FAQs
What is a Notary Public’s Duty?
According to the Texas Secretary of State’s office:
“The primary duty of a Notary Public is to show a disinterested party (the Notary Public) has admonished the signer of an instrument as to the importance of such document, and the signer of such document has declared that his/her identity, his/her signature and his/her reasons for signing such instrument are genuine. The signature and seal of a Notary Public do not prove these facts conclusively, but do provide prima facie proof of the, and allow persons in trade and commerce to rely upon the truth and veracity of the Notary Public as a third party who has no personal interest in the transaction.”
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What do I bring?
The individual signing the document must appear in person and present a valid picture ID such as:
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Government ID
• Driver's License
• Passport
• Military ID
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This is required by Texas law and is not at the discretion of the notary
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It's important to have all your documents and identification ready for the notary.
A credible witness form can be created before we arrive and provided to you if you don't have an ID.
See the list of forms that can be notarized and the forms that cannot be Notarized.
A copy of a passport cannot be notarized as a true copy of the document in the state of Texas.
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DO NOT remove the staple from the document! If the staple is removed you run the risk of a third party refusing to accept the document as it may appear that the document has been tampered with.
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How does the notarizing process work?
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The "Signer" must be physically present.
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The Notary will verify the identity of the "Signer" with the photo identification provided by the signer (Driver license, Passport, State ID, or Military ID).
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The "Signer" and the Notary complete the required information for the Record Book.
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The Notary will review the document to make sure there are no blanks on the document and that there is a notarial certificate on the document. If there is no certificate the notary will ask you to choose one to attach to the front of the document (A notary cannot advise you on which statement to choose).
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The Notary will ask the signer if they understand the content of the document to determine the "Signer's" awareness and understanding of the transaction and if they are being coerced into signing or are under duress.
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The Notary signs and stamps the seal on the notarial certificate.
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Are you able to perform notarial acts in all counties in Texas?
Yes. We have statewide jurisdiction and may perform notarial acts in any county in the state of Texas.
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Are you Insured and Bonded?
As required by the Secretary of State, our Notaries have $10,000 surety bonds.
However, Insurance is optional. ATX Mobile Notary representatives do carry "Errors & Omissions Insurance" with a Liability Limit of $35,000.
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Do you charge extra for “after hours” service?
Yes. Please see our "Services and Pricing" page.
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Do you have sample Notarial Certificates?
Yes. We are not a licensed attorney and cannot provide legal advice. We cannot inform you on which certificate to use, however sample notarial certificates are available upon request.
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What do I need to do prior to meeting with the Notary?
Do not sign the document prior to meeting with the Notary. Please see our "Book Online" page for more information as to what you will need to bring to the signing.
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What if I do not have a Current Photo ID?
There are two options if you do not have a current photo ID:
1.) The ATX Mobile Notary representative would have to personally know you
2.) An oath of a credible witness personally known to the signer and an ATX Mobile Notary representative would be necessary.
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May a Notary make a certified copy of a birth certificate or a marriage license?
According to the Secretary of State, no.
Birth certificates and marriage licenses are publicly recordable documents. Recordable documents are recorded with some specific governmental entity, such as the secretary of state’s office, a court of law, a county clerk, or the Bureau of Vital Statistics. A certified copy of a recordable document may be obtained by contacting the recording entity. A notary cannot make certified copies of recordable documents.
A notary may, however, make a certified copy of a non-recordable document. A non-recordable document is one that cannot be recorded with any type of governmental 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.
May a Notary take an acknowledgement over the phone?
According to the Secretary of State, no.
The person for whom a notarization is performed must personally appear before the notary public at the time the notarization is performed.
May a Notary Public determine which type of Notarial certificate should be attached to a document?
According to the Secretary of State, 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.
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How do I file a complaint against a Notary Public?
Form 2304 contains detailed instructions for how to complete and submit the complaint.
To file a complaint against a Texas notary public, submit Form 2304 to the Notary Public Unit.
For more information on complaint procedures, please see 1 Tex. Admin. Code §87.23.
If for any reason you unsatisfied with our service, please contact us so we can discuss a partial to full reimbursement of fees paid.
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Thank you for choosing ATX Mobile Notary!