Record Book Requirements Flashcards

A Texas notary is recording a notarization for a deed of trust, a document conveying real property. In addition to the standard required information for all notarial acts, what specific additional information must the notary record in their record book for this type of transaction?

Answer: The name of the original grantee and the county where the property is located.

According to Texas Government Code §406.014, when a document involves the conveyance of real property, the notary must record the name of the original grantee and the county where the land is located, in addition to all other standard entry requirements. Financial details like loan amounts are not required, recording ID numbers is prohibited, and Texas law specifically prohibits recording biometric identifiers like thumbprints in the notary record book.

Which of the following pieces of information is a Texas notary public strictly PROHIBITED from recording in their notary record book?

Answer: The serial number from the signer's government-issued identification card.

Texas law explicitly prohibits a notary from recording an identification number assigned by a governmental agency, such as a driver's license or passport number, in their record book to protect the signer's personal information. The signer's address, the date of the document, and details of a credible witness are all required or permitted entries.

A Texas notary's commission expired, and they chose not to renew. According to Texas law, what is the minimum required retention period for their notary record book?

Answer: For the longer of: the term of the commission in which the notarization occurred, or three years following the date of the notarization.

Texas law requires a notary to keep their record book in a safe and secure manner for the longer of either the term of the commission in which the act occurred or three years after the date of the notarization. While permanent retention is a best practice, it is not the legally mandated minimum. After the required period, the notary must turn the book over to their local county clerk's office if they choose not to keep it.

A notary discovers their record book was stolen from their locked car. After filing a report with local law enforcement, what is the notary's IMMEDIATE required action according to the Texas Secretary of State?

Answer: Notify the Texas Secretary of State about the theft and obtain a new record book before resuming notarial duties.

If a notary's record book is lost or stolen, they must promptly notify the Secretary of State's office, providing details of the loss and a copy of the police report if stolen. A notary is prohibited from performing notarial acts without a record book, so they must obtain a new one before resuming their duties.

Regarding the physical format of a notary record book, which of the following is permissible under Texas law for a traditional notary public?

Answer: An electronic record in a computer, provided it is securely backed up and can be printed.

Texas Government Code §406.014(e) and Texas Administrative Code 1 TAC 87.51[a] explicitly permit notaries to maintain their records electronically in a computer or other storage device. The key requirements are that the electronic records must be securely backed-up to prevent loss and must be capable of being printed in a tangible format upon request.

A member of the public requests a certified copy of a specific entry from a Texas notary's record book and offers to pay the required fee. Which of the following is the correct response from the notary?

Answer: Provide a certified copy of the requested entry, as notary records are public information.

Under Texas Government Code §406.014, entries in a notary's record book are public information. A notary public is required to provide a certified copy of any record in their book to any person who requests it and pays the applicable fees.