Form 2304 – Notary Public Complaint (General Information)

Form 2304 – Notary Public Complaint

(General Information)

The attached form is designed to meet minimal statutory filing requirements pursuant to the relevant code

provisions. This form and the information provided are not substitutes for the advice and services of an

attorney.

Commentary

Section 87.32 of Title 1 of the Texas Administrative Code requires the completion of this form to file a

complaint against a Texas notary public. The complaint form must be typewritten or legibly printed. This

office will not open a complaint file relating to the allegations until the complaint form is properly completed

and returned to this office. The complaint should be in English or accompanied by a sworn translation in

English.

A document on file with the Secretary of State is a public record subject to public access and disclosure.

When providing address information, use a business or post office box address rather than a residence address

if privacy concerns are an issue.

Instructions for Form

 Notary Public Information: Include as much of the requested information as you know.

 Complainant Information: Provide contact information for the person alleging the misconduct.

 Witness Information: List the names and addresses of any witnesses who have personal knowledge

of the alleged misconduct. Use an additional sheet if necessary.

 Allegations: Please select the specific allegation that best describes the nature of your complaint.

You may select more than one allegation. Provide relevant information relating to each allegation.

 Supporting Documentation: The complaint form must include copies of all documents that relate

to the allegations made in the complaint.

 Execution: Sign and date the last page of the complaint form before a notary public or other officer

authorized to perform an oath.

 Delivery Instructions: This form and supporting documentation may be emailed to the Notary

Complaints Unit at [email protected]. This form and supporting documentation

may be mailed to the Notary Complaints Unit, P.O. Box 13375, Austin, Texas 78711-3375 or

delivered to the James Earl Rudder Office Building, 1019 Brazos St., Austin, Texas 78701 as well.

Please submit your complaint using only of these methods.

Questions concerning the complaint may be directed to the Notary Complaints Unit at (512) 475-2993.

Revised 09/2023

Form 2304

Form #2304 Rev. 09/23 This space reserved for office use

Submit to:

SECRETARY OF STATE

Notary Complaints Unit

P O Box 13375

Austin, TX

78711-3375

Phone: (512) 475-2993

FORM 2304 - NOTARY

PUBLIC COMPLAINT

Fax: (512) 463-5255

[email protected]

Notary Public Information

Name: Phone No.:

Address:

Street City State Zip

Employer: Phone No.:

Business Address:

Street City State Zip

Date Notary’s Commission Expires (as shown on document(s)):

Date(s) of alleged improper acts:

Complainant Information

Name: Phone No.:

Address:

Street

Email Address:

City State Zip

Name:

Witness Information

Phone No.:

Address:

Street City State Zip

Name: Phone No.:

Address:

Street City State Zip

Name: Phone No.:

Address:

Street City State Zip

USE AN ADDITIONAL SHEET IF NECESSARY

Form 2304

Important Notice Regarding the Complaint Process

The Office of the Secretary of State may take disciplinary action against a notary public in cases where

good cause exists. The disciplinary action taken is within the discretion of the Office and can range

from an informal reprimand to, at most, revocation of the notary’s commission. This Office cannot

determine the validity of the notarized document or obtain restitution for losses that may have been

caused by a notary’s action. This Office cannot assist in filing a claim against the notary’s bond and

does not have the power to prosecute a notary for criminal violations associated with the notary’s

official duties.

This Office does not represent you as the complainant or the notary in the complaint process.

Complainants need to present factual evidence, within the complainant’s personal knowledge, that the

notary engaged in conduct that violates the laws and rules governing the conduct of Texas notaries

public. This Office will not open a complaint based on allegations of widespread misconduct by an

entire company, or unsupported allegations regarding the geographic location of the notaries or signers.

This Office does not have jurisdiction and cannot take action against a person who is not a

commissioned notary public or a notary who is not currently commissioned.

Your complaint must allege a violation of the Texas Government Code §406, Civil Practice and Remedies

Code §121, and/or Texas Administrative Code Title 1 Chapter 87. Below, please check the specific

allegation(s) brought against the commissioned notary public and complete page 4. If additional allegations

have been violated by the notary but are not listed below, please include those allegations on page 4 or an

additional page.

I have personal knowledge that the notary executed a notarial certificate that included a false

statement.

I did not appear before the notary for the notarization.

I was overcharged for a notarial act.

I did not personally sign the notarized document.

I requested copies of a notary’s record book directly from the notary and my request was NOT

responded to.

I requested copies of a notary record book, but they responded they no longer had their record

book. (Example: It was lost/stolen, etc.)

The notary is advertising as a “notario” or “notario publico”. (Please attach documentation)

The notary public failed to complete a notarial certificate.

The notary notarized their own signature.

Please continue to page 4

Form 2304

Allegations

What are the facts upon which the allegation(s) is based? Please note that this Office does not consider

handwriting analysis as evidence for the complaint filed.

If additional space is required, please attach separate sheets as needed.

Form 2304

Supporting Documentation

Please mark each supporting document attached to this complaint that should be reviewed by the Office

of the Secretary of State. (Please do not submit confidential information such as driver license numbers,

etc.)

Copy of letters and return receipt mail sent to the notary public.

Copy of the notarized document in question.

Copy of the notary log if obtained from notary public.

Copy of receipt for overcharged notarization.

Proof of a notary public advertising as “notario” or “notario publico”.

Proof of unauthorized practice of law (UPL).

Other (Please list and specify in the space below).

Verification

I declare under penalty of perjury that the foregoing is true and correct.

Date:

Signature of Complainant

State of )

Printed or typed name of Complainant

County of )

, personally appeared before me, and being first duly sworn declared that he/she

signed this complaint in the capacity designated, if any, and further states that he/she has read the above

complaint and the statements therein contained are true.

(seal)

Notary Public Signature

Printed Name

Form 2304

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