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

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

Related Posts

See All

What is identity proofing? Identity proofing is the means by which the principal (signer of a document) affirms their identity. This is done through a third party who uses dynamic knowledge based auth