What is a Notary Public
A Notary Public is an official appointed by a state government to serve the public as an impartial witness during notarizations. As ministerial officials, they are expected to follow statutory rules without the exercise of significant personal discretion.
Notaries Public certify the proper execution of many life-changing documents of private citizens, whether those transactions grant powers of attorney, establish an agreement, convey real property, or perform the multitude of other activities that enable our civil society to function.
In 2023, the National Notary Association published a survey that found 51.1% of the Notaries who responded were self-employed Mobile Notaries or Notary Signing Agents.
A Notary Public's Responsibilities
Notaries perform notarizations, or notarial acts, to deter fraud and establish that the signer understands the document they are signing and that they are a willing participant to the transaction.
There are two primary responsibilities of Notaries: 1) Validate the signer’s identity and 2) Confirm the signer’s willingness and awareness to sign the document or complete the transaction.
Identifying the Signer
A responsible notary will ask for a current form of identification that has a photo, physical description and signature. Acceptable IDs usually include a state issued driver's license or identification card, a passport, state issued weapons carry permit card, or a government issued identification card, such as a military ID card.
Verifying Willingness and Awareness
Notaries will confirm both the signer's willingness to sign the document and their awareness of its implications. On occasion, Notaries encounter individuals who are being forced to sign a document or whose health condition impairs their decision-making abilities. This is why Notaries are essential to preserving the public trust, as they ensure the integrity of documents while protecting the rights of all parties involved.
Some notarizations require the Notary to put the signer under oath, declaring under penalty of perjury that the information contained in a document is true and correct.
Different Types of Notary Jobs
Every Notary in Texas starts with a traditional commission, but like many other fields, they can specialize and branch out in to more specialized services.
- Traditional Notary: A Notary who qualifies for a commission in Texas and has met the Texas application requirements.
- Mobile Notary: A Traditional Notary who travels to the signers preferred location, such as the signer's home, place of business, a medical facility or even a coffee shop or restaurant.
- Remote Online Notary (RON): A Notary with a Traditional commission who has also met the Texas requirements to become an authorize Notary Public to perform notarizations via an audio/visual internet connection.
- Notary Signing Agent (NSA): A Notary with a Traditional commission who has passed a background check and training to comply with industry standards and handles real estate loan signings.