Notary Do's and Don'ts
Notary Do's and Don'ts
Here is a list of what can not be notarized
Here is a list of what can not be notarized
A notary cannot notarize the document under these circumstances:
If signer is not physically present.
If the document contains missing pages or blanks that should be complete at the time of notarization.
Post-date a notarial certificate, or date it earlier than the actual date of notarization.
If the notarial certificate is blank.
If the signer cannot be positively identified through personal knowledge or satisfactory evidence of identification.
If the document is not "original," bearing the signer's original, signature.
If the required notarial act is not indicated by the document, the signer or someone connected to the document.
Notaries Cannot
authenticate or validate objects.
Give advice or opinions that should be given by an attorney.
proceed with a notarization if the signer appears confused or mentally incapable of understanding the transaction.
may not proceed with notarization if they think the transaction is illegal.
The examples of documents that cannot be Notarized are:
Birth and Death Certificates
These are recordable documents, and a certified copy can only be issued by the governmental agency. However, a notary public has the authority to certify copies of original documents that are not recordable in the public records.
Photographs
Notarizing photographs is not an authorized notarial act. However, we can notarize a statement about a photograph with the photograph as an attachment.
Names that don’t match
The name on the document does not match the name on the ID.
Documents with blanks
Documents must be complete and have no blank spaces. However, if there are blanks that are to be left blank, The Signer will be asked to insert “to be added later,” or “N/A”.
Faxed or copied signatures
A photocopied signature may never be notarized.
Backdate or forward date a notarization
We cannot backdate or forward date a notarization. The document can bear the date it is created or becomes effective, but document is notarized with the dated the day the notarization.
Preparing or choosing the document
Notaries are prohibited from preparing or choosing the documents for signing. The only forms we have are notarization forms when one isn’t provided with the document to be notarized.
Notary Do's
A notary public serves a number of important functions. We ensure proper authentication and execution of documents, and to defer fraud by positivity identifying the signer of the document. Our seal indicates that we executed the duties of the tasks defined by our commission.
Texas Notaries can notarize a handwritten document. however, the document presented must include the following: 1) identify the signer; 2) include statements; 3) have a signature line for the signer; and 4) contain a notarial certificate.
Documents Written in a Foreign Language
We need to be able to determine the signer's name, the notarial act required, the date of the document and whether the document is complete. Such as no missing pages or blank spaces that look like they should be filled-in.
Notarial Certificates in a Foreign Language
The foreign-language certificate must be replaced with one written in English. We are required to make this alteration.
ID Cards
The only type of ID card we can accept must be issued by State or Government identification these are a generally:
Drivers License State Id Card
Military ID
INS Card
Passport
and things of that nature....
A work identification card has no expiration and therefore, not is not a legitimate form of ID. The ID must contain a Signature, Physical Description, Photo and Expiration to be acceptable.
The examples of documents that can be Notarized are:
Transfer of property ownership
Real Estate Documents
Residential Loan documents
Loan closings
Title Escrow closings
Deeds of Easement
Quit Claim Deed
Deeds Releases
Grant Deeds
Lien Releases
Mortgage closings
Real Estate
Lease Agreements
Vehicle Title Transfer
Bill of Sale
Proof of residence
School district residency
Declaration of guardianship
Name Changes
Travel consent
Declaration of common law union
Pre-Marital Agreements
Dissolution of Marriage
Durable Power of Attorney
Bank Power of Attorney
Certified Copy of Power of Attorney
Medical treatment consent
Advanced Medical Directives
Medical records
Wills
Living Trust Documents
Pension and Retirement documents
Investment Documents
Personal Statements
DMV Traffic School Final Exam
Certified Copy non-recordable documents
Declaration of lost or stolen passport
Business contracts
Incorporation's
Business Partnerships
Professional licensing
Employment forms
Business documents
Financial documents
Government Forms
Promissory Notes
Acknowledgements
Jurats
Affirmations
Affidavits
Oaths, Sworn in for Testimony
Protesting a bill for non-payment
Prison Inmate documents
Documents for Apostilles
Foreign Adoptions
Adoption papers
Notary Rules
A notary public is not a notario or notario público.
A notary public is not authorized to practice law.
A notary public may not give legal advice or prepare legal documents.
A notary public may not charge a fee for preparation of immigration documents or represent someone in immigration matters.
Please report any notaries public disobeying these rules to the Office of the Secretary of State.
Notary Rules
A notary public is not a notario or notario público.
A notary public is not authorized to practice law.
A notary public may not give legal advice or prepare legal documents.
A notary public may not charge a fee for preparation of immigration documents or represent someone in immigration matters.
Please report any notaries public disobeying these rules to the Office of the Secretary of State.