TX Notary - Texas Notary Notarial Certificates and Seal Questions and Answers 1 — Questions and Answers
Question 1: According to Texas Government Code § 406.013, which of the following is an essential element required to be on a Texas Notary Public's seal?
- The notary's county of residence.
- The Great Seal of the State of Texas.
- The words "Notary Public, State of Texas" around a star of five points. (Correct answer)
- The notary's business address.
Correct answer: The words "Notary Public, State of Texas" around a star of five points.
Texas Government Code § 406.013 explicitly requires a notary's seal to show the words "Notary Public, State of Texas" around a star of five points, the notary's name, their identifying number, and their commission expiration date. The county of residence, state seal, or business address are not required elements on the seal itself.
Question 2: A Texas notary is notarizing a document and notices the pre-printed notarial certificate is missing the venue. Which of the following correctly identifies the venue?
- The address where the signer lives.
- The name of the county where the document will be recorded.
- The state and county where the notarization is taking place. (Correct answer)
- The date the document was originally signed.
Correct answer: The state and county where the notarization is taking place.
The venue in a notarial certificate specifies the location of the notarial act. It must state the jurisdiction in which the notary is acting, which in Texas is formatted as "State of Texas, County of ______". It is not the signer's residence, the recording county, or the date of signing.
Question 3: A notary's official seal is lost or stolen. Under Texas law, what is the FIRST action the notary must take upon discovering the loss?
- Order a new seal from an authorized vendor.
- Notify the county clerk of their residence.
- File a report with local law enforcement.
- Report the loss or theft to the Texas Secretary of State. (Correct answer)
Correct answer: Report the loss or theft to the Texas Secretary of State.
While filing a police report is recommended, especially in cases of theft, the primary required action is to notify the Secretary of State. The SOS website provides instructions to log in to their portal to report the lost or stolen materials. A notary must obtain a new seal before resuming notarial services.
Question 4: When affixing the official seal to a notarial certificate, which of the following practices is required?
- The seal impression must overlap the notary's signature for security.
- The seal must be placed in the top-left corner of the page.
- The seal must be affixed using an embosser; an ink stamp is not sufficient.
- The seal impression must be clear, legible, and photographically reproducible. (Correct answer)
Correct answer: The seal impression must be clear, legible, and photographically reproducible.
Texas Government Code § 406.013(c) requires that the seal, whether from a press or a stamp, must legibly reproduce all required elements under photographic methods. The seal should not obscure any text or the signature. While an embosser is permitted, an ink stamp is also explicitly allowed and is more common.
Question 5: A client presents a document for notarization that has a signature line but no notarial certificate wording. Which of the following is the appropriate action for the Texas notary to take?
- Sign and stamp below the client's signature without any certificate wording.
- Refuse to notarize the document because it is incomplete.
- Select the appropriate certificate on the signer's behalf and attach it.
- Inform the signer that a notarial certificate is required and attach a completed, loose certificate of the signer's choosing. (Correct answer)
Correct answer: Inform the signer that a notarial certificate is required and attach a completed, loose certificate of the signer's choosing.
A notary cannot perform a notarization without a notarial certificate. The notary is prohibited from choosing the type of certificate for the signer, as this constitutes the unauthorized practice of law. The correct procedure is to explain that a certificate is necessary, present the different types (e.g., acknowledgment or jurat), let the signer choose, and then complete and attach the chosen certificate to the document.
Question 6: Which of the following elements, if missing from a completed acknowledgment certificate on a document notarized in Texas, would render the notarization improper?
- The fee charged for the notarial service.
- The signer's middle initial.
- The date the notarization was performed. (Correct answer)
- The title of the document being notarized.
Correct answer: The date the notarization was performed.
A complete notarial certificate in Texas must include several key elements, including the venue (state and county), the name of the principal (signer), the date of the notarization, the notary's signature, and the notary's seal. Omitting the date of the notarial act makes the certificate incomplete and the notarization improper.
TX Notary - Texas Notary Notarial Certificates and Seal Questions and Answers 1
According to Texas Government Code § 406.013, which of the following is an essential element required to be on a Texas Notary Public's seal?