Unlawful act — Penalty — Definition

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  1. (a) It is unlawful for any notary public to witness any signature on any instrument unless the notary public either:

    1. (1) Witnesses the signing of the instrument and personally knows the signer or is presented proof of the identity of the signer; or

    2. (2) Recognizes the signature of the signer by virtue of familiarity with the signature.

  2. (b) Any notary public violating this section shall be guilty of a Class A misdemeanor.

  3. (c) For purposes of this section, “personally knows” means having an acquaintance, derived from association with the individual, which establishes the individual's identity with at least a reasonable certainty.


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