Can a notary notarize a document in which his or her employer has an interest?

Yes. In fact, there are statutes that specifically permit such notarizations. For example, §121.002 of the Texas Civil Practice and Remedies Code authorizes an employee of a corporation to take an acknowledgment of a written instrument in which the corporation has an interest. In addition, §199.002 of the Texas Finance Code specifies that a notary public is not disqualified from performing a notarization of a document, solely because of the notary public's ownership of stock or participation in or employment by a state trust company that has an interest in the underlying transaction.

Is a government employee required to notarize documents for the general public?

No. The Texas Attorney General’s office issued a letter opinion in 1988 indicating that a notary public who is employed by a governmental body may refuse to take acknowledgements for the general public and must refuse when doing so would interfere with the employee’s discharge of his or her duties as a public employee. Tex. Atty. Gen. Op. LO-88-34.

May I make a certified copy of a birth certificate or a marriage license?

No. Birth certificates and marriage licenses are publically recordable documents. Recordable documents are recorded with some specific governmental entity, such as the secretary of state's office, a court of law, a county clerk, or the Bureau of Vital Statistics. A certified copy of a recordable document may be obtained by contacting the recording entity. A notary cannot make certified copies of recordable documents.

A notary may, however, make a certified copy of a non-recordable document. A non-recordable document is one that cannot be recorded with any type of governmental entity. For instance, a letter is not recorded with anyone, but there are times the sender of the letter would like to maintain a certified copy of that letter for his or her file.

May I take an acknowledgement over the telephone?

No. The person for whom a notarization is performed must personally appear before the notary public at the time the notarization is performed.

May I perform notarial acts in all counties in Texas?

Yes. A notary public has statewide jurisdiction and may perform notarial acts in any county in the state of Texas.

May a notary public determine which type of notarial certificate should be attached to a document?

No. A notary public who is not an attorney should only complete a notarial certificate which is already on the document, or type or attach a certificate of the maker's choosing. If a notary public were presented with a document that did not contain a certificate and decided which certificate to attach, that notary public would be "practicing law." Instead, the notary may allow the person for whom the notarization is performed to choose among the sample certificates provided to the notary with the notary’s commission.

May I advertise in a language other than English?

Yes, but you must include notice containing the following statement with the advertisement:

"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."

In addition to containing the above statement, the notice must be conspicuous, be in both English and the language of the advertisement, and must include the fees that a notary public may charge.

Use of the phrase "notario publico" is prohibited.

How much does it cost to get a document notarized?

Texas Government Code §406.024 specifies the maximum fees for an official act performed by a notary public. A lesser fee is allowed or no fee at all may be charged. Excessive fees are grounds for disciplinary action.

Does the employer or the notary determine the fee charged for notary services performed during the employer's office hours?

Texas Government Code §406.024 specifies that the notary public or the notary’s employer may charge the specified fees.

How do I obtain an apostille/certificate on my school transcript or diploma?

Follow one of these two options for school documents:

1. Notarization of ORIGINAL school records would require you to return to the school to have the school official sign an affidavit in the presence of the notary public.

2. For notarization of a PHOTOCOPY of the original school record, the owner of the original document must sign an affidavit on the photocopy, in the presence of the notary public. In either case, the notary must complete the appropriate notarial certificate acknowledging the date the signer appeared before him/her.

A notary public can make a certified copy of a diploma but NOT other school documents.

After obtaining the notarized documents, follow the instructions stated in the answer to Question #22 below.

How do I obtain an official certificate or apostille on a notarization?

You may obtain an official certificate or apostille on a document notarized by a Texas notary public from the Authentications Unit of the secretary of state. Detailed information pertaining to the procedure for requesting certificates or apostilles may be found on our web site.

The Texas secretary of state cannot provide certification for notaries commissioned outside the state of Texas.

May a notary use a credit card info as  ID? NO