“Personal Appearance” means that the signer and notary public are in the same room and close enough to be able to see each other, hear each other, and speak with each other.

A notary public may verify the identity of a signer using either of the following methods:

• Personally Known. This is determined if I could immediately recognize you if I saw you on the street, accurately describe you, recall your full name, and be willing to testify in court regarding your identity.

• Current State or Federal Identification Card. The most reliable form of identification documentation is a driver’s license, passport, military ID, or any card containing a signature and photograph issued by a state or a United States federal government office.

A notary public is restricted only to the execution of notarial procedures and is not responsible for a document’s contents, but should always review the document.

• Verify the accuracy of the notarial certificate.

• Look for alterations made to the document and ask the signer(s) to initial the alterations.

• Determine who is required to sign, confirm that all signers are present, and all blank spaces are filled in.

A notary public may not give legal advice or accept fees for legal advice.

A notary public must determine that the signer understands the contents of the document, is aware of the act being executed, and ensure they are signing willingly for that purpose.

For an acknowledgement: “Do you acknowledge that this is your signature and that you signed the document willingly for the purposes stated in it?”

For an oath: “Do you swear, under penalty of perjury, that the information included in this document is the truth, the whole truth, and nothing but the truth, so help you God?”

For an affirmation: “Do you affirm, under penalty of perjury, that the information included in this document is the truth, the whole truth, and nothing but the truth?”

Texas law requires a notary public to record details of each and every notarial act performed in their record book. A notary public must also collect the signature of each signer in their record book.

A notarial certificate containing a notary’s official signature and seal completes the notarial act.

Allowable reasons a notary public may refuse to notarize a document:

• Unfamiliar with performing the type of notarial act requested.

• The signer does not possess valid identification.

• The signer appears to be intoxicated or coerced into signing.

• The signer does not understand the contents of the document.

• The signer refuses to acknowledge, swear, or affirm.

• The signer is unable to pay the notarial fees.

• The service is being requested at a time unavailable to the notary.

• The document does not contain a pre-printed notarial certificate.

• The notary is named in the document or has a beneficial interest in the execution of the document.

• The notary cannot act as an impartial witness (i.e., the signer is a close family member).

• The notary suspects or has knowledge that the transaction is fraudulent.