Section 87.40 does not prohibit a notary from recording a number related to the residence or alleged residence of the signer, grantor or maker of the document or the instrument.Įntries in the notary's book are public information. §87.40 prohibits a notary from recording in the notary's book of record the identification number that was assigned by the governmental agency or by the United States to the signer, grantor or maker and that is set forth on the identification card or passport or any other number that could be used to identify the signer, grantor or maker of the document. This record book must be maintained whether or not any fees are charged for your notary public services.Ī notary public other than a court clerk notarizing instruments for the court shall keep in a book a record of: (1) the date of each instrument notarized (2) the date of the notarization (3) the name of the signer, grantor, or maker (4) the signer's, grantor's, or maker's residence or alleged residence (5) whether the signer, grantor, or maker is personally known by the notary public, was identified by an identification card issued by a governmental agency or a passport issued by the United States, or was introduced to the notary public and, if introduced, the name and residence or alleged residence of the individual introducing the signer, grantor, or maker (6) if the instrument is proved by a witness, the residence of the witness, whether the witness is personally known by the notary public or was introduced to the notary public and, if introduced, the name and residence of the individual introducing the witness (7) the name and residence of the grantee (8) if land is conveyed or charged by the instrument, the name of the original grantee and the county where the land is located and (9) a brief description of the instrument. § 406.014 requires that a Notary Public maintain a record book. In addition to civil liability, Notaries Public may be subject to criminal prosecution and the revocation or suspension of their notary public commission by the Secretary of State's office. The bond is to insure that the person injured can recover at least $10,000.00, but this does not protect the Notary Public from personal liability for the full extent of damages caused by a breach of official duty. The signature and seal of a Notary Public do not prove these facts conclusively, but provide prima facie proof of them, and allow persons in trade and commerce to rely upon the truth and veracity of the Notary Public as a third party who has no personal interest in the transaction.Ī Notary Public is personally liable for negligence or fraud in the performance of the duties of the office. The primary duty of a Notary Public is to show that a disinterested party (the Notary Public) has duly notified the signer of an instrument as to the importance of such document, and the signer of such document has declared that the signer’s identity, signature, and reasons for signing such instrument are genuine. Each Notary Public takes an official oath of office to faithfully perform the duties of the office, and to insure such performance, a notary public is required to post a $10,000.00 bond with the Secretary of State. Revocation or Suspension of Commission by the Secretary of StateĪ Notary Public is a public servant with statewide jurisdiction who is authorized to take acknowledgments, protest instruments permitted by law to be protested (primarily negotiable instruments and bills and notes), administer oaths, take depositions, and certify copies of documents not recordable in the public records.Ī Notary Public is, in the true sense of the word, "a public servant" and "an officer of the State of Texas", conveniently located in the community so that the notary may be of service to the public.The Secretary of State's office would like to thank the Texas Young Lawyers Association for permitting us to use excerpts from their former publication, Texas Notary Public Handbook. Box 13375, Austin, Texas 78711 3375 or call (512) 463 5705 following each legislative session. Contact the Secretary of State, Notary Public Unit, P.O. The Secretary of State will provide a copy of these changes only upon request. THE STATUTES REFERRED TO IN THESE MATERIALS ARE SUBJECT TO LEGISLATIVE CHANGE. Please read through this information at least once before you begin to perform your notarial duties. This information should be kept for reference throughout your four-(4) year term. The following educational materials are provided to you in accordance with Tex. Notary Public Educational Information Foreword SOSDirect: Business Searches & Formations.
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