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I must admit that when I first encountered the term, I was not entirely sure how to pronounce it. Is it pronounced like the biblical term, apostle? (UH-PAA-SL) This is by far the most common question I hear when a client calls my office. Not only was I not aware of how to pronounce it myself, I also had never heard of the word. It ends up that learning what the word means and how to pronounce it was the easy part. The apostille, pronounced (UHH-PAA-STIL), is a term used to describe a process for validating documents being presented to a foreign country.
There is an interesting explanation on how the term was derived and historically utilized. I will not go into that in this post, but if you enjoy learning like I do, feel free to explore that topic! The apostille legalization process was created by the 1968 Hague Convention, and it sought to create and simply a uniform document verification process. Governments around the world have their own respective methods for processing official government records and documents. The apostille certificate is used to provide a commonly recognized uniform format of details that other countries could recognize. The tricky part of the apostille process, is that even though it has been recognized as the uniform official standard among various countries, not all nations have opted in to recognizing this process. When a foreign government has not opted in to the Hague Convention apostille process, they usually require you to obtain additional certificates, seals, or certifications from their own offices. Knowing if a country is a participant in the Hague apostille process is not difficult to search for, but without experience you may not understand the additional costs and specialized requirements. Allowing South Texas Notary, LLC. to handle your apostille legalization is a smart move, and it saves you ample time, money, and effort. Over the course of my 17 years as a Texas Notary, I have been fortunate enough to be a part of helping people, friends, and family. This work places me in situations that are sometimes critical and consequential, such as visitations to hospitals and rehabilitation centers. Sometimes visits are requested at a person’s private residence, with issues ranging from mobility disabilities to final directives. As a Notary, we meet people who are preparing for their final days on earth, and some who are celebrating their adoptions. We encounter a variety of individuals from all walks of life.
Working as a Notary is not filled with glamour and fame, nor does it come with the promise of making millions of dollars. We are often seen as just a checkmark on a document, usually a brief signature formality that seems mostly insignificant. Indeed, we are often seen as the lowest form of public service officials with limited authority and jurisdiction. While this may be true, the reality is that our services have extremely lasting consequences that involve financial and oftentimes life-changing impacts. Conducting a notarization the wrong way could land us in legal trouble, and could alter the lives of the public which we serve. In the real estate industry, we are the final mark on documents for homebuyers. Our notarial seals literally seal the deal. Funding for a home purchase often depends on our final seals and signatures, and impact not just when a buyer gets the keys to their home, but also when the bank releases the funds for payments. Some contracts are time sensitive, and must be processed within a time frame in order to keep a special interest rate. In the legal industry, our signature and notary seal are also the final step in the progress of a legal transaction. Whether it’s an affidavit statement, or a power of attorney, our seal ensures that the true intent of a legal document is fulfilled. I have met inmates in jail that need legal docs signed that are related to civil matters, and usually impact their loved ones outside their confinement. A notary ensures that an individual is who they say they are, and that their mark on a legal document is intentional and without duress. If your document holds significant legal consequences, it absolutely matters that you choose a Notary with the knowledge and insight of the task at hand. In the past, I have halted the signature of a notarial certificate if I suspected that the signer is not capable of understanding what they are signing. In one case, an older man was suffering from dementia, and a relative was attempting to obtain a power of attorney that sought to control the man’s estate. I have been threatened a time or two if I decide that the notarization cannot proceed, with one client who was heavily sedated and therefore could not comprehend the document in front of them. So while we may be considered insignificant by some professions, our actions do result in very real consequences. We ensure that those who are the most vulnerable are protected from bad actors seeking to take advantage of their situation. Our signature and seal finalizes those mortgage documents so that homeowners get the keys to that new home. We are ultimately a way to deter fraud, protect the vulnerable, and ensure our communities are protected. On occasion, I have been asked why anyone would consider paying for notarial services when there are some places that offer this service for free? It is true. There are many notaries that offer to process your document for free. One only needs to launch an online search for free notary services, and your results will fill your entire screen. I get i! Who wants to spend resources for something that can be completed for zero dollars? Several businesses offer free notary services, including some local banks, credit unions, and law office staff. For simple documents, a free notarization may be sufficient enough for your purposes, and it can even save you some cash. Who doesn’t like saving cash? I have had clients that need a notarization, but they explain that they either do not want or cannot pay. My response is to direct them to some of these free resources. Here’s where it gets tricky. Imagine that you are preparing your will, power of attorney, or selling some property. You receive your documents and discover that you can simply swing by your local credit union or neighbor's house to notarize for free. Sounds easy, right? You are now all set to use your legal documents for their intended purpose. The time arrives for you to present your docs, except the court clerk or judge finds that the notary certificate that was used is not correct. There is missing information, a clerical error, or signatures did not meet the legal requirements. Now you’re stuck with your free notarized document, and it didn’t meet the requirements. If you are selling your property, this will ultimately result in funding delays. Maybe it’s your power of attorney, and the notary suggested which certificate to use. (This is not allowed, and is considered the practice of law.) What about that last will? Perhaps a relative comes out to contest the legal validity of your last will, and you discover that the notary did not administer the verbal oath that is required for jurat notarizations. This is why we charge reasonable fees to notarize your important documents. We hold error & omissions insurance above the typical basic notary public, so that if we made a mistake that caused you financial loss or issues in probate court, you know that there could be some financial relief provided as result of a notary mistake. Some places that offer free notary service might even reject your notary request if your documents are more complex or even time sensitive. They usually do not want to take the risk or liability for the possibility of a financial loss. Training, experience, certifications, and quality resources do matter. Our notary service has been serving the public for more than 17 years. We hold a $100,000 error insurance policy. South Texas Notary has independently chosen to train, practice, and process a wide range of documents. Our fees are reasonable and are meant to provide the most accurate, reliable, and correct notary services. Your documents must be reviewed and notarized correctly, or you risk losing out on the sale of a property, or maybe your last will and testament could be rejected. The consequences of one simple bad notarization would cause you to lose it all. We will meet you in person, or online so that you can choose the most convenient service for you. We carry extra notarial certificates in the event that your document is lacking one. We can notarize your 200 page contract the proper way, so that you don’t have to worry about notarial rejects in the future. Training matters. Experience matters. Reputation matters. We keep our rates reasonable, and provide the correct notarial services as required by law. Free is always nice, but if you want to guarantee that your documents are notarized the right way, send us a text, email, or call. We are always happy to help answer your questions.  When you have a document notarized, the notary is not responsible for the contents of that document. The notary is not authorized to suggest or make changes on a document. So it is important to remember that as a signer, your liability as to the contents of that document are indeed under your approval.
Sometimes a client will request for a notary to provide a document for their signature. This happens often with power of attorney docs. There are a variety of sources that provide blank legal documents to the public, but it is the responsibility of the signer(s) to ensure that it meets whatever purpose or intent that it serves. We highly recommend that the public seeks the advice of a licensed attorney, to ensure that it meets the desired purpose. A notary is not allowed to offer legal guidance, unless they are licensed to practice law. Some sources, such as TexasLawHelp offer free information and documents that you can download without having to seek an attorney. While this is a convenient do-it-yourself option, your situation may require a more complex legal approach. Be sure you read any document before you sign it, and if you don't feel comfortable with it, do not sign it. When you request a notarization, the notary is validating acknowledgements or oaths as to the truthfulness of the contents. The burden of liability therefore lies with the signer, and the signer should always make sure that what they are signing is worthy of their hand signature. As a notary, we have an obligation, and have sworn under oath to ensure that a signer is not under any duress when signing any document. This scenario is more common in situations where the signer is hospitalized or is unable to understand what is occuring due to severe illness. In Texas, the law does provide guidelines for processing a notarization for individuals with disabilities, which is defined as having a physical impairment that impedes the ability to sign or make a mark on a document. But what if the signer does not understand what they're signing? What if the signer displays signs of duress?
We will refuse to seal and notarize your document if any signer exhibits any signs of duress or confusion. The signer must be aware of what they are signing, and why. They must also be able to sign the document without the assistance of any observers. With regards to disabilities, if a signer is unable to sign or mark on a document, then the state laws are followed for these specific instances. Reference TX law: Sec. 406.0165. SIGNING DOCUMENT FOR INDIVIDUAL WITH DISABILITY. (a) A notary may sign the name of an individual who is physically unable to sign or make a mark on a document presented for notarization if directed to do so by that individual, in the presence of a witness who has no legal or equitable interest in any real or personal property that is the subject of, or is affected by, the document being signed. The notary shall require identification of the witness in the same manner as from an acknowledging person under Section 121.005, Civil Practice and Remedies Code. (b) A notary who signs a document under this section shall write, beneath the signature, the following or a substantially similar sentence: "Signature affixed by notary in the presence of (name of witness), a disinterested witness, under Section 406.0165, Government Code." (c) A signature made under this section is effective as the signature of the individual on whose behalf the signature was made for any purpose. A subsequent bona fide purchaser for value may rely on the signature of the notary as evidence of the individual's consent to execution of the document. (d) In this section, "disability" means a physical impairment that impedes the ability to sign or make a mark on a document. Sources: (Texas) GOVERNMENT CODE, TITLE 4. EXECUTIVE BRANCH, SUBTITLE A. EXECUTIVE OFFICERS, CHAPTER 406. NOTARY PUBLIC; COMMISSIONER OF DEEDS, SUBCHAPTER A. NOTARY PUBLIC In 2023 the Texas legislature authorized an increase in notary fees that Texas Notaries may charge for certain services. The standard fee was increased from $6.00 to $10.00. The new law also gives the Texas Secretary of State some authority over increasing or decreasing fees in the future.
Sec. 406.024. FEES CHARGED BY NOTARY PUBLIC. (a) A notary public or its employer may charge the following fees: (1) for protesting a bill or note for nonacceptance or nonpayment, register and seal, a fee of $4;(2) for each notice of protest, a fee of $1; (3) for protesting in all other cases, a fee of $4; (4) for certificate and seal to a protest, a fee of $4; (5) for taking the acknowledgment or proof of a deed or other instrument in writing, for registration, including certificate and seal, a fee of $10 for the first signature and $1 for each additional signature; (6) for administering an oath or affirmation with certificate and seal, a fee of $10; (7) for a certificate under seal not otherwise provided for, a fee of $10; (8) for a copy of a record or paper in the notary public’s office, a fee of $1 for each page; (9) for taking the deposition of a witness, $1 for each 100 words; (10) for swearing a witness to a deposition, certificate, seal, and other business connected with taking the deposition, a fee of $10; and (11) for a notarial act not provided for, a fee of $10. (b) A notary public may charge a fee only for an acknowledgment or official act under Subsection(a). The fee charged may not exceed the fee authorized by Subsection (a), as adjusted under Subsection (c). (c) Once every five years, the secretary of state shall adjust the fees provided under Subsection (a) by the amount that results from applying the inflation rate, as determined by the comptroller on the basis of the increase, if any, in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor, to the current fee amounts. Sec. 406.111. FEES FOR ONLINE NOTARIZATION. An online notary public or the online notary public’s employer may charge a fee in an amount not to exceed $25 for performing an online notarization in addition to any other fees authorized under Section 406.024. Notaries in Texas have specific, legislatively mandated guidelines that all notaries must take seriously. The laws we highlight in this article relate to two topics that might even seem controversial to some. The first is how a notary is allowed to use the title of Notary Public. The second topic relates to how a notary can work with immigration documents.
Notaries in Texas are prohibited from using the terms "Notario Publico." Gov't Code 406.017(a)(4) Classifies as a Class A [state] misdemeanor the offense of a person using the phrase notario or notario publico to advertise the services of a Notary; or the offense of advertising services in a language other than English if the person doesn't post the written notice, as specified. Clarifies that an individual does not violate these provisions by offering or providing language translation or typing services and accepting compensation. A Notario Publico carries a much different meaning and purpose than the English term Notary Public. For example, in Mexico, a Notario Publico is considered a legal professional and an attorney at law in some regards. Most seasoned notaries in Texas know that it is also forbidden to offer any legal advice unless the notary is also a licensed attorney. For this reason, we are unable to recommend which certificates you should use on a document. Always consult with a licensed attorney if you have questions about your paper's legality and wording. Another section of Texas law addresses a notary's role concerning immigration documents. Aside from restating that the use of Notario Publico is prohibited, this section also includes a policy that restricts a notary's position within the context of an immigration consultant. Texas prohibits a notary from advertising any expertise in immigration matters. Be sure to steer clear from violating these restrictions as a Texas Notary. 1 TAC 87.11(a)(5), (a)(14), (a)(15) Classifies as "good cause" for the purpose of revocation of a Notary's commission a Notary using the term notario or notario public in advertising or offering the services of a Notary, advertising and holding out in any manner that the notary is an immigration specialist or consultant, or any other title or description reflecting expertise in immigration matters, and using false or misleading advertising of either an oral or written nature, whereby the notary has represented or indicated that he or she has duties, rights, powers, or privileges that are not possessed by law. A Texas Notary is allowed to provide translation services for compensation, but they cannot operate in any way that would be considered the practice of law. A notary cannot advertise or indicate that they are immigration specialists. Some specialized attorneys can provide legal advice on topics of immigration. If you have questions, contact your licensed attorney for advice. In the true sense of the word, a Notary Public is "a public servant" and "an officer of the State of Texas," conveniently located in the community so that the notary may be of service to the public. Each Notary Public takes an official oath of office to perform the duties faithfully in their capacity. The Texas Secretary of State is charged with issuing commissions to notaries in the State of Texas. This state agency also maintains statewide notarial guidelines, protocols, and verification databases that a notary must comply with.
A notary is unbiased and impartial. Notaries are instrumental for identity verification, competence of signers, and play an important part in reducing fraud. They will verify an individual's identity using various verification processes. Notaries also ensure that a signer chooses to sign willingly and without coercion. Notaries validate the legality and intent of a signature on legal documents. Some notaries are also Notary Signing Agents. NSA's perform notarial acts on mortgage and title documents, usually when a borrower or seller is closing on a property. |
