Frequently Asked Questions for Form Series 2300 - Notary
To be eligible for appointment as a Texas notary public, a person shall be at least 18 years of age and a resident of the State of Texas. In addition, the applicant must not have been convicted of a felony or crime of moral turpitude that has not been dismissed or discharged by law.
1. How do I become a Notary Public?
A person shall submit an application to the secretary of state on a form prescribed by the secretary of state - Form 2301. An individual qualifies by:
(1) properly completing the application form;
(2) executing the statement ;
(3) providing the bond;
(4) paying the required filing fees; and
(5) meeting the eligibility requirements.
Contact the Office of the Secretary of State, County Clerk, or your insurance agency/surety company for the required form.
Total costs to be a Texas notary public: Secretary of State fees of $21.00; the premium payable to the insurance/surety company where you purchase a $10,000 surety bond; and the price of a personalized notary seal and record book. We offer Notary Packages for easy application with Downloadable Forms.
2. How do I renew my Notary Public Commission?
A notary public may renew his or her commission by filing a new bond and paying the required fees no earlier than 90 days prior to the expiration date of the notary's term. For easy Notary Renewal see our Notary Packages and to Download Required forms.
Contact the Office of the Secretary of State, County Clerk, or your insurance agency/surety company for the required form.
3. May I change my name from the name shown on my Notary Public Commission?
A notary public may change the name on his or her commission by sending the secretary of state a name change application Form 2305, his or her certificate of commission, a rider or endorsement from the insurance agency or surety, and a $20.00 filing fee.
4. Do I need to keep a record book?
Yes, a Texas notary public is required to maintain a record book. This record book MUST be maintained whether or not any fees are charged for your notary public service. The person for whom a notarization is performed is no longer required to sign the record book.
5. Is a Notary Public required to maintain a Notary record book for Notarizations that are performed in the scope of his/her employment?
Yes. Texas Government Code Section 406.014 requires a notary public to keep a record book containing information that pertains to every notarization that the notary public performs. It also specifies the information that must be recorded.
6. Is a Notary Public Seal required?
Yes, a notary public shall provide a seal of office that clearly shows, when embossed, stamped, or printed on a document, the words "Notary Public, State of Texas" around a star of five points, the notary public's name, and the date the notary public's commission expires. The notary public shall authenticate all official acts with the seal of office.
7. May I Notarize my spouse's signature? May I notarize for my spouse's business? May I Notarize for my relatives?
The basic rules are: the act of taking and certifying acknowledgments cannot be performed by a notary public financially or beneficially interested in the transaction; and one who is a party to an instrument, cannot act as a notary public. There is no specific prohibition against a notary public notarizing another spouse's signature or a notary public notarizing for a spouse's business. The facts in each situation will determine whether such action is proper.
