Texas Notary Exam Flashcards

Q: Does Texas require a notary exam?

Yes. Effective January 1, 2026, all new and renewing Texas notary applicants must complete up to 2 hours of mandatory education and pass a 20-question, open-book exam with a 70% score (14 of 20 correct), administered online by the Secretary of State. The exam fee is $20 per attempt with three attempts allowed within a three-month period.

Q: What are Texas's notary commission and bond requirements?

A Texas notary commission lasts 4 years. The state application fee is $21 ($10 commission, $10 bond filing, $1 archive). The notary must obtain a $10,000 surety bond and complete the qualification process (filing the bond and taking the oath of office) within 90 days of receiving the commission, or the commission is void.

Q: What are the seven notarial acts a Texas notary can perform?

Texas notaries may perform seven notarial acts: (1) acknowledgments, (2) jurats, (3) oaths and affirmations, (4) copy certifications, (5) depositions, (6) protests, and (7) certificates under seal. Texas notaries may NOT perform marriage ceremonies or give legal advice such as preparing immigration forms.

Q: What is the difference between an acknowledgment and a jurat in Texas?

In an acknowledgment, the signer appears before the notary and acknowledges signing voluntarily — the document may have been pre-signed, and the notary does not verify its contents. In a jurat ('subscribed and sworn to before me'), the signer must sign in the notary's presence and swear or affirm under oath that the contents are true.

Q: What are the penalties for notarizing without personal appearance in Texas?

Notarizing without the signer's personal appearance is a Class A misdemeanor (up to a $4,000 fine and/or up to 1 year in county jail). If the document involves a real property transfer, the offense is elevated to a state jail felony (up to a $10,000 fine and 180 days to 2 years in a state jail facility).

Question 1

Texas Secretary of State (SOS)

Accepted Answer

The state agency that administers the Texas notary program — processing applications, issuing commissions, assigning notary ID numbers, and overseeing conduct under Texas Government Code Chapter 406.

Question 2

Texas Government Code Chapter 406

Accepted Answer

The statute governing notaries public in Texas. It sets eligibility, the scope of notarial acts, fees, seal/journal rules, and penalties for misconduct.

Question 3

Texas Notary Eligibility

Accepted Answer

Must be at least 18 years old and a Texas resident. U.S. citizenship is NOT required (Bernal v. Fainter, 1984). Applicants must not have certain disqualifying criminal convictions.

Question 4

Non-Citizen Notary Applicants (Texas)

Accepted Answer

Lawfully present non-citizens may become Texas notaries. The only extra step is filing a Declaration of Domicile at the county courthouse establishing Texas as their primary residence.

Question 5

Texas Notary Commission Term

Accepted Answer

A Texas notary commission is valid for 4 years from the issuance date. Renewal requires repeating the application, bond, and (as of 2026) education and exam.

Question 6

90-Day Qualification Window

Accepted Answer

After receiving the commission, the notary must complete qualification — filing the $10,000 surety bond and taking the oath of office — within 90 days, or the commission is void.

Question 7

Texas Notary Application Fee ($21)

Accepted Answer

The statutory state fee totals $21: $10 commission, $10 bond filing fee, and $1 archive fee, paid to the Secretary of State (plus any online processing charge).

Question 8

Mandatory Education & Exam (SB 693 / 2026)

Accepted Answer

Effective January 1, 2026, all new and renewing Texas notaries must complete up to 2 hours of education and pass a 20-question open-book exam at 70% (14/20). Fee is $20 per attempt, three attempts in a three-month period.

Question 9

$10,000 Surety Bond

Accepted Answer

Every Texas notary must obtain a $10,000 surety bond filed with the Secretary of State. It protects the public — not the notary — from financial harm caused by the notary's misconduct or negligence.

Question 10

Bond vs. Errors & Omissions (E&O)

Accepted Answer

The surety bond pays harmed members of the public; the notary must reimburse the surety. E&O insurance is optional and protects the notary by covering defense costs and unintentional errors.

Question 11

Texas Notary Seal Shape & Size

Accepted Answer

Circular not exceeding 2 inches in diameter, OR rectangular not exceeding 1 inch by 2.5 inches. Must be applied in indelible (permanent) ink so it reproduces on copies.

Question 12

Required Seal Elements (Texas)

Accepted Answer

A five-pointed star, the notary's name, the words 'Notary Public, State of Texas,' the commission expiration date, and the notary's unique SOS-assigned identification number.

Question 13

Embosser Not Sufficient

Accepted Answer

A raised-impression embosser alone does not satisfy Texas requirements because it may not reproduce on photocopies/scans. The seal must be applied in indelible ink.

Question 14

Notary Journal Retention (SB 693)

Accepted Answer

Texas notaries must keep a journal of notarial acts and retain it for 10 years. For online notarizations, audio/video recordings must be kept (an original and a backup) for 5 years.

Question 15

Required Journal Entries

Accepted Answer

Each entry records the date of the instrument and date of notarization, the signer's name and address, the identification method used, the type of act, and the fee. For land documents, the county where the land is located.

Question 16

Journal Is a Public Record

Accepted Answer

A Texas notary's journal is a public record. Members of the public may inspect it and request copies of entries, supporting accountability.

Question 17

Seven Authorized Notarial Acts

Accepted Answer

Acknowledgments, jurats, oaths/affirmations, copy certifications, depositions, protests, and certificates under seal. Texas notaries may NOT perform marriage ceremonies.

Question 18

Acknowledgment

Accepted Answer

The signer appears before the notary and acknowledges signing the document willingly. The document may have been pre-signed; the notary verifies identity and willingness, NOT the document's contents.

Question 19

Jurat

Accepted Answer

'Subscribed and sworn to before me.' The signer must sign the document in the notary's presence AND swear/affirm under oath that the contents are true. Used for affidavits and sworn statements.

Question 20

Acknowledgment vs. Jurat (Key Distinction)

Accepted Answer

Acknowledgment: identity + voluntary signing; may be pre-signed; contents not sworn. Jurat: sign in the notary's presence + oath that contents are true. The wording on the certificate determines which is required.

Question 21

Oath vs. Affirmation

Accepted Answer

An oath invokes a higher power ('so help you God'); an affirmation is a solemn pledge with no religious reference ('under penalty of perjury'). Both carry identical legal weight; the signer chooses.

Question 22

Standalone Oath/Affirmation

Accepted Answer

Administering an oath to swear in a deposition witness is its own notarial act, separate from a jurat. A jurat incorporates an oath as part of notarizing a written document.

Question 23

Copy Certification

Accepted Answer

The notary certifies a reproduction is a true copy of an original. Texas notaries may NOT certify copies of publicly recorded documents or vital records (birth/death/marriage certificates).

Question 24

Deposition

Accepted Answer

A notary may administer the oath to a witness and take/certify a deposition — sworn out-of-court testimony recorded for use in legal proceedings.

Question 25

Protest

Accepted Answer

A formal certified declaration that a negotiable instrument (such as a check or note) was presented for payment and dishonored. A specialized, rarely used notarial act.

Question 26

Notary's Ministerial Role

Accepted Answer

A notary's duties are ministerial, not discretionary. The notary verifies identity and proper execution; it does not validate the truth, legality, or wisdom of the document's contents.

Question 27

Personal Appearance Requirement

Accepted Answer

The signer (or credible witness) must personally appear before the notary at the time of the act — physically, or via approved remote technology for online notarization. This is a core, non-waivable rule.

Question 28

Acceptable Identification (Texas)

Accepted Answer

A current government-issued photo ID that contains the signer's signature (e.g., driver's license, passport, state ID). Utility bills and personal references are NOT acceptable.

Question 29

Personal Knowledge

Accepted Answer

If the notary personally knows the signer, that personal knowledge alone is an acceptable identification method — no documentary ID is required.

Question 30

Credible Witness (Texas)

Accepted Answer

When a signer lacks acceptable ID, ONE credible witness who personally knows the signer may identify them. The witness must present acceptable ID and take an oath/affirmation as to the signer's identity.

Question 31

Three Identification Methods

Accepted Answer

Texas accepts three ways to identify a signer: (1) the notary's personal knowledge, (2) a satisfactory government photo ID with signature, or (3) a sworn credible witness.

Question 32

Remote Online Notarization (RON)

Accepted Answer

Texas permits online notarization using approved audio-video technology and identity proofing. The signer appears remotely in real time; recordings must be retained for 5 years.

Question 33

RON Surcharge

Accepted Answer

A Texas online notary may charge up to $25 in addition to regular notarial fees for a Remote Online Notarization, compensating for technology, identity verification, and recording.

Question 34

Online Notary Public vs. Traditional Notary

Accepted Answer

An online notary public must first hold a traditional Texas commission, then separately apply to the SOS to perform RON using an approved technology provider. Both commissions run concurrently.

Question 35

Maximum Acknowledgment Fee

Accepted Answer

Texas caps the fee for an acknowledgment at $10, plus up to $1 for each additional signature on the same document. Fees are set by statute to keep notarial services affordable.

Question 36

Statutory Fee Schedule

Accepted Answer

Texas notary fees are capped by statute by act type (acknowledgments, jurats, oaths, protests, copy certifications, etc.). A notary may charge less than, but never more than, the maximum.

Question 37

Notarizing Without Personal Appearance

Accepted Answer

A Class A misdemeanor (up to $4,000 fine and/or up to 1 year in county jail). The signer must be present at the time of notarization — pre-printed or mailed signatures are not enough.

Question 38

Real Property Document Without Appearance

Accepted Answer

If a notarization without personal appearance involves a real property transfer, the offense is elevated to a state jail felony (up to $10,000 fine and 180 days to 2 years in a state jail facility).

Question 39

'Notario Publico' Prohibition (Sec. 406.017)

Accepted Answer

A non-attorney notary who advertises as 'notario' or 'notario publico' commits a Class A misdemeanor (first offense), with enhanced penalties for repeat offenses. The term falsely implies attorney-level authority in many Spanish-speaking countries.

Question 40

Unauthorized Practice of Law (UPL)

Accepted Answer

A Texas notary who is not an attorney may not give legal advice, select documents, or help complete immigration forms. Doing so is the unauthorized practice of law and may violate notario protections.

Question 41

Financial / Beneficial Interest Standard

Accepted Answer

Texas has no blanket family-member ban but prohibits notarizing any document in which the notary has a direct financial or beneficial interest. The notary should never be a party to the transaction.

Question 42

Refusing Improper Requests

Accepted Answer

A notary must refuse to notarize if the signer is absent, cannot be identified, appears coerced or incompetent, or the certificate is blank/incomplete. Refusal for legitimate cause is not unlawful discrimination.

Question 43

Blank or Incomplete Documents

Accepted Answer

A notary must not notarize a document with blank spaces or one that is incomplete at the time of notarization. The signer should complete the document before the notarial act.

Question 44

False Certificate / Notarial Misconduct

Accepted Answer

Completing a notarial certificate that contains a statement the notary knows to be false (e.g., false date, false appearance) is criminal misconduct and grounds for commission revocation.

Question 45

Notary Liability

Accepted Answer

A notary is personally liable for damages caused by official misconduct or negligence. The surety bond pays the harmed party, but the notary must reimburse the surety and may also face civil and criminal liability.

Question 46

Class A Misdemeanor (Texas)

Accepted Answer

Maximum penalty: a $4,000 fine and/or up to 1 year in county jail. Several notary violations — including improper appearance and 'notario' advertising — are Class A misdemeanors.

Question 47

State Jail Felony (Texas)

Accepted Answer

Maximum penalty: a $10,000 fine and 180 days to 2 years in a state jail facility. Applies when a notary notarizes a real-property document without the signer's personal appearance.

Question 48

Change of Address / Name

Accepted Answer

A Texas notary must notify the Secretary of State of a name or address change within the statutory period and update the seal/records accordingly. The commission stays tied to the original term.

Question 49

Resignation & Records on Resignation

Accepted Answer

A notary who resigns, dies, or is removed must deliver the notary records (journal) to the county clerk. The seal should be destroyed so it cannot be misused.

Question 50

Commission Revocation

Accepted Answer

The Secretary of State may revoke or suspend a commission for good cause — false statements on the application, misconduct, or a disqualifying criminal conviction. Revocation ends notarial authority immediately.

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