Five Quick Tips About Texas Notaries

  1. We can administer an Oath.

If you are required to give a deposition, and require an oath to be administered, this can be done by a Texas Notary Public.  I’ve had several clients who were giving depositions remotely (telephonically or video conference), meaning they were here in Texas, and the court was located in another state, for example Florida.  I was hired to administer the oath prior to them giving their deposition.

  1. We can notarize handwritten documents.

You will need to let the Notary Public know the type of notarial certificate you would like attached to your handwritten document, if the document does not include it.  You will be offered a choice of an Acknowledgment or a Jurat.

An Acknowledgement is:  A formal declaration before an authorized official, such as a notary public, by someone who signs a document and confirms that the signature is authentic. Also, the certificate of the officer on such instrument indicating that the document has been so acknowledged.

A Jurat is:  A certification added to an affidavit or document stating when, where and before whom such affidavit was made.

  1. Unauthorized Practice of Law (UPL)

Most of us are not Lawyers, so we cannot offer any legal advice, in fact it’s against the law for us to offer legal advice, it’s considered “Unauthorized Practice of Law”.  With that being said, we cannot tell you which forms to use, nor can we tell you if the form is “Legal” or if it will “Hold up in court”.

  1. We cannot help you fill out forms to be notarized

Your form should already be filled out when we arrive, so all we have to do is verify your identity, witness your signature (Jurat) or have you acknowledge your signature (Acknowledgement), administer an oath or acknowledge that you signed the document willing, then notarize your document.

  1. We cannot notarize a document without the signer physically being present.

I get phone calls all the time from people wanting to email me their document so I can notarize it, and email it back to them.  I explain that the person whose signature is notarized must personally appear before the notary at the time the notarization is performed.

References for this article can be found at the Texas Secretary of State’s website.

Interested in becoming a Texas Notary Public?  Enroll in the Texas Notary Public Professional Training AcademyClick here for more information.