A troubling trend
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A Troubling Trend: Why Ignoring Texas Notary Law is a Detriment to Your Business
By Oliver The Notary Nerd, Founder & Lead Mentor, Lions Den Notary Training Blueprint
As the founder of The Lions Den Blueprint, I’ve dedicated my career to empowering notaries with the knowledge to build confident, thriving businesses grounded in Texas law. Lately, however, I’ve observed a troubling trend that undermines the very integrity of the office we hold: a noticeable rise in notaries overcharging for services, dangerously crossing the line into the unauthorized practice of law, and displaying a general disregard for the statutes that govern us.
The frustrating part is that our framework for success is clearly laid out. The path to becoming a professional, respected, and legally compliant notary is not a maze of complex regulations. It's a straight line defined by the Texas Government Code, Civil Practice and Remedies Code, and Administrative Code. At Lions Den, we believe in unwavering compliance, and it’s time for a frank discussion about upholding the standards of our commission.
The Pitfall of Prohibited Pricing
A Notary Public is a public servant, and the fees for our notarial acts are set by the state, not by our personal financial goals. The Texas Government Code explicitly outlines the maximum fees a notary can charge for their services. While it is perfectly acceptable to charge additional fees for travel or other business services, these must be billed separately and agreed upon with the signer beforehand. Inflating the fee for the notarial act itself is a direct violation of the law.
The Unauthorized Practice of Law: A Line You Cannot Cross
Perhaps the most critical misunderstanding I’m seeing is around the scope of our duties. A Notary Public’s primary role is to serve as an impartial witness to the signing of documents, deterring fraud by verifying the identity of the signer. We are not legal advisors. Our duty is to operate strictly within the four corners of the notarial act, which means we cannot explain the contents of a document or offer opinions on its legality.
When a signer asks, "Is this document right?" or "Which notarial certificate should I use?" the only correct response is to refer them to the document’s issuer or an attorney. While it may feel helpful to offer more, doing so constitutes the unauthorized practice of law, which carries severe legal consequences and can cause irreparable harm to the public you are commissioned to protect. As a Loan Signing Agent, your role is to identify documents, not explain them.
The Simple Blueprint for Compliant Notarization
This is the core of the issue: many of the problems I’m seeing stem from a failure to grasp the fundamental duties outlined in our state laws. These laws aren’t meant to be burdensome; they are your blueprint for flawless, professional execution. The anatomy of a proper notarization is a clear, step-by-step process:
Verify Identity: Your most critical duty is to positively identify the signer through personal knowledge or an acceptable form of government-issued ID, as required by Civil Practice and Remedies Code §121.
Ensure Willingness and Awareness: You must be confident the signer is acting willingly and appears to understand the document they are signing.
Complete the Certificate: You must accurately fill out the notarial certificate with the correct date, location, and signer information before affixing your signature and seal.
Use Your Tools Correctly: Your seal and journal are your symbols of office and your legal record. The specifications for your seal are detailed in Government Code §406.013.
Record Every Act: Meticulously recording every notarial act in your journal is not optional; it’s a mandate under Government Code §406.014 and your best legal defense.
Following these steps, which are central to our training, is the bedrock of every legal notarization.
Uphold the Standard of the Den
The laws that govern Texas notaries are not obstacles. They are the tools that lend us our authority and protect the public trust. By adhering to the clear directives in Government Code §406, Civil Practice and Remedies Code §121, and the Administrative Code, you are not just following rules—you are building a business with a reputation for integrity and excellence.
At Lions Den Notary Training & Mentorship, our commitment is to continuous learning and unwavering adherence to these legal standards. I urge every Texas notary to revisit these foundational principles. Your success and the integrity of our profession depend on it.
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