May a notary complete a Form I-9, Employment Eligibility Verification

Texas law does not authorize notaries public to certify an I-9 Form, and the Form itself does not contain a notarial certificate. Therefore, notaries should not notarize an I-9 Form. However, it is permissible for a notary public who is an employee of a business to assist that business in filling out the Form - as long as that work is not performed in the employee's capacity as a notary public, and as long as the employee does not place their notary seal on the document.

Source: Texas Secretary of State

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. The notarial certificate must be in English.

Regardless of which notarial certificate is used and however it is worded, the notary public has a duty to make sure that the information contained in the notarial certificate is a true and accurate reflection of the notarization which the notary performs.

Source: Texas Secretary of State

May a notary 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.

Source: Texas Secretary of State