Fillable Form 2304 2304 Form 2304 (Texas Secretary of State)

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Form 2304 2304 Form 2304 (Texas Secretary of State)

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Form 2304—General Information
(Notary Public Complaint)
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 87.23 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. This
information can be found on the Secretary of State website.
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 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.
Delivery Instructions: The form and supporting documentation may be mailed to the Notary
Public Unit, P.O. Box 13375, Austin, Texas 78711-3375 or delivered to the James Earl Rudder
Office Building, 1019 Brazos, Austin, Texas 78701.
Questions concerning the complaint may be directed to the Notary Public Unit at (512) 475-2993.
Revised 10/2016
Form 2304
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This space reserved for office use
NOTARY PUBLIC COMPLAINT
Form #2304 Rev. 10/2016
Submit to:
SECRETARY OF STATE
Notary Public Unit
P O Box 13375
Austin, TX 78711-3375
512-475-2993
512-463-5255 – Fax
notary@sos.texas.gov
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 City State Zip
Email Address:
Witness Information
Name: 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
2
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 must have been personally harmed by the actions of a notary and need to present factual
evidence, within 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 and 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.
You must be personally harmed by the actions of the notary public. Please state how you have
been harmed by these actions.
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 circle
the specific allegation(s) brought against the commissioned notary public and complete page 4.
A. I have personal knowledge that the notary executed a notarial certificate that included a false
statement; I did not appear before the notary and my signature was forged.
B. I was overcharged for a notarial act.
C. I requested copies of a notary’s record book directly from the notary. No response or an
unsatisfactory response (Example: It was lost/stolen, etc.) has been received.
D. The notary is advertising as a “notario” or “notario publico”. (Please attach documentation)
E. The notary public failed to complete a notarial certificate.
F. The notary notarized their own signature.
Please continue to page 4
Form 2304
3
Form 2304
4
Allegations
What are the facts upon which the allegation(s) is based? (If your allegation was not listed on the
previous page, please list it here.) Please note that this Office does not consider handwriting analysis as
evidence for the complaint filed.
(seal)
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 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).
All evidence you possess to prove your allegations.
Verification
I declare under penalty of perjury that the foregoing is true and correct.
Date:
Signature of Complainant
Printed or typed name of Complainant
State of )
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.
Notary Public Signature
Printed Name
Form 2304
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Form 2304 2304 Form 2304 (Texas Secretary of State)

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Completed 16 July 2020

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