A section of the State Bar of Texas urges Notaries to replace their current seals now to comply with a new state law. Using an old seal after January 1 could expose certain transactions to legal challenges.

In a statement issued last week, the State Bar’s Real Estate, Probate & Trust Law Section reported that the law — which requires that Notary seals issued after January 1, 2016 include the Notary’s identification number — could apply to all Notaries, not just those who are new or renewing.

“The safest course of action is to replace your Notary seal with one that includes your identification number,” said William (Bill) D. Pargaman, Chair of the State Bar Section. “Our concern is that a third party might challenge the validity of an acknowledgment or jurat based on the lack of a (proper) seal.”
Unclear Notary Law Wording

According to the Texas Secretary of State, lawmakers who drafted House Bill 1683 intended for new and renewing Notaries after January 1 to obtain seals with an ID number. They did not intend for current Notaries to replace their seals until they renew their commission.

However, after examining the law, the State Bar Section concluded that the wording of the law does not let existing Notaries off the hook. In court, someone could argue that a seal without a Notary ID number is an “incorrect seal,” which Texas law states is the “equivalent to no seal at all.” That determination could cause significant problems with certain wills and real estate deeds, Pargaman wrote.
Protecting Your Notarizations and Those Who Rely on Them

Even though the Secretary of State’s office has said current Notaries do not have to replace their seals, your notarizations could be challenged in court with lawful ownership to property at risk. If you replace your seal now, you will save your signers, your employer and yourself from any questions about the validity of your notarizations.

To obtain a new seal with your Notary ID number, contact your seal manufacturer or the NNA (800-876-6827). No additional documentation is needed; your seal manufacturer can verify your Notary ID number through the Secretary of State’s website.

The NNA has been including Notary ID numbers on Texas Notary seals since early September. If you have any questions, you may contact the NNA at 800-876-6827.