FAQs
What does it mean to notarize a document?
Notarization is when a notary public witnesses your signature in a document. A notary public is a
public official appointed by a state government (i.e., Secretary of State). In doing so, notaries legally
clarify that the imprinted signature corresponds to the person referred to as signatory in the
document. It also means that the notary public verified your identity and your understanding of the
contents of the document you are signing.
Why does a document need to be notarized?
Documents are notarized to deter fraud and to ensure proper execution. The notary public officiates
at the signing and ensures that the documents are signed correctly. The notary public makes sure that
the signers are entering into agreements knowingly and willingly.
Can a notary public provide legal advice or prepare legal documents?
This question is often asked, and the answer is NO. The notary public is not allowed to give legal
advice and advise you of the type of notarization needed for your document. A notary public is also
forbidden from preparing legal documents or acting as a legal advisor unless he or she is also an
attorney. Violators can be prosecuted for the unauthorized practice of law.
How does the notarization process work?
The notarization process is typically simple. You present a document to a notary public and sign it in
their presence. After that, the notary public officially notarizes the document using an official stamp,
writes in the date, and adds their own signature.
Can I sign the document and send it by someone else?
No, the notary public must see you signing.
Can I bring a photocopy of a document to be certified if I do not have the original?
Unfortunately, no. When the notary public certifies a copy of a document it means that the notary
public saw the original and compared it with the photocopy; thereby the notary public is able to
certify the copy as a true copy of the original.
What types of identification are accepted for notary services?
All forms of identification must be valid. The following is a list of acceptable forms of identification:
- State-issued driver’s license
- State-issued identification card
- U.S. military identification card
- Resident alien identification card (green card)
- U.S. passport
- Texas Inmate ID Card (for inmates, only)
If valid identification is not available, can documents be notarized?
If the signer of a document does not have valid identification, one or two credible identifying
witnesses may be utilized. If one credible witness is not known by both the notary public and signer,
then two credible witnesses are required. In order to proceed with such a notarization, the notary
public, the signer, and the credible witness(es) must all be present at the time of notary execution.
The credible witness must swear to the following:
- The person appearing before the notary public is the same person named in the document.
- The credible witness personally knows the signer.
- The credible witness does not have a financial interest and is not named as a beneficiary in the document.
Can a notary public refuse to perform notarial acts?
A Texas notary public can refuse to notarize if:
- A signer he/she does not know, personally, has no identification
- A signer refuses to complete blank spaces
- A signer appears frightened or confused about the notary act or appears unwilling to sign the document
- A signer behaves in a threatening manner toward you
- You do not have your notary seal with you at the time
- A signer refuses to appear before you personally
- A signer refuses to take an oath as required, or to verbally acknowledge signing the document presented
- You have information about the transaction that reveals it is fraudulent or unlawful
- You and the signer are unable to speak the same language and have no interpreter
- A document presented to be copied is a public record or publicly recordable document
- You are involved in the transaction or stand to gain in any way
- You are unfamiliar with the notarial act to be performed