VIP Divorce Discovery provides a client a notary public who is an officer of the State of Texas.

A notary is a public servant with statewide jurisdiction who is authorized to:

  • Take acknowledgments
  • Protest instruments permitted by law to be protested  (primarily negotiable instruments and bills and notes)
  • Administer oaths
  • Take depositions
  • Certify copies of documents not recordable in public records

A notary public is conveniently located within a community so that the notary may be of service to the general public. Each notary takes an official oath of office to faithfully perform the duties of the office. To ensure such performance, a notary public is required to post a $10,000 bond with the Secretary of State.

notary 2The primary duty of a notary public is to show that a disinterested party (the notary) has duly notified the signer of an instrument as to the importance of such document. The signer of such document has declared that the signer’s identity, signature, and reasons for signing such instrument are genuine.

The signature and seal of a notary public do not prove these facts conclusively, but provide proof of them, and allow persons in trade and commerce to rely on the truth and veracity of the notary public as a trustworthy third party who has no personal interest in the transaction.

A notary public is personally liable for negligence or fraud in the performance of the duties of the office. The bond is to insure that the person injured can recover at least $10,000, but this does not protect the notary public from personal liability for the full extent of damages caused by a breach of official duty.

In addition to civil liability, a notary may be subject to criminal prosecution and the revocation or suspension of their notary public commission by the Secretary of State’s office.

VIP Divorce Discovery’s notary public keeps in a book a record of:

  1. Date of each instrument notarized
  2. Date of the notarization
  3. Name of the signer, grantor, or maker
  4. Signer’s, grantor’s, or maker’s residence or alleged residence
  5. Whether the signer, grantor, or maker is personally known by the notary public, was identified by an identification card issued by a governmental agency or a passport issued by the United States, or was introduced to the notary, and, if introduced, the name and residence or alleged residence of the individual introducing the signer, grantor, or maker
  6. If the instrument is proved by a witness, the residence of the witness, whether the witness is personally known by the notary public or was introduced to the notary  and, if introduced, the name and residence of the individual introducing the witness
  7. The name and residence of the grantee
  8. If land is conveyed or charged by the instrument, the name of the original grantee and the county where the land is located
  9. A brief description of the instrument

Entries in the notary’s book are public information. A notary public provides, on payment of all fees, a certified copy of any record in the notary public’s office to any person requesting the copy.

VIP Divorce Discovery Fees

Texas Government establishes the maximum fees a notary public, or his or her employer, may charge for notary public services.

Note:  A notary public who charges more than the maximum set out below subjects the notary to possible criminal prosecution and suspension or revocation of the notary’s notary public commission by the Secretary of State’s office.

Notaries may charge the following fees:

Service Fees

Protesting a bill or note for non-acceptance or non-payment, register and seal


Each notice of protest


Protesting in all other cases


Certificate and seal to a protest


Taking the acknowledgment or proof of any deed or other instrument in writing, for registration, including certificate and seal:

For the first signature


For each additional signature


Administering an oath or affirmation with certificate and seal


All certificates under seal not otherwise provided for


Copies of all records and papers in the Notary Public’s office, for each page


Taking the depositions of witnesses, for each 100 words


Swearing a witness to a deposition, certificate, seal, and other business connected with taking the deposition


All notarial acts not provided for


Actions a Notary Public May Not Perform

  • Perform acts, which constitute the practice of law
  • Prepare, draft, select, or give advice concerning legal documents

  • Use the term “notario” or the phrase “notario publico” to advertise notary services
  • Overcharge for notary public services
  • Notarize a document without the signer being in the notary’s presence
  • Notarize the notary’s own signature
  • Issue identification cards
  • Sign a notarial certificate under any other name than the one under which the notary was commissioned
  • Certify copies of documents recordable in the public records
  • Record in the notary’s record book the identification number that was assigned by the governmental agency or by the United States to the signer, grantor, or maker and that is set forth on an identification card or passport; or any other number that could be used to identify the signer, grantor, or maker of the document. (Note: This does not prohibit a notary from recording a number related to the residence or alleged residence of the signer, grantor, or maker of the document or the instrument.)