A practical guide for notaries public commissioned in the State of
Texas. It is an important and useful guide for paralegals, bank
employees, insurance agency employees and anyone who serves as a
notary public. -- WHAT IS A NOTARY PUBLIC? -- A notary or notary
public is one of a class of persons authorized by law to serve as
an official witness and/or one authorized to administer oaths.
Others who may perform such functions can vary from jurisdiction to
jurisdiction, but also may include military officers, court
reporters, judicial officers, court clerks, law enforcement
officers and other government employees. The specific definition of
a notary public varies from source to source, but the various
definitions given are similar. One national law encyclopedia,
Corpus Juris Secundum, gives the following definition: A notary or
notary public is a public officer whose function it is to attest
and certify, by his hand and official seal, certain classes of
documents, in order to give them credit and authenticity in foreign
jurisdictions, to take acknowledgments of deeds and other
conveyances, and certify them, and to perform certain official
acts, chiefly in commercial matters. 66 C.J.S. Notaries, Section 1
Another national law encyclopedia, American Jurisprudence, Second
Edition, offers a slightly different definition, which is also
cited by Texas Jurisprudence, Third Edition, a state law
encyclopedia by the same publisher, as follows: A notary public is
a public officer who, in the performance of the notary public's
duties, exercises a delegation of the state's sovereign power, as
in attesting the genuineness of any deeds or writings in order to
render them available as evidence of the facts therein contained
and in administering oaths and attesting to the authenticity of
signatures. Am. Jur. 2d Notaries Public, Section 1 Tex. Jur. 3d
Notaries Public, Etc., Section 1 -- THE IMPORTANCE OF THE NOTARY
PUBLIC -- Modern technology has profoundly increased the speed and
volume of many human interactions. For the most part, these
increases have resulted in positive improvements to life. The
increased speed and volume of business activity creates more jobs,
increases consumer satisfaction and reduces wasted time. For
example, being able to e-file a tax return can save everyone
concerned time and trouble. However, two important issues remain
important in human interactions such as commerce (business
activity). First, there is a continuing need to verify the identity
of someone who is the party to a commercial, legal or governmental
transaction. While verification technologies, ranging from PIN
numbers to photographs to fingerprints, are useful, they are not
always practical. In this regard the notary public plays an
essential role in verifying the identity of people who sign a
variety of documents, ranging from wills to deeds to releases of
claims to powers of attorney. Secondly, there are times in the
course of human interactions where sworn statements are important.
History has made certain human frailties clear. One such human
frailty is lying. People lie. People exaggerate. People embellish.
However, sometimes telling the truth is essential in order for
society to be able to rely upon business transactions, legal rights
and so forth. For this reason, the practice of requiring that
certain statements be made under oath or affirmation is used to
signify the importance telling the truth under specific
circumstances. Ultimately, the importance of the notary public
today is reliance. Many people and businesses of all kinds daily
rely upon a notary public's certification that a particular person
signed a particular document or that a particular statement was
made under oath.
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