Texas Notary Public Exam — Questions and Answers

Question 1: Which Texas Government Code chapter primarily governs notaries public?

Chapter 601
Chapter 406 (Correct answer)
Chapter 552
Chapter 312

Correct answer: Chapter 406

Texas Government Code Chapter 406 is the primary statute governing notaries public in Texas, covering appointment, qualifications, and duties.

Question 2: Under Texas law, which of the following would disqualify a document from being notarized?

Blank spaces in the document that could allow future alterations (Correct answer)
The document involves a real estate transaction
The document is typed rather than handwritten
The document is longer than 10 pages

Correct answer: Blank spaces in the document that could allow future alterations

A notary should not notarize a document with significant blank spaces that could be filled in after notarization, as it creates risk of fraud.

Question 3: Can a Texas notary notarize a document for a person who is visibly intoxicated?

No, but only if the signer is driving to the appointment
Yes, as long as the signer shows valid ID
Yes, intoxication does not affect the validity of a notarization
No, the notary should refuse if the signer appears unable to understand what they are signing (Correct answer)

Correct 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.

Question 4: If a signer refuses to provide identification to a Texas notary, the notary should:

Ask a bystander to vouch for the signer
Call local law enforcement
Proceed if the signer looks trustworthy
Refuse to perform the notarization (Correct answer)

Correct answer: Refuse to perform the notarization

Without satisfactory identification, the notary cannot verify the signer's identity and must refuse to notarize.

Question 5: How does the Texas Secretary of State send the notary commission certificate to the applicant?

Via regular mail to the address on the application (Correct answer)
By email as a PDF attachment
Via certified mail only
In person at a regional SOS office

Correct answer: Via regular mail to the address on the application

The Secretary of State mails the commission certificate to the address provided on the application via regular mail.

Question 6: Is Errors and Omissions (E&O) insurance required for Texas notaries?

No, it is prohibited by Texas law
No, it is optional but recommended (Correct answer)
Yes, it is required in addition to the surety bond
Yes, but only for notaries who perform remote online notarizations

Correct answer: No, it is optional but recommended

E&O insurance is not required by Texas law but is strongly recommended as it provides additional financial protection for the notary.

Question 7: Which of the following is NOT a notarial act in Texas?

Providing legal advice about a document (Correct answer)
Taking an acknowledgment
Administering an oath
Certifying a copy of a document

Correct answer: Providing legal advice about a document

Providing legal advice constitutes the unauthorized practice of law and is not a notarial act a Texas notary may perform.

Question 8: 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?

Provide a summary of the entry but refuse to provide a full copy to protect the signer's privacy.
Provide a certified copy of the requested entry, as notary records are public information. (Correct answer)
Inform the requester that only law enforcement can view the record book.
Decline the request, as the record book contains private information and is for the notary's use only.

Correct 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.

Question 9: An applicant for a Texas Notary commission was convicted of shoplifting, a Class B misdemeanor, two years ago. How does this conviction affect their eligibility?

The application will be denied because the conviction is for a crime involving moral turpitude. (Correct answer)
It has no effect, as only felony convictions are disqualifying.
The application will be automatically approved as it was a minor offense.
The applicant must wait for a period of five years before they can apply.

Correct answer: The application will be denied because the conviction is for a crime involving moral turpitude.

Texas law disqualifies applicants who have been convicted of a felony or a crime involving moral turpitude. Crimes involving moral turpitude include those related to dishonesty, such as theft (shoplifting), fraud, or deceit, and can include Class A and B misdemeanors. Therefore, this conviction would be grounds for denial of the application.

Question 10: A notary in Texas who personally knows the signer:

Still must require photo identification
Is prohibited from notarizing for acquaintances
May identify the signer by personal knowledge alone (Correct answer)
Must have two witnesses corroborate the identity

Correct answer: May identify the signer by personal knowledge alone

Texas law permits a notary to rely solely on personal knowledge to establish a signer's identity without requiring additional ID.

Question 11: Under Texas law, can a notary use their seal on a blank piece of paper with no document attached?

No, unless the blank page will be filled in within 24 hours
No, the notary's seal must always be applied to an actual document with a completed certificate (Correct answer)
Yes, if the person has already identified themselves
Yes, to create pre-notarized pages for faster service

Correct answer: No, the notary's seal must always be applied to an actual document with a completed certificate

Applying a notary seal to a blank page or incomplete certificate is a serious violation that enables document fraud and is strictly prohibited.

Question 12: A Texas notary advertises services in Spanish. According to Texas Government Code §406.017, what specific disclaimer must be included in the advertisement?

"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." (Correct answer)
"This office does not provide legal advice."
"Servicios de notario público no son consejos legales."
"Consult an attorney for all legal matters."

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

Texas Government Code §406.017 specifically requires that any advertisement for notary services in a language other than English must include a conspicuous notice with the exact phrase: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." This notice must be in both English and the language of the advertisement.

Question 13: Which notarial act requires the signer to be physically present AND sign the document in the notary's presence?

Certified copy
Jurat (Correct answer)
Acknowledgment
Apostille

Correct answer: Jurat

A jurat requires the signer to physically appear before the notary, sign the document in the notary's presence, and swear or affirm to the truthfulness of its contents.

Question 14: What is an affirmation in the context of Texas notarial practice?

A written confirmation of a notary's commission
A notarized copy of an official document
A solemn declaration equivalent to an oath, without invoking a deity (Correct answer)
A written statement that does not require a notary

Correct answer: A solemn declaration equivalent to an oath, without invoking a deity

An affirmation is a legally binding solemn declaration made by someone who objects to taking a religious oath, carrying the same legal weight.

Question 15: When must a Texas notary public obtain their surety bond?

Within 30 days after receiving the commission
Before submitting the notary commission application (Correct answer)
After completing required notary training
Within 60 days of being commissioned

Correct answer: Before submitting the notary commission application

The surety bond must be obtained and submitted along with the notary commission application to the Secretary of State.

Question 16: A Texas notary who charges fees above the legally permitted maximum may face:

A private lawsuit only with no regulatory consequences
Criminal prosecution for extortion
Discipline including revocation of commission (Correct answer)
No consequences if the signer agreed to pay

Correct answer: Discipline including revocation of commission

Overcharging for notarial services violates Texas law and can result in disciplinary action including commission revocation.

Question 17: 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?

Notify the county clerk of their residence.
Report the loss or theft to the Texas Secretary of State. (Correct answer)
File a report with local law enforcement.
Order a new seal from an authorized vendor.

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 18: What is a jurat as performed by a Texas notary?

A court order requiring notarization
A certificate that the notary witnessed the signing of a document
A certificate confirming that a signer swore or affirmed to the truthfulness of a written statement (Correct answer)
A certification of a copy of a government record

Correct answer: A certificate confirming that a signer swore or affirmed to the truthfulness of a written statement

A jurat is a notarial certificate indicating that the signer appeared before the notary, was duly sworn or affirmed, and that the contents of the document are true.

Question 19: A key component of a Texas remote online notarization is verifying the signer's identity when they are not personally known to the notary. Which of the following is a mandatory, multi-step process for remote identification?

Having the signer answer a series of personal questions created by the notary.
Verifying a government-issued ID solely through visual inspection via the webcam.
Receiving a sworn, written statement of identity from the signer via email prior to the session.
Credential analysis of a government-issued ID and a process of knowledge-based authentication (KBA). (Correct answer)

Correct answer: Credential analysis of a government-issued ID and a process of knowledge-based authentication (KBA).

Texas law requires a two-part process for identifying a remote principal not personally known to the notary. This involves: 1) Credential analysis, where a third-party service verifies the validity of the signer's government-issued ID, and 2) Identity proofing, often through knowledge-based authentication (KBA), where the signer must correctly answer questions based on their personal and credit history.

Question 20: According to the Texas Government Code, what is the maximum fee a notary public can charge for taking an acknowledgment or proof for the first signature on a document?

$6
$15
$10 (Correct answer)
$1

Correct answer: $10

Texas Government Code § 406.024(a)(4) specifies that the maximum fee for taking an acknowledgment or proof of a deed or other instrument for the first signature is $10. The previous fee was $6, but it was updated.

Texas Notary Public Exam

The Texas Notary Public Exam is a 20-question multiple-choice assessment administered by the Texas Secretary of State, testing knowledge of basic notary principles, authorized notarial acts, and proper procedures required for commissioning.

Questions

30 min

Time Limit

70%

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