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§ 121.004.Method of Acknowledgment

Title 6. Miscellaneous Provisions · Chapter 121. Acknowledgments and Proofs of Written Instruments · Last amended 2001 · Last verified August 29, 2026

In one sentenceSection 121.004 sets the method of acknowledgment — appearance, a statement of execution, and a signed and sealed certificate — with two rules relaxing the seal requirement.

Full Text of § 121.004

Text sizeJump to: (a) (b) (c) (d)

(a)To acknowledge a written instrument for recording, the grantor or person who executed the instrument must appear before an officer and must state that he executed the instrument for the purposes and consideration expressed in it.
(b)The officer shall:
(1)make a certificate of the acknowledgment;
(2)sign the certificate; and
(3)seal the certificate with the seal of office.
(c)The failure of a notary public to attach an official seal to a certificate of an acknowledgement or proof of a written instrument made outside this state but inside the United States or its territories renders the acknowledgement or proof invalid only if the jurisdiction in which the certificate is made requires the notary public to attach the seal.
(d)The application of an embossed seal is not required on an electronically transmitted certificate of an acknowledgement.
End

Plain-English Summary

The core mechanics, in two steps for the signer and three for the officer.

To acknowledge a written instrument for recording, the grantor or person who executed it must appear before an officer and must state that he executed the instrument for the purposes and consideration expressed in it.

Both elements matter, and the second is often misunderstood. An acknowledgment is not a witnessed signature. The signer appears and states that they executed the instrument — which is why an acknowledgment can be taken after the document was signed, and why the officer need not watch the pen move.

"For the purposes and consideration expressed in it" is part of what is stated. The signer confirms not only the act but that it was done for the stated purpose.

The officer shall then make a certificate of the acknowledgment, sign it, and seal it with the seal of office.

Subsection (c) softens the seal rule for out-of-state acknowledgments. A notary’s failure to attach a seal to a certificate made outside Texas but inside the United States or its territories renders it invalid only if that jurisdiction requires the seal.

That is a sensible deference. Some states do not issue notarial seals, and a Texas requirement would invalidate acknowledgments perfectly good where taken.

Subsection (d) addresses electronic practice: an embossed seal is not required on an electronically transmitted certificate.

An embossed seal is a physical impression in paper, which does not survive transmission — so requiring one would have blocked electronic acknowledgment outright.

Frequently Asked Questions

What does acknowledging a document involve?

Appearing before an officer and stating that you executed the instrument for the purposes and consideration expressed in it.

Must the officer watch you sign?

No. An acknowledgment is a statement that you executed it, so it can be taken after signing.

Is a seal always required?

For an out-of-state certificate, only if that jurisdiction requires one. An embossed seal is not required on an electronically transmitted certificate.

Amendment History

  • Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 603, Sec. 1, eff. June 14, 1995; Acts 2001, 77th Leg., ch. 95, Sec. 1, eff. May 11, 2001.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source