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Texas Notary Public Licensing Requirements

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    • A notary public has the authority to administer affirmations and oaths, certify document authenticity and affirm the identity of a person signing a document. In Texas, a person must meet certain eligibility requirements and follow specific procedures set forth by the Secretary of State in order to become a licensed notary.

    Eligibility

    • A person can apply for appointment as a notary public in Texas if she is at least 18 years old and a state resident. She also must not have a criminal record that includes a felony conviction or a conviction for any "crime involving moral turpitude." When a person submits his application to the Secretary of State, he must disclose any criminal history more severe than a Class C misdemeanor. The Secretary of State's office will then conduct a background investigation; failure to disclose any relevant convictions will lead to disqualification even if the applicant was otherwise eligible for appointment.

    Application

    • An applicant must complete Form 2301, available on the Secretary of State's website. Before submitting the application, she must purchase a surety bond from an insurance agency or bonding company licensed to operate in Texas. The surety bond, in the amount of $10,000, is an insurance policy that will cover damages suffered by a notary's customer in the event of negligence or intentional misconduct by the notary. The applicant must then submit Form 2301, proof of the $10,000 surety bond and a $21 filing fee (as of 2010), payable by check, money order or credit card. The application packet can be mailed to:

      Notary Public Unit

      P.O. Box 13375

      Austin, TX 78711-3375

      The Secretary of State's office will review the application and issue a commission within several weeks if the applicant meets all qualifications. A commission term is four years and can be renewed starting 90 days before expiration by completing the same Form 2301, establishing continued surety bond coverage and submitting the $21 renewal fee.

    Duties

    • A notary public can perform his service throughout the state, but never outside of Texas. When witnessing a document signing, the notary must verify the signer's identity, review the document for accuracy and completeness and witness the signature. There are also limits to the notary's authority. A notary cannot prepare any legal documents or give legal advice unless he is also an attorney. A notary also can not notarize any document to which the notary is a party or has a personal or financial interest.

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