Updated 2-10-16. On January 1, 2016, a new law went into effect in Texas changing the seal requirements for the state’s 400,000 Notaries. This has raised a number of questions about who needs to get a new seal and when. The Notary Bulletin is providing answers here.
What is the new Notary seal requirement?
Under House Bill 1683, Notary seals issued after January 1, 2016, must include the Notary’s identification number.
Do existing Notaries need to replace their seals immediately or can they use their current seals?
It’s unclear, and there are differing opinions about what existing Notaries need to do. According to the Texas Secretary of State’s office, the law is intended to apply only to new and renewing Notaries. Existing Notaries can wait until they renew their commissions to replace their seals.
On Feb 10, 2016, a new rule adopted by the Secretary of State’s office went into effect clarifying that existing Notaries do not have to obtain a new seal until their commissions expire. The rule also permits existing Notaries to obtain new seals that include their ID numbers at any time.
However, a statement issued by the Real Estate, Probate & Trust Law Section of the State Bar of Texas in November noted that the law is unclear and could apply to existing Notaries. Based upon some “old” Texas court cases, there’s a potential for someone to argue that a seal without a Notary ID number is an “incorrect seal,” which is the “equivalent to no seal at all.” This could cause problems with certain wills and real estate deeds.
When the Secretary of State’s office initially proposed the rule, the State Bar reaffirmed its position that it remains “the prudent course of action to replace existing Notary seals with ones that include the Notary’s identifying number.”
The statement from the State Bar’s Real Estate, Probate & Trust Law Section noted the proposed rule is “not a statute."
What are the benefits of getting a new seal now?
Because of the risk that someone might challenge a notarization based on an improper seal, the State Bar Section is urging Notaries to get new seals so there will be no question about the validity of their notarizations based on the lack of an ID number.
Purchasing a new seal is an inexpensive way to avoid any possibility of challenge to the validity of documents you have notarized. The NNA recommends updating your seal because it will protect your signers, your employer and yourself against the possibility of a costly court dispute involving a notarized document.
Where can I find my ID number?
Your identification number is on your Notary commission. You also can find it through the Texas Secretary of State’s Notary search page.
Where can Texas Notaries purchase replacement seals?
Purchasing a new Notary seal stamp is simple. You don’t need any additional documentation when placing the order because your seal manufacturer can verify your Notary ID number through the Secretary of State’s website. You can obtain a new seal through various manufacturers.
If you don’t know where to begin, start with the American Society of Notaries, the National Notary Association, or American Association of Notaries.
You can use the terms "Notary seal" or "Notary stamp" when searching for a vendor online to get the best results. Seals cost around $25 depending on style.
Contact your seal or stamp manufacturer or the NNA (800-876-6827) for any questions .
You just received or renewed your commission but have not yet received your seal. What do you do?
Contact the seal or stamp manufacturer to verify that the seal includes the ID number.
If you obtained your seal from the NNA, you do not have to do anything. We have been producing Texas Notary Seals with ID numbers since September 8, 2015.
Are there special risks for Notary Signing Agents?
In its statement, the Texas State Bar Section specifically mentioned the potential for problems with real property deeds and wills. If you are an NSA, you deal with real estate transactions, so you might consider replacing your seal right away.
Are we allowed to hand write our ID numbers into seal impressions?
No. The law requires the ID number to be part of the seal. Writing it in would not meet that requirement.
If you have any other questions, do not hesitate to contact the NNA at 800-876-6827.
Related Articles:
New Notary Stamps: Smaller, easier to use
Hotline Tip: Can a Notary have more than one stamp or embosser?
Notary Solutions: Fixing a bad seal impression
Additional Resources:
How to Use Your Notary Seal Stamp
Understanding Notary Certificates and Seals: Vital Notary know-how