TX Notary - Texas Notary Prohibited Acts and UPL Questions and Answers

Question 1

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?

Accepted Answer

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

Answer

Advise the client that an acknowledgment is usually best for this type of document.

Answer

Refuse the notarization because the document is incomplete without the certificate.

Answer

Prepare a new document for the client with the correct notarial certificate included.

Question 2

Which of the following phrases is a Texas notary strictly prohibited from using when advertising their services, to avoid the unauthorized practice of law?

Accepted Answer

"Notario Público"

Answer

"Notary Public Services Available"

Answer

"Licensed and Bonded Texas Notary"

Answer

"Mobile Notary for Legal Documents"

Question 3

A client brings a handwritten will to a Texas notary and asks the notary to review it for completeness and to ensure it is legally sound before notarizing the signatures. What is the appropriate response from the notary?

Accepted Answer

Explain that the notary's role is limited to verifying the signer's identity and witnessing the signature, and they cannot provide legal advice.

Answer

Scan the document for any obvious blank spaces and advise the client to fill them in.

Answer

Notarize the signatures but add a note in the journal that the notary did not review the document's content.

Answer

Refuse to notarize the document because handwritten wills are not valid in Texas.

Question 4

Under Texas law, which of the following acts by a non-attorney notary would be considered the Unauthorized Practice of Law (UPL)?

Accepted Answer

Drafting a power of attorney document for a fee.

Answer

Certifying a copy of a non-recordable document, like a passport.

Answer

Refusing to notarize a document when the signer appears to be coerced.

Answer

Administering an oath of office to a public official.

Question 5

A Texas notary advertises services in Spanish. According to Texas Government Code §406.017, what specific disclaimer must be included in the advertisement?

Accepted Answer

"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."

Answer

"Servicios de notario público no son consejos legales."

Answer

"This office does not provide legal advice."

Answer

"Consult an attorney for all legal matters."

Question 6

A notary is asked to notarize a real estate deed. The signer seems confused and asks the notary, "What does this 'warranty' clause mean for me?" Which action is prohibited for the notary?

Accepted Answer

Explaining that a warranty clause generally guarantees clear title to the property.

Answer

Informing the signer that the notary cannot explain the document's contents.

Answer

Suggesting that the signer contact the person who drafted the document or an attorney for clarification.

Answer

Proceeding with the notarization if the signer still wishes to sign after being told the notary cannot offer advice.

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?

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?