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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 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. |
AuthorRick Puente is the founder of South TX Notary, LLC. Categories
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