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Austin Notary Public General Infomation

What does a Notary Public do?

A notary public is an individual who can act as an official witness, authorizing to witness or attest a signature, administer and oath, verify an affirmation, take acknowledgements and certify a copy. This sort of authentification is needed in some of the following cases:

Austin Price Check! Most notary publics charge between $4-$8 for their notary. If you need a witness, add another $2.

■ Take depositions and affidavits
■ Administer oaths
■ Documentation that requires payment of required fees
■ Acknowledgment of any power of attorney, mortgage, deed, grant, or transfer

Requirements

The requirements to become a notary public vary by state, but are generally stated below. Because of this, make sure you check with your state of residence if interested in becoming a notary public.

A potential notary public is appointed and commissioned by the Secretary of State. To be commissioned one must be:

■ A legal citizen of the United States
■ A legal citizen of the state of residence, or an out of state resident who is employed within the state of service
■ Age 18 or older
■ Never have been convicted of a felony

Application and Renewal

To receive an application to become a notary public, consult the Office of the Secretary of State. This application will be completed and sent back to them with a $25.00 fee. Then, a notary commission with a notary public bond is sent to the applicant.

To renew notary public status, one must submit the completed application with a $20.00 fee to the Secretary of State. The office will not accept applications that are submitted earlier than six weeks of ones expiration of notary services. However, if the application is sent after the expiration date of the notary public, one must apply for a new commission.

In any case, after the application is accepted and returned by mail, the individual must file a $10,000.00 surety bond, the actual commission and a $5.00 fee with the Office of the County Clerk in the county in which he/she resides. This bond is a form of insurance that protects the public from mistakes the notary makes during his/her term. The bond needs to be signed by one or more sureties and approved by the county clerk. Then, the applicant’s notary public is granted for four year term.

In most states, the notary public is welcome to provide service in any of the state’s counties, not being limited to the county in which they are commissioned. However, the notary must indicate on the official document being notarized which county the signing was observed. In addition, a notary may not notarize themselves for any reason.

In accordance with state law, a notary must keep a record of all acts performed during their term. This is useful for referencing past notarial acts and especially in a case where something is being legally challenged. This log will record the date, act performed, type of document, contact information of the person whose signature is being notarized, type of identification used, and any personal notes and/or fees charged.

Authorization

Notary publics must authorize all acts with an official:

■ Seal- A seal is usually a metal seal with an embossed impression, or a rubber stamp. All stamps must have the expiration date of commission. Both of these can be made by companies that specialize in office supplies, rubber or plastic stamps, or actual seals.
■ Signature
■ Expiration date of notary public commission

If the notary public does not include any of the above, he/she is subject to a misdemeanor charge and a fine (usually not to exceed $50.00)

A new seal needs to be purchased in the case of a name change, along with a new application with a different commission date.

Fees

Notary publics may charge a fee for their services. The maximum fee is determined by each individual state. Some sample fees are:

■ Drawing an affidavit, deposition, or other provision = $3.50/ page
■ Taking acknowledgement of proof of dead, to include the seal and writing of certificate = 5.00/signature
■ Administering an oath or affirmation = $5.00
■ Mileage and travel to/from the location of the notarial act, the amount provided by law for state employees when using the same mode of travel (currently $0.34/mile)

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