Hur Company

Texas Notary Public Services


Kimberley has received her NOTARY PUBLIC COMMISION with the State of Texas. 


A 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.

A 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. 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.

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. 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.

A Notary Public is personally liable for negligence or fraud in the performance of the duties of the 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. 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.


What is a Notary Authorized to do in Texas?
The duties that a notary public is authorized to perform varies from state to state. As a notary public in Texas, you are permitted to execute 5 different notarial acts under your commission.

Administer Oaths and Affirmations
Administering an oath involves a person pledging that the contents of a document or a statement are truthful. Oaths are also utilized in oral depositions. Some important things to remember when administering an oath:

  • Always require the physical presence of the person affirming the truthfulness of the document. Make no exceptions.
  • Be sure to witness the signing of the document.


Take Acknowledgments and Proofs
Acknowledgments are simpler than oaths. The notary public’s job in this instance is to merely witness the document being signed and to make certain that the document is being signed voluntarily. For this notarial act, content is not as important. The notary public needs only to ensure that the signer is knowledgeable about what signing the document entails.


Make Certified Copies
When making an attested photocopy, your job as a notary public is to ensure and certify that the photocopy is a true copy of the original document. Some important things to remember when making attested photocopies:

  • Check that the document being photocopied is an original. Never notarize a photocopy of a copy.
  • Make certain that the document can legally be made into an attested photocopy. Birth certificates, death certificates, and marriage and divorce records are a few examples of documents that it is illegal to make an attested copy of.
  • In Texas, you must keep a photocopy of each document that you certify for your records. It is best to store these papers in a secure location.


Take Depositions
In Texas, a notary has the authority to issue a subpoena for a written deposition.

Protest Instruments

Though all notaries in Texas are authorized to protest instruments, modern banking practices have basically eliminated the need for notaries to perform this act. 


FEES

Fees are set by the state and cannot be altered.