8. Is a Notary precluded from notarizing a document in which his or her employer has an interest?
No. In fact, there are statutes that specifically permit such notarizations. For example: Section 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; and Tex. Rev. Civ. Stat. Ann. Art. 342a-8.004 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.
9. Can an employer require a Notary Public who works in his or her place of business to notarize documents only for patrons of that business?
No. A notary public is a public servant. It is fundamental that a public servant cannot refuse to execute a duty imposed on him or her by law. In accepting a notary commission, a notary public accepts the burdens and obligations of that office. The public has a right to expect a notary to perform the duties attached to that office. However, a notary can execute those duties at such reasonable time that is consistent with the other duties imposed on the notary by reason of his or her particular employment.
10. May I make a certified copy of a birth certificate or a marriage license?
No. A birth certificate and a marriage license are recordable documents. A recordable document is one that is recorded with some type of entity whether it be the Secretary of State's Office, a court of law, a county clerk, or the Bureau of Vital Statistics. Certified copies may be obtained by contacting such entities.
A non-recordable document is one that has not been nor will ever be recorded with any type of 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.
11. May I take an acknowledgement over the telephone?
No. A notary public may not perform by telephone those notarial acts which require a personal appearance.
12. Does a person have to appear before a Notary to have a notarization performed?
Yes. A person for whom a notarization is performed must personally appear before the notary public at the time the notarization is executed.
13. May I perform notarial acts in other counties?
Yes. A notary public has statewide jurisdiction and may perform notarial acts in any county in the state of Texas.
14. 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 a certificate of the maker's choosing. If a notary public is brought a document without a certificate and decides which certificate to attach, that notary public would be "practicing law". However, a notary public is provided copies of sample notarial certificates with his or her notary commission. The person for whom the notarization is performed may choose the certificate, and the notary may add such certificate to the document.
15. May I advertise in a language other than english?
A notary public who is not an attorney and who advertises the services of a notary public in a language other than English, shall post or otherwise include with the advertisement a notice that the notary public is not an attorney. The notice must be in English and in the language of the advertisement and be in the letters of conspicuous size. The notice must include the fees that a notary public may charge and the following statement:
"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
Literal translation of the phrase "Notary Public" into Spanish is prohibited. This prohibits the use of "Notario Publico".
