 13: A Texas notary takes an acknowledgment for a power of attorney. Which action is correct?

Confirm the attorney-in-fact is present and approves
Verify the principal appears willingly and acknowledges signing (Correct answer)
Record the names of all beneficiaries in the notary journal
Require two witnesses in addition to notarization

Correct answer: Verify the principal appears willingly and acknowledges signing

For a power of attorney acknowledgment, the notary confirms the principal (signer) appeared and voluntarily acknowledged executing the document.

Question 14: When must a Texas notary complete the notarial certificate — before or after the signer appears?

Either before or after is equally acceptable
Before the signer appears to save time
After the notarial act is performed and the signer has appeared (Correct answer)
The certificate must be mailed to the SOS, not completed by the notary

Correct answer: After the notarial act is performed and the signer has appeared

The notarial certificate must be completed after the notarial act is performed — after the signer has appeared, been identified, and the act has taken place.

Question 15: Which state office has the authority to revoke a Texas notary commission due to bond-related violations?

Attorney General's Office
Secretary of State (Correct answer)
State Bar of Texas
Texas Department of Licensing and Regulation

Correct answer: Secretary of State

The Texas Secretary of State has the authority to revoke or suspend a notary commission, including for failure to maintain a valid surety bond.

Question 16: When a Texas notary administers an oath for a deposition, the witness must:

Pay a fee before the oath is administered
Have their ID photocopied by the notary
Swear or affirm to tell the truth during testimony (Correct answer)
Sign a separate acknowledgment form

Correct answer: Swear or affirm to tell the truth during testimony

During a deposition oath, the witness swears or affirms to tell the truth, the whole truth, and nothing but the truth in their testimony.

Question 17: Which of the following is NOT a requirement to apply for a Texas notary commission?

Pass a written notary exam (Correct answer)
Have no felony convictions
Be a Texas resident
Be at least 18 years old

Correct answer: Pass a written notary exam

Texas does not require applicants to pass a written examination; they must meet age, residency, and character requirements.

Question 18: If a signer objects to taking a religious oath, a Texas notary should:

Require the signer to find a different notary
Offer an affirmation as an alternative (Correct answer)
Refuse to administer the notarization
Proceed with the oath regardless

Correct answer: Offer an affirmation as an alternative

A notary must offer an affirmation as an alternative to an oath for individuals with religious or conscientious objections.

Question 19: Can a Texas notary certify a copy of a birth certificate?

No, vital records like birth certificates may only be certified by the issuing agency (Correct answer)
Yes, notaries may certify copies of any document
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.

Question 20: What happens to a Texas notary's commission if they fail to maintain their surety bond?

The commission may be revoked or suspended by the Secretary of State (Correct answer)
The commission automatically renews without a bond requirement
The notary may continue working in a limited capacity
The notary receives a 90-day grace period to obtain a new bond

Correct answer: The commission may be revoked or suspended by the Secretary of State

Failure to maintain an active surety bond is grounds for the revocation or suspension of the notary's commission by the Secretary of State.

Texas Notary Public Exam

The Texas Notary Public Exam is a 20-question multiple-choice assessment administered by the Texas Secretary of State, testing knowledge of basic notary principles, authorized notarial acts, and proper procedures required for commissioning.

Questions

30 min

Time Limit

70%

To Pass

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