Authorized Notarial Acts Flashcards

Which of the following is a primary duty of a Texas Notary Public as authorized by the Texas Government Code?

Answer: Taking an acknowledgment of a written instrument.

Texas Government Code §406.016 authorizes a Notary Public to take acknowledgments or proofs of written instruments, administer oaths, take depositions, protest instruments, and certify copies of documents not recordable in the public records. Preparing legal documents or giving legal advice is considered the unauthorized practice of law, and notaries can only certify copies of non-recordable documents, not vital records like birth certificates.

A person brings a document to a Texas Notary Public that has already been signed. To properly notarize the document with an acknowledgment, what must the notary do?

Answer: Ask the signer to declare that they willingly signed the document for the purposes stated within it.

For an acknowledgment, the law does not require the signer to sign in the notary's presence. However, the signer must personally appear before the notary and acknowledge that they signed the instrument for the purposes and consideration expressed in it. The notary's role is to verify the identity of the signer and the voluntariness of the signature, not to witness the signing itself or attest to the document's truthfulness.

A Texas Notary Public is authorized to perform all of the following acts EXCEPT:

Answer: Certifying a copy of a U.S. Passport.

Texas Notaries are explicitly prohibited from certifying copies of documents that are recordable in the public records. While some states have different rules, a U.S. Passport is an official government-issued document, and certified copies are typically obtained from the issuing agency. A Texas Notary can, however, perform a 'copy certification by document custodian,' where the custodian of the passport signs a statement affirming the copy's truthfulness, and the notary notarizes the custodian's signature. The other options—administering affirmations, taking depositions, and protesting instruments—are all authorized notarial acts in Texas.

When a signer appears before a Texas Notary to have their signature notarized on an affidavit, the notary must perform which notarial act?

Answer: Administering an oath or affirmation.

An affidavit is a written, sworn statement of fact. The proper notarial act for an affidavit is to administer an oath or affirmation to the signer (affiant), whereby they swear or affirm that the statements in the document are true. This act is completed with a notarial certificate called a jurat.

A client presents a Texas Notary with an original, signed contract and a photocopy, requesting the notary to certify that the photocopy is a true and correct copy of the original. This contract is a private agreement not filed in any public record. What is the correct action for the notary to take?

Answer: Make a new copy of the original document themselves and then certify it.

Texas Government Code §406.016(a)(5) allows a notary to certify copies of documents that are not recordable in the public records. To perform this act correctly, the notary must personally make or supervise the making of the photocopy from the original document. This ensures the notary has verified that the copy is an exact duplicate before certifying it.

The notarial act of 'protest' is most commonly associated with which type of document in Texas?

Answer: Negotiable instruments.

A protest is a formal written statement by a notary that a negotiable instrument, such as a check or promissory note, was presented for payment or acceptance, and it was refused. This act is primarily used in banking and commercial law to provide formal evidence of dishonor.