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A native of Mexico applied to be a notary public in Texas. [2] Citing a Texas law that required notaries public to be citizens of the United States, Texas' Secretary of State denied the application. [3] After losing an administrative appeal, the applicant filed a lawsuit in federal court. [4]
In the United States, a notary public is a person appointed by a state government, e.g., the governor, lieutenant governor, secretary of state, or in some cases the state legislature, and whose primary role is to serve the public as an impartial witness when important documents are signed. Since the notary is a state officer, a notary's duties ...
The secretary of state administers the Texas Election Code and maintains public filings; the officeholder is the keeper of the Seal of the State of Texas. [8] The office also oversees business entity status in Texas, including processing reinstatements of forfeited or terminated entities. [ 9 ]
The office of Commissioner of Deeds is one unique to the United States. During the 19th century, deeds concerning property located in a particular state could only be acknowledged before a Notary Public in that state; if the deeds was acknowledged outside the state where the subject property was located, the grantor would have to find a judge of a court of record to take the acknowledgment.
To comply with state law, notaries must be located in any of the states that have authorized remote notarization services. Virginia was the first state to pass legislation allowing online notarization in 2012. Texas and Nevada passed similar laws in 2017 that went into effect in July 2018.
The National Association of Secretaries of State (NASS) affirms the role of the Secretary of State or other state notary commissioning entity as the sole authority to establish standards enabling electronic notarizations that will protect signature credibility, avoid identity fraud and provide accountability to the public in order to promote ...
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