2.1 Official Notary Seal Requirements

The Seal of Office Under Section 406.013

Your seal of office is the physical mark that converts your signature into an authenticated official act. Texas Government Code Section 406.013 governs every detail, and exam writers love this statute because the numbers are precise and easy to test. The statute says a notary "shall provide a seal of office" that clearly shows, when embossed, stamped, or printed on a document, five mandatory elements. Note the verb: the seal may be embossed (raised impression from a press) or stamped or printed (an inked rubber stamp).

All three methods are statutorily acceptable, but the impression must legibly reproduce under photographic methods.

The Five Mandatory Elements

Memorize these in order; missing any one makes the seal non-compliant and can cause a county clerk to reject the recorded instrument.

The star of five points is the single most-tested unique feature. Other states use eagles, scrolls, or no symbol at all; Texas statutorily mandates the five-point Lone Star encircled by the "Notary Public, State of Texas" text. If an exam option offers an eagle, longhorn, or the state capitol, it is a distractor.

Shape, Size, and Border

Section 406.013(b) allows exactly two shapes and caps their dimensions. The border requirement is part of the same subsection.

The serrated or milled edge (a textured, toothed outer ring) is an anti-forgery measure; a plain solid border is technically non-conforming. Watch for trick numbers: a 2.5-inch diameter circle is too big, and a 1.5-inch-wide rectangle is too wide.

Ink and Reproducibility

The statute requires an indelible ink pad when affixing by stamp. Indelible means permanent and non-erasable; pencil, gel pens, or washable ink fail. The impression must "legibly reproduce... under photographic methods," so dark colors (black or dark blue) are practical choices because counties microfilm and scan recorded documents. A faint or smeared impression that will not photocopy is a defective notarization even if all elements are present.

When the Seal Must Be Affixed

The seal accompanies the notarial certificate on the document. Apply it to every certificate you complete:

• Acknowledgments (deeds, deeds of trust, powers of attorney)
• Jurats (affidavits, where the signer swears to the truth of contents)
• Oaths/affirmations that produce a written certificate
• Copy certifications and protests where authorized

When You Need a New Seal

Worked Scenario

A notary's stamp reads "Notary Public, State of Texas," shows her name and a five-point star, and gives "My commission expires 03-01-2029," but the commission number is missing. A title company catches it and the county clerk refuses to record the deed. Even though four of five elements were present, the absence of the identifying number under Section 406.013 makes the seal non-compliant — the notary must re-execute with a corrected stamp. This illustrates the exam rule: all five elements are mandatory; four out of five is a failure, not "substantial compliance."

Seal Security and Custody

The seal is personal to you and tied to your commission; you alone are responsible for every impression it makes. Treat it like a signature stamp for a bank account. Practical custody rules that frequently surface on the exam and in disciplinary cases:

An employer may purchase the seal for an employee-notary, but the commission and the seal belong to the individual notary, not the company. If the notary leaves the job, the notary keeps the seal and the record book; the employer cannot demand them.

Distinguishing the Seal From the Signature and Certificate

Three things must come together on a completed notarization, and the exam tests whether you can separate them:

• The notarial certificate — the wording (acknowledgment or jurat language) describing what you did.
• Your official signature — signed exactly as your name appears on your commission.
• Your seal — the §406.013 impression that authenticates the act.

A seal without a signed certificate authenticates nothing, and a signed certificate without the seal is incomplete for recording. Both are required; the seal does not replace the signature.

Exam Focus

Expect direct recall: the five elements, the two shapes and their caps (2-inch circle; 1 × 2.5-inch rectangle), the serrated/milled border, indelible ink, and the five-point star as the uniquely Texan symbol. Also expect application questions on seal custody (never lend it; the notary, not the employer, owns it) and on the difference between the seal, signature, and certificate.