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Education
Presented by the Pennsylvania Association of Notaries
© February 2020
The Notary Education Class Content
Seminar logistics
R Course materials
R Cell phones
R Restrooms
R Refreshments
R Room temperature
R Questions
Notary Notes, filled with valuable reference material and educational articles.
Your membership includes a subscription to our bimonthly electronic newsletter,
Seminar outline
1 What is a notary
2 Appointment process
3 Identifying your customers
4 Notary equipment
5 Notary acts
Supplemental Information
- Glossary of Notarial Terms – page 55
- The Revised Uniform Law on Notarial Acts – page 63
To those attending for CLE credit: Please complete your Continuing Education form and survey
PAN is obligated to adhere strictly to the requirements of the CLE program.
and submit them to the instructor at the end of class. If you forget to return the form, we cannot
accept it at a later date. The regulations require that all forms be collected at the end of the class.
Notary
Education
Notary Education 3
Section 1: What is a Notary?
What is a Notary?
A notary is an appointed public official who:
• Acts as an impartial witness
• Helps defend against fraud
• Determines the competency and willingness of his or her customers
- Note on competency and willingness: If your customer appears intoxicated,
unaware of the surroundings, frightened or under pressure, talk casually with
the customer to determine if he or she understands the documents presented
for notarizing.
A notary is not an attorney:
an attorney licensed by the state to practice law. You cannot advertise as a notario pub-
You, as a notary, may not give legal advice and draft legal documents unless you are
You have the right to refuse service at your discretion and if you believe your cus-
tomer:
• is not competent
• doesn’t understand
• seems reluctant to sign
• doesn’t look like the photo on the ID presented
• signature doesn’t conform to the signature on the presented ID
A notary may NOT refuse service based on discrimination, i.e., race, color, religion,
national origin, sex or gender (including pregnancy), sexual orientation, gender
identity or expression, disability or marital status.
A notary may notarize in any county in Pennsylvania, but not outside of Pennsylvania.
Notary
Education
Notary Education 7
Section 2: Appointment Process
Appointment Process
Eligibility Requirements
If you meet the following eligibility requirements as stated in the Revised Uniform
Law on Notarial Acts, you may apply for a commission in Pennsylvania:
• Be at least 18 years of age
• Be a citizen or permanent legal resident of the United States
• Be a resident of or have a place of employment in Pennsylvania
- The Department of State may request that an employer provide written evi-
dence that a notary commission is required for an employee who does not reside
in Pennsylvania.
- Your employer must have a physical location in Pennsylvania, not a mailing ad-
dress that serves only to establish a business presence in the state.
• Be able to read and write English
• Not be disqualified for a notary commission because of violations/sanctions
• Complete the required notary education
- First time notaries need to take basic education
- Renewing notaries need to take continuing education
• Pass the required examination if you do not currently hold a Pennsylvania notary
commission
• Have the honesty, integrity, competence and reliability to act as a notary public
Restrictions
You may not be eligible for a notary commission if you have been convicted of or ac-
cepted Accelerated Rehabilitative Disposition (ARD) for any felony or misdemeanor
offense involving fraud, dishonesty or deceit. Convictions within five years will be
closely scrutinized. You may not be eligible for a notary commission if you ever had a
judgment levied against you or admitted liability in a civil proceeding.
Remember: Your signature in Part II of the application must match the full name
printed in Part I of the application.
• Enter your birth date
• Enter your Social Security number (SSN)
• Enter your E-mail address
Notary Application
Y
Division of Commissions, Legislation and Notaries (Revised 10/14/2016 and
210 North Office Building effective 10/26/2017)
Harrisburg, PA 17120
P
Tel: (717) 787-5280 Web: dos.pa.gov/notaries
PRINT OR TYPE CLEARLY. FILL OUT APPLICATION COMPLETELY. Do not leave any blanks.
Use “none” or “N/A” if applicable. An incomplete application will delay your appointment.
O
FEE: $42 – make check or money order payable to: COMMONWEALTH OF PENNSYLVANIA.
CHECK ONE: New Appointment
C
Reappointment (have been a notary in Pennsylvania before)
If you have ever been a notary in Pennsylvania before or used a different name:
Notary commission expiration date Full name on previous commission
Notary commission ID number Other name used on previous commission or other/former name(s) you have used
PART I: Applicant Information (NOTE: Employer/Business contact information will be public record)
First Name Middle Name or Initial (if used) Last Name Suffix (if applicable)
Name of Employer/Business where Notary Commission will be used (Do not leave blank. If not applicable, please indicate.)
Employer/Business Street Address (P.O. Box alone is insufficient) City State Zip Code
Home Street Address (P.O. Box alone is insufficient) City State Zip Code
Part II: Education; Criminal, Disciplinary and Legal History (Check or mark appropriate boxes) YES (√) NO (√)
I am a notary applicant for initial appointment or reappointment and I have completed a three-hour notary public education course, pre-
approved by the Department, within the six-month period immediately preceding this application. I have attached a copy of my course
completion certificate and retained my original. Lack of proof of education will result in application rejection.
Have you ever been convicted or accepted Accelerated Rehabilitative Disposition in resolution of a felony or misdemeanor preceding
the date of this application? Conviction includes a finding of guilt by a court or jury, a plea of guilty or nolo contendere or a finding of not
guilty due to insanity or of guilty but mentally ill. If yes, attach full details (name of court, plea/conviction/ARD, sentence and length of
probation) and appropriate supporting documents with a signed and dated personal explanation.
Have you ever resigned a notary commission or had a notary commission suspended, revoked or otherwise disciplined by the
Commonwealth of Pennsylvania or any other state/jurisdiction preceding the date of this application? If yes, attach full details and
appropriate supporting documents with a signed and dated personal explanation.
Have you ever had any other professional or occupational license suspended, revoked or otherwise disciplined?
If yes, attach full details and appropriate supporting documents with a signed and dated personal explanation.
Have you ever had a judgment levied against you or admitted liability in a legal proceeding for your actions as a notary public?
If yes, attach full details and appropriate supporting documents with a signed and dated personal explanation.
Note that disclosing your social security number on this application is mandatory for the Department of State to comply with the requirements of the federal Social Security Act pertaining to
child support enforcement, as implemented in the Commonwealth of Pennsylvania at 23 Pa. C.S. § 4304.1(a). To enforce domestic child support orders, the Commonwealth’s licensing
boards must provide to the Department of Human Services (DHS) information prescribed by DHS about the licensee, including the social security number.
APPLICANT AFFIDAVIT: I am at least 18 years of age; a citizen or permanent legal resident of the United States; a resident of or have a place of employment in
Pennsylvania; able to read and write English. I meet all the qualifications for appointment and commission as prescribed by law and have the honesty, integrity,
competence and reliability to act as a notary public. I shall furnish additional evidence of these statements, if requested, which shall be satisfactory to the Department of
State. To the best of my knowledge and belief, this application contains no misrepresentations or falsifications, omission or concealments of material fact and the
information given by me is true and complete. I understand that any false statement made is subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification
to authorities) and may result in the suspension, revocation, or denial of my notary commission.
Your office of record is an address (home or place of work) that the Department of
State can use to mail you information and know you will receive it.
• Enter the name and address of your employer/business if you want to use your
work address as your office of record.
• Enter your home address (required).
- If you are a Pennsylvania resident, you may use your home address as your of-
fice of record.
Pennsylvania residents may use their business address or their home address for their
office of record. Out-of-state residents must use their Pennsylvania business address.
Part II: Education, criminal history, other notary commission history – Place a check-
mark in the boxes under “YES” or “NO.”
• Regarding your notary education, check “YES” when you have completed the
mandatory education. Attach a copy of your education certificate.
• Regarding your criminal history, if “YES,” give specific details on a separate sheet
of paper, including the name of the court, the plea or conviction, the sentence,
the length of probation and supporting documents. You must disclose all con-
victions regardless of the year that has not been expunged or sealed when they
occurred.
• If you have ever resigned a notary commission or had a notary commission sus-
pended, revoked or otherwise been disciplined by the Commonwealth or any
other state/jurisdiction, you must attach the full details and appropriate support-
ing documents with a signed and dated personal explanation.
• Regarding any other professional license or occupational license that was subject
to disciplinary actions, check “YES” or “NO,” and if applicable, provide specific
details on a separate sheet of paper.
• Check “YES” or “NO” if you ever had a judgment levied against you or admitted
liability in a civil proceeding, provide specific details on a separate sheet of paper.
Application fee
PAN members send their notary applications to PAN so we may review your applica-
tion line-by-line for errors or omissions. Your application fee is included in your Be-
come a Notary Appointment Package.
Non-members send their application and check or money order made payable to:
“Commonwealth of Pennsylvania” for $42 and a copy of their education certificate to:
Commonwealth of Pennsylvania, Department of State, Bureau of Commissions, Elec-
tions and Legislation, Division of Commissions, Legislation and Notaries, 210 North
Office Building, Harrisburg, PA 17120. Applications may also be submitted to the
Department of State online at www.notaries.pa.gov.
office of Record
PART I: Applicant Information (NOTE: Employer/Business contact information will be public record)
First Name Middle Name or Initial (if used) Last Name Suffix (if applicable)
Mary A. Smith
Date of Birth (mm/dd/yyyy) Social Security Number (xxx-xx-xxxx) Email Address
9/14/1953 123-45-6789 masmith@email.com
Name of Employer/Business where Notary Commission will be used (Do not leave blank. If not applicable, please indicate.)
Jefferson County School District
Employer/Business Street Address (P.O. Box alone is insufficient) City State Zip Code
100 School Way Brockway PA 15824
Employer/Business Telephone (include area code) County
814-555-1245 Jefferson
Home Street Address (P.O. Box alone is insufficient) City State Zip Code
123 Main Street Saint Marys PA 19464
Home Telephone (include area code) County
O 814-555-5555 Elk
F
F
I Business address
C
E
O PART I: Applicant Information (NOTE: Employer/Business contact information will be public record)
F First Name Middle Name or Initial (if used) Last Name Suffix (if applicable)
Home
Mary address A. Smith
R Date of Birth (mm/dd/yyyy) Social Security Number (xxx-xx-xxxx) Email Address
E 9/14/1953 123-45-6789 masmith@email.com
C Name of Employer/Business where Notary Commission will be used (Do not leave blank. If not applicable, please indicate.)
O N/A
R
Employer/Business Street Address (P.O. Box alone is insufficient) City State Zip Code
D
N/A N/A N/A N/A
Employer/Business Telephone (include area code) County
N/A N/A N/A
Home Street Address (P.O. Box alone is insufficient) City State Zip Code
123 Main Street Saint Marys PA 19464
Home Telephone (include area code) County
814-555-5555 Elk
Notary Examination
First Time Notaries
Once your application is approved by the Department of State, you will receive an
E-mail instructing you to take the notary examination.
Scoring for the notary exam is computed as a scaled score, which is different from a
traditional exam score. A passing scaled score is 75.
Renewing Notaries
You do not need to take the notary education examination unless you have a lapse be-
tween commissions. For example, if your commission expires on 9/5/20xx and the
State receives your application after 9/5/20XX, the law/RULONA requires you to
take the examination.
Additionally, if you do not take the oath of office, register your bond and signature
within the 45 days of receiving your Notice to Appointee letter, you will be required
to take the examination if your prior commission has expired.
Notary Bond
The bond form needs to be completed by a bonding (surety) company. Do not fill out
or write anything on the bond form. Do not sign the bond form. A bonding company
needs to fill out and sign your bond. If you are a member of PAN, we are your bonding
company and we will mail your bond to you.
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You have been appointed a NOTARY PUBLIC for the Commonwealth of Pennsylvania for a term of four years
from 0$< , 20;; to 0$< , 20;;.
Your Commission has been mailed to the Recorder of Deeds of (/. County where your office address of record
is located. A notary is required to obtain a notary bond and you must take steps to obtain one without delay.
A surety bond is a contract wherein the surety has made a promissory commitment with the notary for the notary's
faithful performance of notarial duties and the surety is primarily liable for the notary's conduct. If the bonding
company has to make a payment on a claim against the bond, the notary must pay the bonding company back.
The bond helps to protect the public for claims up to $10,000.
You must obtain a notary bond from a professional surety bond corporation or insurance company using the
enclosed bond form. The bond must be executed by an insurance company authorized to do business in this
Commonwealth; cover acts performed during the term of the notary public commission; and be in the form prescribed
by the Department.
You must then return your executed bond in person, to the Recorder of Deeds of (/. County to take your oath of
office and have the bond, oath and commission recorded.
These steps must be completed on or before DECEMBER 10, 2018 or your commission will be null and void. If this
date falls on a Saturday, Sunday or any legal holiday, it is extended to the next business day.
If you have any questions regarding this appointment, you may contact this office at the telephone number listed
above.
Julio C. Peña
Manager, Division of Commissions, Legislation and Notaries
NOTICE: Effective with Notary Public Commissions recorded on or after January 1, 1997, a $10.00 Writ Tax will be
collected by the Recorder of Deeds Office. The Writ Tax will be in addition to the usual County Recording Fee charged
by the Recorder of Deeds. Please contact your COUNTY RECORDER OF DEEDS OFFICE should you have any
questions regarding the county recording fee.
Please visit the Department of State website at https://www.notaries.pa.gov to view the Revised Uniform Law on
Notarial Acts, as well as other reference materials for Pennsylvania notaries public.
NOTE: You are not a notary until you have recorded your bond, taken the oath of
office and registered your signature. You must appear within 45 days of being ap-
pointed or your commission will be null and void. This is known as “failed to be
sworn.” You will then need to start the notary application process all over again.
Remember:
In Philadelphia, the Recorder of Deeds is called
the Commissioner of Records.
In Allegheny County, the Recorder of Deeds is called the Manager of the
Department of Real Estate. At this office, you will record your bond, take
the oath of office and register your signature.
Notary
Education
Notary Education 19
Section 3: Identifying your Customer
Personal Knowledge
Do you know your customer as a friend, co-worker, neighbor or relative with whom
you’ve had shared experiences? Is this customer personally known to you because
you have known them over a period of time and in a variety of situations? Your per-
sonal knowledge of your customer serves as proper identification because you are ab-
solutely sure of who your customer is.
If you have any doubts at all about your customer’s identity, you should ask for sat-
isfactory evidence.
Satisfactory Evidence
There are two types of satisfactory evidence defined in the Revised Uniform Law on
Notarial Acts – acceptable identification and credible witness.
Acceptable identification is a form of government identification that is current and
contains a photograph or signature and is satisfactory to you, the notary.
Credible Witness
A credible witness must be personally known to you, must personally know your cus-
tomer and must appear before you with your customer present.
A credible witness must make a verification on oath or affirmation that each of the fol-
lowing is true:
• The individual appearing before the notary as the signer of the document is the
person named in the document.
• The credible witness personally knows the individual appearing before the no-
tary public through dealings sufficient to provide the credible witness with rea-
sonable certainty that the individual has the identity claimed.
Record the verification on oath or affirmation as a complete entry in your journal.
PAN recommends that you record the name of the cred-
ible witness who identified your customer in the
Identification Details column of your journal.
Credible
Witness
Notary
Customer
Notary
Education
Notary Education 25
Section 4: Notary Equipment
The stamp impression, including a single-line border, must be no larger than 3 ½ inches
wide by 1 inch high. This is the maximum size permitted by the Revised Uniform Law
on Notarial Acts.
Other printing may appear outside of the border.
The Revised Uniform Law on Notarial Acts states that your official stamp is your “ex-
clusive property,” and when not in use must be “kept in a secure location and acces-
sible only to the notary.” A secure location includes in the notary’s sole possession or
in a locked location in which only the notary has access.
You must replace your official stamp every four years when you renew your commis-
sion and when your office of record changes to another county. You must also replace
your official stamp if you have a name change (through marriage, divorce or other
court order) unless you continue to use your old name until your current commission
expires. You should destroy your old stamp. PAN recommends slicing the rubber face
with scissors or a razor blade or scraping the rubber face off and cutting it into pieces.
When you notarize, always place your official stamp as close as possible to your sig-
nature. The impression should not overlap your signature or any other part of the doc-
ument.
Your stamp impression must also be legible. If not, make another impression in a dif-
ferent place.
___________________________________________
Notary Public
Embossing Seal
If you choose to use an embossing seal, it should contain your name as it appears on
your commission, the words “Commonwealth of Pennsylvania,” and the words “No-
tary Public.” An embossing seal may only be used in conjunction with the use of an
official stamp.
Unless you change your name, you may use the same embossing seal for as long as
you are a Pennsylvania notary.
The embossing seal, when used, is not to overlap any signatures, your official stamp
or any text in the document. Do not use another notary’s embossing seal and do not
let another notary use your embossing seal.
Notary Journal
A notary journal is required by the Revised Uniform Law on Notarial Acts. Your jour-
nal must contain a separate and chronological entry for every notary act you perform
– no exceptions.
If your journal is a bound version, it must have numbered pages and entries. The bind-
ing needs to prevent the removal, insertion and substitution of a cover or pages.
If the journal is maintained in an electronic format, it must be tamper-evident (tam-
per-proof).
NOTE: Each placement of the official stamp requires a separate listing in the journal.
Your journal is also a public record. Anyone may inspect it under your supervision or
ask for copies of pages in it. You are the only one who can enter information in it. It is
your exclusive property no matter who paid for it.
It is recommended to have your journal locked away or located in a secure location if
not currently in use.
If your stamp or journal are lost or stolen, you must inform the Department
of State in writing or electronically within 10 days after the date you dis-
cover your stamp or journal are lost or stolen. The notification must include
a statement of whether and how the stamp or journal became lost or stolen;
the date you discovered the stamp or journal missing; and a statement that
you do not possess the stamp or journal and do not know who has it or
where it is located. If you reacquire the stamp or journal, you must file a
statement with the Department of State within 10 days.
5. Customer information – the full name of the customer and the city and state.
6. A statement regarding the identification of the customer based on personal
knowledge, OR
7. A brief description of the method of identification and any ID credential pre-
sented, including date of issue and expiration date, if the identity of the cus-
tomer is based on satisfactory evidence.
Optional journal entries – In addition to the required entries, a journal may contain
the signature of the customer for whom the notary act is performed and any additional
information about a specific transaction that might assist you to recall the transaction,
if necessary. Do not include personal information such as complete driver’s license,
Social Security or account numbers in your journal.
Your journal protects you as a notary. If a notary act you perform is ever called into
question, your journal provides evidence that you performed a specific notary act. It
may also help you remember details of the event if you are called to testify in court.
If you fail to keep a complete and accurate record of every notary act you perform, in
chronological order, and you fail to keep your journal in a secure location to be used
only by you, the notary, then the Secretary may take disciplinary action, such as sus-
pending or revoking your commission.
Complete each notary transaction by filling in your journal before your customer
leaves.
Do not throw away your journals. You must maintain all of your journals as long as
you remain an active notary. Upon your resignation or retirement as a notary, you
must submit all of your journals to the county recorder of deeds office within 30 days.
K Personal Knowledge
29 K Acceptable ID
K Credible Witness
K Personal Knowledge
30 K Acceptable ID
K Credible Witness
Section 4: Notary Equipment
* 1 – Acknowledgment, 2 – Verification on Oath or Affirmation, 3 – Signature Witnessing, 4 – Copy or Deposition Certification, 5 – Oath or Affirmation, 6 – Protest
30 Notary Education
Notary Education 31
Section 4: Notary Equipment
Notary Fees
Notary fees are the fees you are permitted to charge for each type of notary act. These
fees are determined by the Department of State.
You may choose to charge fees or provide your services for free, but you are NOT per-
mitted to charge more than the set fee for a particular notary act.
If you charge notary fees, you are required to display a schedule of your fees where
your customers can easily see them. You can also provide your customers with a
printed list of your fees. If you do not charge fees, you are not required to post them.
You may also charge clerical and administrative fees (for copying, postage, travel and
telephone calls). These fees are listed separately in your journal. Clerical and admin-
istrative fees are not regulated by the Department of State. Do not leave these spaces
blank. If you did not charge notary or clerical and administrative fees, then write the
letters N/C for “no charge,” a zero with a line through it ( 0⁄ ) or something similar, in
your journal.
If you charge notary and/or clerical and administrative fees, you must provide the
customer with an itemized receipt.
Employer-Employee Relationship
The fees collected for notarizations performed shall be the property of the notary un-
less mutually agreed upon by the notary and the employer.
An employer may pay for the education, application or bond and the cost of any
stamps, seals or other supplies required in connection with the notary appointment,
commission or performance of the duties of the notary employee. This agreement may
also include an agreement that the notary employee remit the notary fees collected to
the employer. In addition, the agreement may also dictate that the notary reimburse
the employer for the costs of obtaining a commission if the employee or employer ter-
minate the employment.
Notary
Education
Notary Education 35
Section 5: Notary Acts
Notary Acts
“… contemporaneously with the performance of the notarial act.”
When you perform a notarization, you must complete everything at the same time,
including making an entry in your journal.
The Revised Uniform Law on Notarial Acts refers to notary wording as a Certificate
of Notarial Act.
Commonwealth of Pennsylvania
on February 8, 20XX
County of Elk Signed and sworn to (or affirmed) before me
by Jane Swartz
__________________________________
__________________________________ .
___________________________________________
Notary Public
Notary Acts
1. oath or affirmation
An oath is a public declaration, usually based on an appeal to a higher power, that the
person taking the oath will keep a promise or perform a duty faithfully.
• It involves swearing to a Supreme Being.
• Affirmation is a pledge equivalent to an oath but without any reference to a
Supreme Being.
An oath or affirmation may be verbal or in writing. If in writing, the oath or affirmation
will be signed in your presence.
Oath example:
Do you (name of individual) solemnly swear that the statement you are about to give is
the truth, the whole truth and nothing but the truth, so help you God?
Affirmation example:
Do you (name of individual) affirm that the statement you are about to give is the truth,
the whole truth and nothing but the truth?
Administering an oath or affirmation is a notarial act itself. However, oaths and affir-
mations are also an essential part of another notarial act.
Oath scenario
You are the notary who works for the Jefferson County School District.
Recently, a school board member passed away. You have been asked to swear
in a newly elected school board member, Frank X. Smith.
Frank appears before you at the school board meeting on January 8, 20XX at
6:45 p.m. Frank presents you with a current Pennsylvania driver’s license.
It shows that Frank lives in Anytown, PA. The driver’s license was issued on
May 1, 20XX and expires on May 2, 20XX. You are not charging any fees.
Example of Oath
“Do you, Frank X. Smith, solemnly swear (or affirm) that you will faithfully and
impartially discharge and perform all the duties incumbent upon you as a Jefferson
County school board member under the Constitution and laws of the United States.
(So help you God).”
Example of an Affirmative Response
“Yes, I do.” Or “Yes, I swear.”
Date/Time of Notary Act Type of Document Notary Clerical and/or Customer Name and Addre
Act* Description Fee Administrative Fees (City and State)
Month Day Year Time, AM/PM (Include type or title)
21
22
K Personal Knowledge
K Acceptable ID
K
Pennsylvania Association of Notaries
38 Notary Education
Section 5: Notary Acts
Jane Swartz
Full name of parent / guardian: ____________________________
82 Main Street
Current full time address: _____________________________ Anytown, PA
City: ___________________________
Edward Jones
Primary Owner or Renter of Home: _____________________________________________________
A. Affidavit of Resident
Before the undersigned officer, and being first duly sworn, I depose and state as follows:
1. That I am the parent / court appointed guardian of each child listed above.
2. That each child listed above resides with me full time at the address listed above.
3. That I understand that I must immediately notify Jefferson County Schools if I change residence or
if any child listed above should change residence.
4. That I understand that representatives of Jefferson County Schools may visit my home to verify
residency, and I hereby voluntarily consent to such visits.
5. That I understand that a student enrolled in Jefferson County Schools under falsified information
is illegally enrolled and will be immediately withdrawn from school.
Jane Swartz
________________________________________________ 2/8/20XX
____________________
Signature of the Parent / Guardian Date
Commonwealth of Pennsylvania
Jefferson
County of ___________________
____________________________________
Signature of Notary Public
Date/Time of Notary Act Type of Document Notary Clerical and/or Customer Name and Address
Act* Description Fee Administrative Fees (Cit
Month Day Year Time, AM/PM (Include type or title)
Ne w
01 08 xx 6:45 pm 5 school board 0
/ 0
/ Frank
Anyto
21
member
22
K Personal Knowledge
K
3. Protest
When a negotiable instrument such as a check, money order or a traveler’s check is
presented for payment and payment is denied, the instrument is said to be dishonored.
The holder of the dishonored instrument may then ask a notary to issue a protest.
A protest is also called a certificate of dishonor. It is a notary’s written statement that
a negotiable instrument was neither paid nor accepted. The customer does not sign
the protest; however, the customer is responsible for the truth of any information on
documents supporting the protest, such as a returned, unpaid check.
When protests are performed 2 3 at the request of a
by notaries, it is typically 4 bank or
other financial institution.
Notary’s responsibilities for a protest
1. Identify the negotiable instrument
2. Certify that the instrument presented to the financial institution was made or if
not made, the reason why it was not made
3. State that the instrument has been dishonored by non-acceptance or non-pay-
ment
- The protest may also certify that notice of dishonor has been given to some or
4 5 6
all parties.
Pennsylvania Association of Notaries
Notary Education 41
Section 5: Notary Acts
________________________________________________
History Lesson _.
(Reason for field trip)
I also state that I am not aware of any health reasons, which would prohibit or limit my child's participation in this field
trip, activity or event.
___________________________________________
Signature of parent/guardian
Commonwealth of Pennsylvania
County of __________________
___________________________________________
Notary Public
Date/Time of Notary Act Type of Document Notary Clerical and/or Customer Name and Addre
Act* Description Fee Administrative Fees (Cit
Month Day Year Time, AM/PM (Include type or title)
Ne w
01 08 xx 6:45 pm 5 school board 0
/ 0
/ Frank
Anyto
21
member
school
02 08 xx 12:30 pm 2 enrollment $5 0
/ Jane
Anyto
22
form
23
K Personal Knowledge
K
Before making a certified copy, examine the record (document) for alteration or tam-
pering and to make sure that the original is not already a copy. If there are signs of
tampering or the record (document) presented is already a copy, you should refuse to
make the certified copy.
Records for which a notary may issue a certified copy include:
• Public records
• Passports
• Drivers’ licenses
• Transcripts
• Diplomas
• Contracts
• Leases
• Bills of sale
• Medical records, consents or waivers
• Powers of attorney
Notaries are NOT allowed to make certified copies of:
• Birth certificates
• Death certificates
• Naturalization certificates
• Copyrighted material
• Documents that are marked “Do Not Copy” or “Illegal to Copy”
©
A Copyright …
When a document is recorded, the U.S. Copyright Office maintains a true and accurate
copy of it that can be accepted by a court of law as authentic evidence of the original.
Frank Moss
Frank Moss
State of Pennsylvania
County of Jefferson
I certify that this is a true and correct copy of U.S. Passport
# 431276122, dated 9/05/2014, in the possession of Mary
Moss on 05/10/20XX.
________________________
Notary Public
Date/Time of Notary Act Type of Document Notary Clerical and/or Customer Name and Addre
Act* Description Fee Administrative Fees (Cit
Month Day Year Time, AM/PM (Include type or title)
Ne w
01 08 xx 6:45 pm 5 school board 0
/ 0
/ Frank
Anyto
21
member
school
02 08 xx 12:30 pm 2 enrollment $5 0
/ Jane
Anyto
22
form
Permission slip Danie
03 03 xx 7:15 pm 3 to Gettysburg, 0
/ 0
/ Anyto
23
PA
24
K Personal Knowledge
K Acceptable ID
K Credible Witness
2 Personal Knowledge
K 3 4
K
6. Acknowledgment
Acknowledgments are typically required on documents that are to be recorded or
placed in the public record, for example, mortgages, deeds, wills, and powers of at-
torney.
It is a declaration made in the notary’s presence by an individual who signed a docu-
ment. The individual appears in person to declare that he or she did sign or is about
to sign the document and knew what he or she was doing at the time.
A written form of acknowledgment, completed by you, the notary, confirms the indi-
vidual’s identity and intention to sign the document.
Individual acknowledgment example:
This record was acknowledged before me on (date) by (name(s) of individual(s)).
Acknowledgment scenario
Jane Swartz shows up at your office at the Jefferson County School
District again. Since Jane knows you are a notary, she has asked if you
could notarize the mortgage agreement because she is in the process of
purchasing a new home.
The date is October 3, 20XX at 3:30 p.m. You ask Jane to see identification
and Jane hands you her new Pennsylvania driver’s license. She lives in
Anytown, PA. It was issued to Jane on March 3, 20XX and expires on
March 4, 20XX. You decide to charge the maximum notary fee along with
a clerical fee of $10.
Example of an Acknowledgment
***
No Oral Changes. This Mortgage can only be changed by an agreement in writing signed by both the
Borrower(s) and the Lender.
Each Person Liable. This Mortgage is legally binding upon each Borrower and all who succeed to
their responsibilities (such as heirs and executors). The Lender may enforce any of the provisions of
the Note and this Mortgage against any one or more of the Borrowers who sign this Mortgage.
Gender. If more than one person executes the within instrument, then words used in the singular shall
be considered to include the plural, and wherever herein any particular gender is used, it shall be in-
clusive of the masculine, feminine and neuter gender, where the text so requires.
Jane Swartz
________________________________________
Commonwealth of Pennsylvania
County of ________________________
________________________________________
Notary Public
Date/Time of Notary Act Type of Document Notary Clerical and/or Customer Name and Addre
Act* Description Fee Administrative Fees (Cit
Month Day Year Time, AM/PM (Include type or title)
Ne w
01 08 xx 6:45 pm 5 school board 0
/ 0
/ Frank
Anyto
21
member
school
02 08 xx 12:30 pm 2 enrollment $5 0
/ Jane
Anyto
22
form
Permission slip Danie
03 03 xx 7:15 pm 3 to Gettysburg, 0
/ 0
/ Anyto
23
PA
Husband’s
24 05 10 xx 4:00 pm 4 (Frank) $5 0
/ Mary
passport
25
K Personal Knowledge
0
/ Mary Moss 2 Acceptable ID
K N /A 3 4
K Credible Witness
K Personal Knowledge
K Acceptable ID
K Credible Witness
K Personal Knowledge
NOTE: If there is no notary wording, PAN recommends not notarizing the document.
K
Notary
Education
Notary Education 55
Glossary of Notarial Terms
Affiant
An affiant is the person who makes a statement, swears to or affirms it and subscribes (signs) it.
Affirm
To affirm is to make a solemn, formal declaration. An example would be the taking of an oath,
where the maker objects to using the word “swear.” The word “affirm” would be substituted in
the language of the oath: “I hereby affirm that the statements above are true and correct.” (See
also Oath, Swear)
Appointment
Is the designation of a qualified person by the Secretary of the Commonwealth to discharge the
duties of the office of notary public.
Attest
This word commonly appears on documents that require the notary’s services. It means to bear
witness and to signify by subscription (signing) of his or her name that the signer has witnessed
the execution of the particular instrument by another. For example, the president of a corporation
signs a document that is then attested by the corporate secretary.
Bond
Notaries in Pennsylvania must be bonded for $10,000 for each four-year commission term. The
notary’s bond is a guarantee by a bonding company of the notary’s faithful performance of duty.
If the notary causes financial loss to the public, the customer can make a claim against the bonding
company for as much as $10,000. The notary, in turn, is liable to the bonding company for the full
amount of any claim. The blank bond form is supplied to the notary by the Secretary of the Com-
monwealth and must be executed by the surety before being appointed.
Certified Copy
A notary may issue a certified copy of a record from the notarial journal or a certified copy of a
document. To certify a copy, the notary would make a copy, verify that it is an exact replica of the
original and attach a certificate to that effect.
Commission
The notary’s commission is a document from the Secretary of the Commonwealth that empowers
the notary to act in an official capacity.
Department of State
The Pennsylvania Department of State handles appointments, investigations, and disciplinary ac-
tions concerning notaries. Within the department, the Division of Commissions, Legislation and
Notaries is charged with doing the work.
Direct Interest
Notaries in Pennsylvania are barred from placing signature and seal on any document in which
they or their spouse have direct interest. If a notary will benefit from a transaction, he or she has
a direct interest. If a notary is named in a will to receive jewelry upon the maker’s death, for exam-
ple, the notary should not notarize the will.
Exceptions to Direct Interest are being a shareholder in a publicly traded company that is a party
to the notarized transaction; being an officer, director or employee of a company that is a party to
the notarized transaction, unless the director, officer or employee personally benefits from the
transaction; or, receiving a fee that is not contingent upon the completion of the notarized trans-
action.
Disqualification
To take away one’s ability to act. A Pennsylvania notary must perform all notarial acts within the
state. A Pennsylvania notary can be disqualified if any of the stipulations of appointment is no
longer being met, such as the residency/employment requirement.
Electronic Document
An electronic document has the same properties as a paper version, but is created and maintained
electronically, typically via a computer program or Web site.
Embossing Seal
A device that allows a notary to create a raised impression on documents. The embossing seal
is no longer required on notarized documents. If a notary chooses to use an embossing seal, the
seal impression should appear near the notary’s signature and should not overlap the notary’s
signature or the official stamp impression.
Execute
To execute a document or a notarial transaction is to complete it, by signing it.
Expiration Date
A Pennsylvania notary’s commission expires exactly four years from the date of appointment. The
commission expiration date must appear on the notary’s official stamp on all notarial acts.
Instrument
An instrument is a written document. A deed is an instrument to which a notary’s acknowledgment
may be attached. A negotiable instrument is an order in writing that entitles the person to whom
the instrument is written to collect a sum of money. (See also Negotiable Instrument)
Journal
The notary’s record book. The Revised Uniform Law on Notarial Acts requires notaries to record
each notarial act in chronological order in the journal. Certified copies from the journal have been
used as evidence in court. Upon your death, resignation or disqualification, your journal must be
surrendered to the recorder of deeds of the county of your office of record within 30 days.
Negotiable Instrument
A negotiable instrument is a document that serves as an unconditional promise or order to pay a
sum of money. It must contain its maker’s signature and the payee’s name, and it must be payable
on demand or at a definite time. The most common example of a negotiable instrument is a check.
oath
A notary act. An oath is a voluntary, oral declaration that the maker will keep a promise, or that a
statement made is true. It may be based on an appeal to a higher authority. For example, “I swear
to tell the truth, the whole truth and nothing but the truth, so help me God.” A verification on oath
or affirmation requires the notary to administer an oath. However, the oath may be an individual
notary act in itself. (See also Affirm, Swear)
office of Record
The office of record is an address (home or place of work) that the Department of State can use
to mail you information (on your appointment/reappointment) and know you will receive it.
official Stamp
Notaries use a rubber stamp to furnish the information which is required by law on each notarial
act. The official stamp should, according to law, “… be stamped or affixed to the notarial certificate
near the notary’s signature or attached to or logically associated with an electronic record con-
taining the notary’s signature. A notary public shall not place an imprint of the notary’s official
stamp over any signature in a record to be notarized or over any writing in a notarial certificate.”
Pecuniary Interest
A notary is said to have pecuniary (or financial) interest in a transaction from which he or she will
profit. The Revised Uniform Law on Notarial Acts bars a notary from placing a signature and official
stamp on any document in which he or she has a pecuniary interest.
Prothonotary
In Pennsylvania, the prothonotary is the officer who acts as the principal clerk of some courts.
Each county has a prothonotary, or an appointed official who performs the functions of a pro-
thonotary. Every notary must register his or her signature with the prothonotary in the county office.
The prothonotary can provide certification of a notary’s appointment, when requested.
Counties in which notaries do not go to the Prothonotary’s office to register their signatures, but
go to the Recorder’s or an equivalent office: Allegheny, Cameron, Forest, Lancaster and West-
moreland.
Reappointment
After a notary is appointed to the first four-year term, each subsequent authorization to another
term is referred to as a reappointment.
Recorder of Deeds
A county official who enters deeds and other documents in the public records. The recorder of
deeds records the commission, bond and oath of office of notaries. The recorder of deeds in
Philadelphia is called the “Commissioner of Records.”
Resignation
A notary may resign his or her commission for any reason. A letter of resignation should be mailed
to the Secretary of the Commonwealth.
Revocation
The withdrawal or recall of a power. The Revised Uniform Law on Notarial Acts gives the Secretary
of the Commonwealth the right to revoke, or take away, a notary’s commission for cause. The no-
tary has the right to appeal the action.
Signature
Generally a “wet” signature, not a facsimile produced by a signature stamp or any other device.
Each notarial act must be signed by the notary, using the name that appears on his or her com-
mission. (See also Digital Signature, Wet Signature)
Subscribe
Literally, to write underneath, as one’s name. To sign at the end of a document.
Surety
The person or company who furnishes the notary’s bond. In bonding a notary, the surety agrees
to pay any claims against the notary up to $10,000. If a bonding company has to make a payment
as a result of a claim, the notary is financially obligated to repay the surety.
Swear
To bind a person by an oath. As part of some notarial acts, the customer must swear before the
notary. (See also Affirm, Oath)
Venue
The venue describes the geographic location where a notarial act is performed, naming the state
and county. It is required for all notarial acts.
Wet Signature
A wet signature refers to a signature made with a pen in the presence of a notary. Stamped sig-
natures or other reproductions of a signature are not acceptable in any circumstance.
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Notary Education 63
The Revised Uniform Law on Notarial Acts
(3) If the notarial officer is a notary public, all of the following subparagraphs apply:
(i) The notary public must:
(A) sign the notary public's name exactly and only as it appears on the
commission; or
(B) execute the notary public's electronic signature in a manner which
attributes the signature to the notary public identified in the commis-
sion.
(ii) The certificate must indicate the date of expiration of the notarial officer's
commission.
(b) Official stamp.--
(1) If a notarial act regarding a tangible record is performed by a notary public, an
official stamp shall be affixed to the certificate near the notary public's signature in a
form capable of photographic reproduction.
(2) If a notarial act is performed regarding a tangible record by a notarial officer
other than a notary public and the certificate contains the information specified in
subsection (a)(2)(ii), (iii) and (iv), an official stamp may be affixed to the certificate.
(3) If a notarial act regarding an electronic record is performed by a notary public
and the certificate contains the information specified in subsection (a)(2)(ii), (iii) and
(iv) and (3), an official stamp may be attached to or logically associated with the cer-
tificate.
(4) If a notarial act regarding an electronic record is performed by a notarial officer
other than a notary public and the certificate contains the information specified in
subsection (a)(2)(ii), (iii) and (iv), an official stamp may be attached to or logically as-
sociated with the certificate.
(c) Sufficiency.--A certificate of a notarial act is sufficient if it meets the requirements of
subsections (a) and (b) and:
(1) is in a short form set forth in section 316 (relating to short form certificates);
(2) is in a form otherwise permitted by a statutory provision;
(3) is in a form permitted by the law applicable in the jurisdiction in which the notar-
ial act was performed; or
(4) sets forth the actions of the notarial officer and the actions are sufficient to meet
the requirements of the notarial act as provided in:
(i) sections 305 (relating to requirements for certain notarial acts), 306 (relating
to personal appearance required) and 307 (relating to identification of indi-
vidual); or
(ii) a statutory provision other than this chapter.
(d) Effect.--By executing a certificate of a notarial act, a notarial officer certifies that the
notarial officer has complied with the requirements and made the determinations spec-
ified in sections 304 (relating to authority to perform notarial act), 305 and 306.
(e) Prohibition.--A notarial officer may not affix the notarial officer's signature to or log-
ically associate it with a certificate until the notarial act has been performed.
(f) Process.--
(1) If a notarial act is performed regarding a tangible record, a certificate shall be part
of or securely attached to the record.
(2) If a notarial act is performed regarding an electronic record, the certificate shall
be affixed to or logically associated with the electronic record.
(3) If the department has established standards under section 327 (relating to regula-
tions) for attaching, affixing or logically associating the certificate, the process must
conform to the standards.
§ 316. Short form certificates.
The following short form certificates of notarial acts are sufficient for the purposes indi-
cated if completed with the information required by section 315(a) and (b) (relating to
certificate of notarial act):
(1) For an acknowledgment in an individual capacity:
State of
County of
This record was acknowledged before me on _____________ (date)
by _________________________________(name(s) of individual(s))
Signature of notarial officer
Stamp
Title of office
My commission expires:
(2) For an acknowledgment in a representative capacity:
State of
County of
This record was acknowledged before me on _____________ (date)
by __________________________________ (name(s) of individual(s))
as ______________________________ (type of authority, such as officer
or trustee) who represent that (he, she or they) are authorized to act on
behalf of ________________________ (name of party on behalf of whom
record was executed)
Signature of notarial officer
Stamp
Title of office
My commission expires:
(2.1) For an acknowledgment by an attorney at law pursuant to 42 Pa.C.S. § 327 (re-
lating to oaths and acknowledgments):
State of
County of
This record was acknowledged before me on __________________ (date)
by ___________________ (name of attorney) Supreme Court identification
number __________________ as a member of the bar of the Pennsylvania
Supreme Court certified that he/she was personally present when
____________________ (name(s) of individual(s)) executed the record and
that ____________________ (name(s) of individual(s)) executed the record
for the purposes contained therein.
§ 319 Journal.
(a) Maintenance.--A notary public shall maintain a journal in which the notary public
records in chronological order all notarial acts that the notary public performs.
(b) Format.--A journal may be created on a tangible medium or in an electronic format.
A notary public may maintain a separate journal for tangible records and for electronic
records. If the journal is maintained on a tangible medium, it shall be a bound register
with numbered pages. If the journal is maintained in an electronic format, it shall be in
a tamper-evident electronic format complying with the regulations of the department.
(c) Entries.--An entry in a journal shall be made contemporaneously with performance
of the notarial act and contain all of the following information:
(1) The date and time of the notarial act.
(2) A description of the record, if any, and type of notarial act.
(3) The full name and address of each individual for whom the notarial act is per-
formed.
(4) If identity of the individual is based on personal knowledge, a statement to that
effect.
(5) If identity of the individual is based on satisfactory evidence, a brief description
of the method of identification and any identification credential presented, including
the date of issuance and expiration of an identification credential.
(6) The fee charged by the notary public.
(d) Loss or theft.--If a journal is lost or stolen, the notary public shall promptly notify
the department on discovering that the journal is lost or stolen.
(e) Termination of office.--A notary public shall deliver the journal of the notary public
to the office of the recorder of deeds in the county where the notary public last main-
tained an office within 30 days of:
(1) expiration of the commission of the notary public, unless the notary public ap-
plies for a commission within that time period;
(2) resignation of the commission of the notary public; or
(3) revocation of the commission of the notary public.
(f) Repository.--(Reserved).
(g) Death or incompetency.--On the death or adjudication of incompetency of a current
or former notary public, the personal representative or guardian of the notary public or
a person knowingly in possession of the journal of the notary public shall deliver it
within 30 days to the office of the recorder of deeds in the county where the notary
public last maintained an office.
(g.1) Certified copies.--A notary public shall give a certified copy of the journal to a per-
son that applies for it.
(h) Protection.--
(1) A journal and each public record of the notary public are exempt from execution.
(2) A journal is the exclusive property of the notary public.
(3) A journal may not be:
(i) used by any person other than the notary public; or
(ii) surrendered to an employer of the notary public upon termination of em-
ployment.
(b) Basic education.--An applicant under subsection (a) must, within the six-month
period immediately preceding application, complete a course of at least three hours
of notary public basic education approved by the department. For approval, the fol-
lowing apply:
(1) The course must cover the statutes, regulations, procedures and ethics rel-
evant to notarial acts, with a core curriculum including the duties and respon-
sibilities of the office of notary public and electronic notarization.
(2) The course must either be interactive or classroom instruction.
(c) Continuing education.--An applicant for renewal of appointment and commis-
sion as a notary public must, within the six-month period immediately preceding
application, complete a course of at least three hours of notary public continuing ed-
ucation approved by the department. For approval, the following apply:
(1) The course must cover topics which ensure maintenance and enhancement
of skill, knowledge and competency necessary to perform notarial acts.
(2) The course must either be interactive or classroom instruction.
(d) Preapproval.--All basic and continuing education courses of study must be
preapproved by the department.
§ 323. Sanctions.
(a) Authority.--The department may deny, refuse to renew, revoke, suspend, reprimand
or impose a condition on a commission as notary public for an act or omission which
demonstrates that the individual lacks the honesty, integrity, competence or reliability
to act as a notary public. Such acts or omissions include:
(1) Failure to comply with this chapter.
(2) A fraudulent, dishonest or deceitful misstatement or omission in the appli-
cation for a commission as a notary public submitted to the department.
(3) Conviction of or acceptance of Accelerated Rehabilitative Disposition by
the applicant or notary public for a felony or an offense involving fraud, dis-
honesty or deceit.
(4) A finding against or admission of liability by the applicant or notary pub-
lic in a legal proceeding or disciplinary action based on the fraud, dishonesty
or deceit of the applicant or notary public.
(5) Failure by a notary public to discharge a duty required of a notary public,
whether by this chapter, by regulation of the department or by Federal or
State law.
(6) Use of false or misleading advertising or representation by a notary public
representing that the notary public has a duty, right or privilege that the no-
tary public does not have.
(7) Violation by a notary public of a regulation of the department regarding a
notary public.
(8) Denial, refusal to renew, revocation, suspension or conditioning of a no-
tary public commission in another state.
(9) Failure of a notary public to maintain a bond under section 321(d) (relating
to appointment and commission as notary public; qualifications; no immunity
or benefit).
(a.1) Administrative penalty.--The department may impose an administrative
penalty of up to $1,000 on a notary public for each act or omission which constitutes
a violation of this chapter or on any person who performs a notarial act without
being properly appointed and commissioned under this chapter.
Pennsylvania Association of Notaries
78 Notary Education
The Revised Uniform Law on Notarial Acts
Section 3.1. The fee of $25 for a Notary Public Commission and the $2 fee for Filing Bond for
any Public Office in 4 Pa. Code § 161.1 are abrogated.
Section 4. Upon approval of courses under 57 Pa.C.S. § 322(b) and (c), the Department of State
shall transmit notice of the approval to the Legislative Reference Bureau for publication in
the Pennsylvania Bulletin.
Section 5. This act shall take effect as follows:
(1) The following provisions shall take effect immediately:
(i) The authority of the Department of State to approve courses under 57 Pa.C.S.
§ 322(b) and (c).
(ii) The addition of 57 Pa.C.S. §§ 327 and 329.1(a).
(iii) Section 4 of this act.
(iv) This section.
(2) The addition of 42 Pa.C.S. Ch. 62 shall take effect in 60 days.
(3) The remainder of this act shall take effect 180 days after publication of the notice
under section 4 of this act.
Contact PAN today, and we’ll give you all the details.
Call 800-944-8790 or visit us at www.notary.org.