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Prohibited Acts and UPL Flashcards

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  1. What must a Texas notary do if a signer presents an identification document that the notary suspects is forged?

    Answer: Refuse to perform the notarization and report the suspicious ID to law enforcement

    When a notary suspects the ID is forged, they must refuse the notarization and report the fraudulent ID to law enforcement.

  2. Can a Texas notary notarize a document for a person who is visibly intoxicated?

    Answer: No, the notary should refuse if the signer appears unable to understand what they are signing

    A notary should refuse to notarize for a visibly intoxicated signer because intoxication may impair the signer's capacity to voluntarily and knowingly execute the document.

  3. Is it a prohibited act for a Texas notary to notarize a document they personally prepared for a client?

    Answer: Yes, if preparing the document constitutes the unauthorized practice of law

    If a non-attorney notary prepared a legal document for a client (which itself may be UPL), notarizing it compounds the violation; the primary issue is whether preparation constitutes UPL.

  4. What is a 'notario publico' and why is it a concern in Texas?

    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.

  5. A Texas notary tells a signer 'This document looks fine, you should sign it.' Is this permissible?

    Answer: No, telling a signer a document looks fine constitutes legal advice and is UPL

    Advising a signer that a document looks fine constitutes a legal opinion about the document's adequacy and validity, which is the unauthorized practice of law.

  6. Which Texas Government Code provision specifically addresses the maximum fees a notary may charge?

    Answer: §406.024

    Texas Government Code §406.024 sets the maximum fees for notarial acts and prohibits charging above those maximums.

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Sources & references

Exam facts on this page (fees, format, dates, passing scores) are checked against these official sources; the date is our last check. Editorial policy

  1. statutes.capitol.texas.gov — Eligibility, fees, renewal, score validity · verified Oct 2026
  2. sos.state.tx.us — Test delivery, score release, time limit, fees, passing score, retake policy, test dates · verified Oct 2026