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Sunday, October 09, 2011

TEXAS NOTARY


Notary News

The American Association of Notaries is dedicated to serving Texas notaries by providing information, news, law updates, education, notary supplies, notary bonds, and E/O insurance. We closely monitor news and any law changes that affect Texas notaries, and we will keep you informed on this site if any changes are imminent. We are a Texas based association. We are the voice of Texas notaries!
Notary News...
1-As of April 22, 2007 Texas Notaries Public Are Forbidden From Recording Identification Card Numbers in Their Notary Record Books.
Section 406.014(a)(5) does not require that the personal information on the identification card be recorded in the notary record book. However, notaries public have recorded the driver’s license in their notary record books.
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2-Why Belong to a Professional Notary Association?
Notaries assume liability for every notarial act upon being commissioned as a notary public. It is critical to obtain the best information available to ensure compliance with your state’s laws. If you observe laws properly, you can protect yourself and minimize opportunity for liability.
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3-AAN Introduces Laser Engraving For Seals
In order to bring our members the absolute best in stamp and seal technology, the American Association of Notaries now provides seals made with a state of the art Laser Engraving process. This innovative technology ensures that our seals are clean and sharp, accurate and concise, better than ever! We make it our business to be certain that every stamp is made as your state requires, and they are – always – absolutely guaranteed!
4-The American Association of Notaries’ New E-Zine Coming Soon!
Members, watch your email for the new electronic magazine from the American Association of Notaries, filled with helpful information, coupons for discounts and special offerings to members only, and updates on any law changes that may be pending. You get the story from the American Association of Notaries!
5-How to Choose a Bonding and Notary Supply Company
It is critical to choose a very reputable notary bonding and supply company that is approved by your state to issue notary bonds. As with any insurance, you want an agency you can count on. One that will still be here tomorrow and for years to come.
Many states’ notary administrators post approved bonding agencies; some do and some states do not require notary bonds at all. Here are some important points to consider when choosing a bonding agency and/or notary supply resource:
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6-Steps to a Proper Notarization
Notaries should follow proper procedures to minimize any risk of liability for an improper notarial act and reduce opportunities for fraud. With every notarization, the notary should use precise measures to:
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7-Why Do You Need Errors and Omissions Insurance?
Many notaries are unaware that they have total liability for incorrect or inappropriate notary acts.
If a notary makes an error that costs a client something of value, that client could sue, even if the notary had no idea of the wrongdoing. Ignorance of the law is not considered an excuse.
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8-Notaries: Maintain a Journal!
The notary’s best defense is the record book, or notary journal. Some states require notaries to keep a record book and some states do not; however, all notaries are encouraged to keep a journal of every notarial act. Precise entries in a properly maintained record book can prove that the notary acted properly at the time of the notarial act, and may mean the difference in penalties for wrongdoing or praise for proper adherence.
The record book entry may well serve to remind the notary of pertinent facts regarding a particular notarial act in question (often by a court of law) that may have occurred years before. The notary would in all probability be unable to recall details of a transaction after the fact without the benefit of proper records of the act made at the time it took place. Entries in the journal along with the signature of your signer will prove that the signer was physically present at the time of the notarial act. The journal would prove absolutely invaluable if ever called to testify! Make sure to write down any unusual circumstances pertaining to the notarial act. 
9-Notary Fees
Discuss fees with employer.
Notaries must know their state notary laws regarding all aspects of their notary commission, and this includes fees. You must NOT charge more than the law allows for any notarization. This can result in severe penalties against the notary. You may of course offer your services at no charge. Discuss fees and how you will handle them with your employer to avoid any misunderstandings.
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Avoid Conflicts of Interest
Never act in a notary capacity if you have any involvement whatsoever in the transaction taking place. If you are named in the document, or if a family member or close affiliate is named, refuse to notarize. You must be a completely unbiased witness to the execution, and you are not unbiased, if for example, your spouse, your sister, or your boyfriend stands to gain financially or emotionally from the transaction taking place.
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Practicing Law Without a License / Unlawful Advertising
The following are issues that are addressed by law in many states and may carry severe penalties. Notaries in those states that do not address these issues should heed the following:
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Texas Notary Bonds and errors and omissions insurance policies provided by this insurance agency, American Association of Notaries, Inc., are underwritten by Western Surety Company (established 1900). American Association of Notaries is owned by Kal Tabbara, a licensed insurance agent in Texas.

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