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Texas notary rules: acknowledgments
What the Texas Government Code, Chapter 406 says about acknowledgments, as 4 exam-style questions with the answer and the exact rule.
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- Under Sec. 406.026, in which specific legal proceedings may the requirement for a notarized signature be satisfied by attaching an electronic signature logically associated with the document?Proceedings filed under Title 1 or 5, Family Code. The statute limits the use of electronic signatures for notarization requirements to proceedings filed under Title 1 or 5 of the Family Code.Texas Government Code, Chapter 406, Sec. 406.026: “In a proceeding filed under Title 1 or 5, Family Code, if a signature is required to be notarized, acknowledged, verified, or made under oath, the requirement may be satisfied if the electronic signature of the person authorized to perform that act, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature required to be notarized, acknowledged, verified, or made under oath.”
- What materials must the Secretary of State supply to a notary public immediately when the commission is issued?Materials outlining powers and duties, prohibited acts list, sample forms, and identifying number. The statute lists these four specific items as mandatory supplies provided by the Secretary of State upon issuance of the commission.Texas Government Code, Chapter 406, Sec. 406.008: “When the commission is issued, the secretary of state shall supply the notary public with: (1) materials outlining the powers and duties of the office; (2) a list of prohibited acts; (3) sample forms for an acknowledgment, jurat, and verification and for the administering of an oath, protest, and deposition; and (4) the identifying number assigned to the notary public.”
- According to Sec. 406.055, which of the following authorities does a commissioner of deeds possess?The same authority as a notary public to take acknowledgments, administer oaths, and take depositions. The law equates the powers of a commissioner of deeds with those of a standard notary public regarding acknowledgments, oaths, and depositions.Texas Government Code, Chapter 406, Sec. 406.055: “A commissioner of deeds has the same authority as a notary public to take acknowledgments and proofs of written instruments, to administer oaths, and to take depositions to be used or recorded in this state.”
- Under Texas Government Code Section 406.016, which of the following is a specific authority granted to a notary public?Taking acknowledgments or proofs of written instruments. The statute lists taking acknowledgments or proofs of written instruments as an authority, while other options describe limitations or different duties.Texas Government Code, Chapter 406, Sec. 406.016: “A notary public has the same authority as the county clerk to: (1) take acknowledgments or proofs of written instruments;”