WIXLIB

Why, What and How of NotarizationiKathleen Butler, Executive DirectorAmerican Society of Notaries

TODAYWHYiWHAT your notarial acts areimportant required or essential tools standards of professional conduct liability most-requested notarial actsHOW notarize using proven procedures

FUNDAMENTALS APPLY TO ALLTEXAS NOTARIESTraditional Notary PublicOnline Notary PublicAll fundamentals, principles of notarization apply.Both subject to Subchapter A, Gov’t Code Chap. 406 andTex. Admin. CodeMay perform all notarial acts authorized underGov’t Code Sec. 406.016Paper and electronicdocuments, physicallypresent signerOnly electronic documents,signer personally appearsonline.A Notary is a Notary is a Notary

WHY NOTARIAL ACTSMATTERAssurances: Notary as impartial witness to theprincipal signer’s awareness, freewill Notarial certificate(Prima facie evidence)Notarization date and placeSigner was identifiedSpecific notarial actperformedNotary’s signature, officialtitle

WHY NOTARIAL ACTSMATTERThe assurance that notarial acts arerecognized across state borders.A notarial actperformed in onestate as if a Notary of thereceiving state performedthe notarial act. is recognized inanother state

REQUIRED NOTARYTOOLS Seal of office Record book(paper or electronic) Fee list, bill/receipt book

STANDARDS OFPROFESSIONAL CONDUCTDO: act lawfully and ethically safeguard Notary tools maintain commission information,status reject improper coercion refuse conflicts of interest provide service without discriminating refuse to notarize when necessary

NOTARY LIABILITY Unlimited personal liability, everynotarization Employer can also be exposed Your bond protects the public; you repaythe surety company plus damages abovebond limits. Errors & Omissions Insurance protectsYOU.

TEXAS NOTARY:AUTHORIZED DUTIES1Oaths and affirmationsMost requested2AcknowledgmentsAlso Proofs of written instruments Certify copies of non-recordabledocuments Take depositions, issue protests

OATHS AND AFFIRMATIONS Same legal effect Both compel truthfulness under penalties ofperjury about a statement or promiseOath:Affirmation:Truthfulness beforeGod(“ so help you God”)Truthfulness underone’s own conscience Verbal only, or involving a document

OATHS AND AFFIRMATIONSNo document:Document:Notary’s verbal ceremony: Principal signer swears-to or affirms thetruthfulness of the document contents. Signs document in Notary’s presence[solemnly swear]“Do you, John Doe[affirm]you will uphold the duties ofthe office to which you havebeen elected [so help youGod]?”Notary’s verbal ceremony:OATH: “Do you, John Doe, solemnly swearunder penalties of perjury that theinformation contained in this documentis true, so help you God?”AFFIRMATION: “Do you, John Doe, affirmunder penalties of perjury that theinformation contained in this documentis true?”

OATHS AND AFFIRMATIONSCertificate ElementsVenueIndicates oathMeans “signed”Indicates presenceExact date of notarizationName of principal signer who appearsNotary’s official signatureState of TexasCounty of (where notarization isperformed)Can be“Affirmed” instead of“Sworn to”Sworn to and subscribed before me onthe (date) day of (month), (year), by.Name of PrincipalOfficial notarial sealTitle of office( Notary Public’s Signature )NOTARY PUBLIC, STATE OF TEXAS[SEAL]Oath/affirmationand signature occurin Notary’spresence.

ACKNOWLEDGMENTS Person declares (acknowledges) signing a documentvoluntarily, for its stated purposes and considerations. Document may already be signed, or may be signed inthe Notary’s presence. Signer may sign for himself, or as agent for theprincipal.

ACKNOWLEDGMENTS Signer may sign for himself, or as agent for the principalor party.Individual capacity:Representative capacity:An individual (principal)acknowledges his signaturebefore the Notary.Another person has authority toacknowledge the principal’s signaturebefore the Notary.Notary not responsible for verifyingrepresentative capacity. Verbal ceremony“Do you, John Doe, acknowledge signing this documentwillingly, for the purposes and consideration stated in it?”

ACKNOWLEDGMENTSCertificate Elements(Individual Acknowledgment)“Short Form”*VenueIndicates acknowledgmentIndicates presenceExact date of notarizationName of principal signer who appearsNotary’s official signatureOfficial notarial sealTitle of officeState of TexasCounty of (where notarization isperformed)Signature canbe made beforenotarization orduring, but isalwaysacknowledgedin the Notary’spresence.Acknowledged before me on the(date) day of (month), (year), by.Name of Principal( Notary Public’s Signature )NOTARY PUBLIC, STATE OF TEXAS[SEAL]*If not the statutory short form, must indicate whether signer was identified by personal knowledge or satisfactory evidence.

ACKNOWLEDGMENTSCertificate ElementsVenueIndicates acknowledgmentIndicates presenceExact date of notarizationName of person PRESENT before NotaryRepresentative capacity of person PRESENTThe person or entity representedNotary’s official signatureOfficial notarial sealTitle of office(Representative-Capacity Acknowledgment)State of TexasCounty of (where notarization is performed)Acknowledged before me on the(date) day of (month), (year), byasName of RepresentativeTitle ofRepresentativefor/of.Name of Principal or Entity Represented( Notary Public’s Signature )[SEAL]

NOTARIZATIONPROCEDURE1. Require personal appearance2. Examine the document3. Discuss fees4. Identify the principal signer5. Create a record6. Document execution, verbal ceremony7. Complete the notarial certificatei

NOTARIZATIONPROCEDURE1 Require PersonalAppearance2 Examine (Scan) theDocumenta. Is it complete?Physical presence of theprincipal signer isREQUIRED. Paper-documentnotarizations Electronic notarizationsNOT performed online(All pages present; no blanks)b. Review the notarial certificate wording; is thenotarial act authorized?c. Who is/are principal signer(s) named in thedocument?d. Is the document is already signed(acknowledgment only)? Signature date Originale. Determine document information needed forrecordbook entryi

NOTARIZATIONPROCEDURE3 Discuss FeesiAllowable Fees Fees are optional Before notarizing,disclose intent to chargefees. Itemize andpresent fees. Remember posting offees is required. Don’t charge fees abovethose specified instatute.Most-requested notarial acts: Acknowledgment or proof sig.) 6( 1 ea. add’l Oath or affirmation (certificate and seal) See Texas Gov’t Code Sec. 406.024 for otherauthorized fees. 6

NOTARIZATIONPROCEDURE4 Identify theSigner(s)Satisfactory IdentificationFor paper-document notarizations andelectronic notarization that is NOT performedonline:Personal knowledgeSatisfactory evidenceof identification A current identification card or otherdocument issued by the federal governmentor any state government that contains thephotograph and signature of theacknowledging person.* Foreign Passport ONLY with respect to a deed or otherinstrument relating to a residential real estatetransaction. Verbal oath of a credible witness who ispersonally known.i

NOTARIZATIONPROCEDURE5 Create a RecordEntry Requirements (Gov’t Code S.406.014) Date of each document notarizedCreate a record ofevery notarial actperformedBook, computer orother storagedevice (UNLESS for anonline notarization)Public record Date of notarization Name of person appearing (signer, grantor, subscribingwitness or maker) The person’s mailing address How the person was identified (personally known, ortype of satisfactory evidence; include name andmailing address of any credible witness) How a subscribing witness, if applicable, wasidentified (personally known or credible witness, only) Name, address of grantee If land conveyed, name of original grantee, countywhere land located A brief description of the documenti

NOTARIZATIONPROCEDURE6 Document Execution, Verbal CeremonyWitness or reviewthe principalsigner’s signature Perform theappropriate verbalceremonyOath or affirmation:“Do you, John Doe, [solemnly swear] [affirm] underpenalties of perjury that the information containedinthis document is true, [so help you God]?”Acknowledgment:“Do you, John Doe, acknowledge signing thisdocument willingly, for the purposes andconsideration stated in it?”i

NOTARIZATIONPROCEDURE7 Complete the Notarial CertificateAlways at the timeof the notarial act;never before or later Print legibly withpermanent ink; affixclean, crisp sealimpression. Do notoverlap text.Notarial certificate (completed by aTraditional Notary Public) must include:1. Name of the principal signer2. Date of notarization3. State and county in which the notarizationis performed4. Notarial act performed5. Notary Public’s signature6. Notary Public’s seali

REFUSE OR STOP THENOTARIZATION1. A requirement of notarization is missing2. A requirement of notarization is refused3. An act not authorized is requested4. Doubts about the signer’s comprehension, willingness5. Reasonable belief that the signer is coerced6. Reasonable belief that the document will be usedunlawfully or improperly7. Not familiar with the requested notarial actSee Tex. Admin. Code Sec. 87.42i

PROHIBITED ACTSDON’T notarize without the signer present notarize your own signature alter or change any part of the document content choose the notarial certificate execute a false certificate or use a different name than ascommissioned journal an ID number or personally identifying number(s) misrepresent Notary powers (giving advice, advertising) orperformunauthorized functions issue an identification card overcharge, or charge a fee not expressly allowedi

REMEMBER The office of Notary Public is ancient, honorable.Your notarial acts create assurances that have beenvalued by relying parties for centuries.Every notarial act matters Notaries Public matter.

Thank you!Texas Notary Fundamentals: Why, What and How of NotarizationPresented by Kathleen Butler, Executive DirectorAmerican Society of NotariesMarch 2019Copyright 2019, American Society of Notaries

Official seal. Notary as impartial witness to the principal signer’s awareness, free . Signer may sign for himself, or as agent for the principal. ACKNOWLEDGMENTS Signer may sign for hi