Notary Updates

May a notary public determine which type of notarial certificate should be attached to a document?

No. A notary public who is not an attorney should only complete a notarial certificate which is already on the document, or type or attach a certificate of the maker’s choosing. If a notary public is presented with a document that does not contain a certificate and decided which certificate to attach, that notary public would be “practicing law.” Instead, the notary may allow the person for whom the notarization is performed to choose among the sample certificates provided to the notary with the notary’s commission.

Can I complete a Form I-9, Employment Eligibility Verification, on behalf of an employer?

No. Although the United States Citizenship and Immigration Services (USCIS) would allow a notary public to fill out Form I-9 on the behalf of an employer, Texas notaries public are not provided this authority under Texas law. Therefore, if an employer requests that a Texas Notary Public complete any portion of a Form I-9 in their capacity as a notary public, the notary public should refuse.

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