Notary terms, in plain English

Acknowledgment

A notarial act in which you declare to the notary that you signed a document willingly and for the purposes stated in it. You may sign before the appointment, but you must personally appear and confirm that the signature is yours. The notary then completes a certificate stating that you acknowledged the signature.

Affiant

The person who swears to or affirms the truth of the statements in an affidavit. The affiant must sign in front of the notary and take an oath or affirmation. The notary's jurat certificate then shows that both steps took place.

Affidavit

A written statement of facts that you swear or affirm to be true before a notary or other authorized officer. Because it is made under penalty of perjury, courts and agencies often accept it as formal evidence. The notary completes a jurat to show the statement was sworn and signed in their presence.

Affirmation

A solemn promise to tell the truth, made by someone who prefers not to take a religious oath. Under Texas law it carries the same legal weight as an oath, and lying after affirming can still be perjury. A signer may always choose an affirmation instead of an oath.

Audio-Video Recording Retention

Texas requires an online notary to keep a recording of every remote online notarization session. The recording captures the live two-way audio-video conference between the notary and the signer and must be kept for at least five years. This protects signers by creating a verifiable record of what happened during the session.

Commission

The official authorization a state grants that allows a person to act as a notary public. In Texas, the Secretary of State issues commissions for four-year terms. A notary must hold a separate authorization from the Secretary of State to perform remote online notarizations.

Commission Expiration Date

The date a notary's authority ends, shown on the notary's stamp and certificate. A notarization performed after this date is not valid unless the notary has renewed. Signers can glance at the stamp to confirm the notary is currently commissioned.

Copy Certification

A notarial act in which the notary confirms that a reproduction of an original document is a true and complete copy. In Texas, notaries may certify copies only of documents that are not filed in public records and cannot be obtained from an official custodian. Items like birth certificates must instead be ordered from the government office that issued them.

Credential Analysis

A technology step used in remote online notarization to verify that your government-issued ID is genuine. Specialized software examines the ID's security features, data, and format, usually from images you capture with your phone or webcam. Texas requires this check, along with identity questions, before a remote session can proceed.

Credible Witness

A person who personally knows a signer and vouches for that signer's identity when the signer lacks acceptable ID. In Texas the witness must be personally known to the notary and takes an oath that the signer is who they claim to be. This gives people without current identification a lawful path to notarization.

Digital Certificate

An encrypted electronic credential a notary uses to sign documents during remote online notarization. It links the notary's identity to the electronic signature and lets anyone verify that the signature is authentic and that the document has not changed since it was signed. Texas online notaries must attach their digital certificate to every electronically notarized document.

Directive to Physicians (Living Will)

A Texas document in which you state your wishes about life-sustaining treatment if you become unable to communicate. It can be signed before two qualified witnesses or acknowledged before a notary. It is different from a medical power of attorney, which names a person to make decisions for you.

Disqualifying Interest

A personal or financial stake that prevents a notary from handling a particular document. A Texas notary cannot notarize their own signature and should decline when they are a party to the document or stand to benefit from it. Using a neutral notary keeps the notarization impartial and dependable.

Durable Power of Attorney

A power of attorney that remains effective even if the principal later becomes incapacitated. Texas law requires the principal's signature on a statutory durable power of attorney to be acknowledged before a notary. The word durable refers to the authority surviving incapacity, not to the range of powers granted.

E-Signature

An electronic symbol, sound, or process attached to a record that a person adopts with the intent to sign. Under Texas and federal law, an e-signature is generally as valid as ink on paper. In remote online notarization, both the signer and the notary apply e-signatures to the electronic document.

Electronic Notarization

Any notarization performed on an electronic document using an electronic signature and seal. It is not the same as remote online notarization, because a signer can appear physically before the notary while signing electronically. RON adds the separate element of appearing through live audio-video technology.

Electronic Seal

The digital version of a notary's stamp, attached to electronically notarized documents. In Texas it must show the notary's name, the words 'Notary Public, State of Texas,' the notary ID number, and the commission expiration date. Paired with the notary's digital certificate, it makes any later change to the document detectable.

Errors & Omissions (E&O) Insurance

Optional coverage that protects a notary against claims arising from unintentional mistakes in performing notarial acts. It is separate from the surety bond, which exists to protect the public rather than the notary. Many professional notaries carry E&O coverage as an added layer of care for their clients.

Guardian Consent Form

A document in which a parent or legal guardian gives permission for another adult to care for, make decisions for, or accompany a child. Schools, caregivers, and activity providers often ask that the form be notarized so they can rely on the signature. The adult granting permission, not the child, appears before the notary.

I-9 Form (Employment Eligibility Verification)

A federal employment form on which a new hire's identity and work-authorization documents are reviewed. Completing Section 2 as an employer's authorized representative is not a notarial act, so no notary seal is applied. A notary who agrees to help with an I-9 is acting in a private capacity, not under their Texas commission.

Identity Proofing

The overall process of confirming that a remote signer is who they claim to be. In Texas remote online notarization, it pairs knowledge-based authentication questions with credential analysis of a government-issued ID. A notary may instead rely on personal knowledge of the signer when that applies.

In-Person Notarization

A traditional notarization in which the signer and the notary meet face to face in the same place. The notary examines the ID in hand, watches the signing or takes the acknowledgment, and applies an ink seal to the paper document. Certain documents, including Texas wills, must be handled this way rather than online.

Jurat

A notarial act used for sworn documents such as affidavits. The signer must sign in the notary's presence and take an oath or affirmation that the contents are true. The notary's jurat certificate states that both of those things happened on the date shown.

Knowledge-Based Authentication (KBA)

A timed identity quiz used during remote online notarization. The signer answers personal-history questions drawn from public and commercial databases, questions only the real person is likely to get right, within a strict time limit and required passing score. Texas requires KBA together with credential analysis when the notary does not personally know the signer.

Limited Power of Attorney

A power of attorney that grants authority for only a specific task, matter, or time period. When the job is done or the deadline passes, the agent's authority ends. Like other powers of attorney, it is commonly acknowledged before a notary so others can trust the signature.

Living Trust

An arrangement in which a person places assets into a trust during their lifetime and names a trustee to manage them. Trust documents are frequently notarized so banks and other institutions will accept them. Notarization verifies the signer's identity; it does not mean the notary reviewed or approved the trust's terms.

Medical Power of Attorney

A document naming an agent to make health-care decisions for you if you cannot make them yourself. In Texas it may be signed before two qualified witnesses or acknowledged before a notary. It works alongside, but is distinct from, a directive to physicians.

Minor Travel Consent Form

A letter in which parents or guardians authorize a child to travel with another adult or alone, often used for trips abroad. Airlines and border officials frequently expect the letter to be notarized to help prevent child abduction. Notarization confirms the identity of the parent or guardian who signed it.

Mobile Notary

A commissioned notary who travels to the signer's home, office, hospital room, or another agreed meeting place. The notarial acts performed are identical to those done anywhere else; only the location changes. Travel-based service is especially helpful for people with limited mobility or tight schedules.

Notarial Act

Any official act a notary is authorized by law to perform, such as taking an acknowledgment, administering an oath, completing a jurat, or certifying a copy. Texas Government Code Chapter 406 defines what notaries may and may not do. Every notarial act requires the signer's personal appearance, whether physical or through approved audio-video technology.

Notarial Certificate

The wording, usually at the end of a document, that the notary completes, signs, and seals. It states the venue, the date, who appeared, and which notarial act was performed. If a document arrives without a certificate, the signer must say which act is needed, because a notary who is not an attorney cannot choose it for them.

Notario Público

In many Spanish-speaking countries, a 'notario público' is a highly trained attorney; in the United States, a notary public is not an attorney and cannot give legal advice or accept fees for legal services. Texas Government Code 406.017 makes it unlawful for a notary to advertise with the literal Spanish translation in a misleading way. Anyone needing immigration or other legal help should consult a licensed attorney, not a notary.

Notary Bond

A $10,000 surety bond every Texas notary must file before receiving a commission. It exists to protect the public: a person harmed by a notary's misconduct can make a claim against the bond. The bond is not insurance for the notary, who remains personally responsible for damages.

Notary Journal

The record book in which a Texas notary logs each notarization, including the date, the type of act, the document, and how the signer was identified. Texas law requires notaries to keep these records, and online notaries must keep them electronically. The journal makes it possible to verify a notarization years later if questions ever arise.

Notary Public

A state-commissioned officer who serves as an impartial witness to the signing of important documents. A notary verifies identity, confirms the signer is acting willingly and is aware of what is happening, administers oaths, and completes certificates, but does not prepare documents or give legal advice. In Texas, notaries are commissioned by the Secretary of State for four-year terms.

Notary Seal

The inked stamp or embosser a Texas notary applies near their signature on a notarized paper document. It must include the notary's name, the words 'Notary Public, State of Texas,' the notary ID number, and the commission expiration date. The seal makes the notarization recognizable and verifiable to anyone who receives the document.

Oath

A spoken promise to tell the truth, made with reference to a higher power, before a notary or other authorized officer. Oaths are used for jurats, sworn statements, and credible-witness verifications. Lying under oath is perjury, which is a crime.

Personal Appearance

The legal requirement that a signer be in the notary's presence at the time of the notarization. In Texas this can be satisfied physically, face to face, or, for remote online notarization, through live two-way audio-video technology. A notary can never notarize for someone they have not seen during the session, such as over a phone call or by email.

Personally Known

A way a notary may identify a signer based on an established acquaintance over time rather than an ID document. The notary must genuinely know the individual, not merely recognize a name or a face from a single meeting. When personal knowledge does not exist, the notary relies on identification documents or a credible witness.

Power of Attorney

A document in which one person, the principal, authorizes another person, the agent, to act on their behalf. Common types include durable, medical, and limited powers of attorney, each covering different decisions or time spans. These documents are routinely acknowledged before a notary so banks, doctors, and agencies can trust the signature.

Principal

The person who signs a document or grants authority and whose signature is being notarized. In a power of attorney, the principal is the one giving the agent permission to act. The principal, not the agent, must appear before the notary when the document is signed.

Remote Online Notarization (RON)

A notarization completed over a secure, live audio-video connection instead of an in-person meeting. Texas authorizes RON statewide, and a Texas online notary can serve signers located anywhere in the world as long as the notary is physically in Texas. Identity is verified electronically, the document is signed electronically, and the session is recorded.

Remotely Located Signer

A signer who appears before the notary through audio-video technology rather than in the same room. In a Texas RON session, the signer may be in another city, another state, or another country. The signer still must complete identity verification and interact with the notary in real time.

Satisfactory Evidence of Identity

The proof a notary must have, before notarizing, that the signer is who they claim to be. In Texas this is typically a current government-issued identification card or passport bearing the person's photograph and signature, or the oath of a credible witness. Expired or photocopied IDs do not qualify.

Self-Proving Affidavit

A sworn statement attached to a will in which the will-maker and the witnesses confirm the will was properly signed. In Texas it is sworn before a notary, and it allows the will to be admitted to probate without calling the witnesses to testify. Like the will itself, it is signed in person rather than through remote online notarization.

Signature by Mark

A way for a person who cannot write their full name to sign using an 'X' or another mark. The notary identifies the signer as usual, and a witness typically also signs to confirm the mark was made by that person. Texas law also allows a notary to sign for a person with a physical impairment who directs them to, in the presence of a witness.

Signature Witnessing

A notarial act, recognized in many states, in which the notary watches the person sign and certifies that the signature was made in the notary's presence. Texas law does not list signature witnessing as a separate act, so Texas notaries typically perform an acknowledgment or a jurat instead, depending on the certificate wording. If your document comes from another state, the notary will use certificate language that complies with Texas law.

Subscribing Witness

A person who watches a principal sign a document, or hears the principal acknowledge the signature, and then appears before the notary on the principal's behalf. Texas allows this kind of proof in limited situations when the principal cannot appear. The witness, not the principal, takes an oath before the notary.

Sworn Statement

Any written declaration the signer swears or affirms to be true before an authorized officer. Affidavits, verifications, and many application forms fall into this category. The notary administers the oath or affirmation and completes a jurat certificate.

Tamper-Evident

A security quality of electronically notarized documents that makes any later alteration detectable. Once the notary applies the electronic signature, electronic seal, and digital certificate, changing even one character breaks the document's digital validation. Recipients can therefore trust that what they see is exactly what was notarized.

Unauthorized Practice of Law

Performing legal services, such as drafting documents, giving legal advice, or selecting which notarial certificate someone needs, without a law license. Texas notaries who are not attorneys are prohibited from doing these things and must refer such questions to a licensed attorney. This rule protects consumers from unqualified advice.

Venue

The part of a notarial certificate that states where the notarization took place, usually written as 'State of Texas, County of ____.' For remote online notarizations, venue reflects the Texas county where the notary is physically located, even if the signer is elsewhere. Accurate venue matters because it shows the notary acted within their lawful jurisdiction.

Vital Records

Official government records of life events, such as birth, death, and marriage certificates. Texas notaries cannot make certified copies of vital records; certified copies must be ordered from the state or local registrar that issued them. A notary can, however, notarize a sworn statement you make about such a record.

Will and Codicil

A will directs how a person's assets and affairs are handled after death, and a codicil is a formal amendment to an existing will. In Texas these must be signed in person with the required witnesses and are not eligible for remote online notarization. A notary's usual role is limited to the self-proving affidavit signed at the same time.

Definitions are general information about notarial practice (Texas-specific where noted) — not legal advice.