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Notary

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

How a PAN membership can help you


PAN guides you step-by-step through the notary application process, including a
line-by-line review of your notary application before it goes to Harrisburg.
You have PAN’s support in answering all your notary and motor vehicle questions
via telephone, online Chat, E-mail, and Facebook throughout your four-year notary
commission.
PAN provides state-approved motor vehicle training in addition to state-approved
notary training.

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

ATTORNEYS APPLYING FOR CLE CREDIT


Pennsylvania Association of Notaries’ (PAN’s) three-hour Notary Education Seminar is approved
for three substantive hours of Continuing Legal Education (CLE) credit.

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.

Pennsylvania Association of Notaries


One Gateway Center, Suite 401 • 420 Fort Duquesne Boulevard, Pittsburgh, PA 15222
Phone: 800-944-8790 • Fax 800-707-7075 • E-mail: PAN@notary.org • www.notary.org
Section
1 What is a
Notary?

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

lico, act as an immigration consultant or an expert on immigration matters unless you


are also a licensed attorney.

If you advertise as a notary in print or another medium,


you must include a disclaimer that reads:
“I am not an attorney licensed to practice law in this Commonwealth. I am not
allowed to draft legal records, give advice on legal matters, including immigration,
or charge a fee for those activities.”

A conflict of interest for a notary includes:


• Notarizing his or her own signature
• Notarizing documents if you or your spouse have a direct or financial interest in
the transaction or record other than receiving a regular salary, hourly wage or
notary fees

NoTES & INSIgHTS: ____________________________________________________________


________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

Pennsylvania Association of Notaries


4 Notary Education
Section 1: What is a Notary?

Exceptions to Direct Interest:


• 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
transaction.

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.

Pennsylvania Association of Notaries


Section
2 Appointment
Process

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.

The Notary Application


How to fill out your notary application
Part I: Applicant information – Enter your name. Use your full name as you would
like it to appear on your commission. Nicknames are not acceptable. You can use your
full first name and last name; full first name, middle initial and last name; full first
name, full middle name and last name; or first name initial, full middle name and last
name.

Pennsylvania Association of Notaries


8 Notary Education
Section 2: Appointment Process

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

Commonwealth of Pennsylvania – Department of State!


Bureau of Commissions, Elections and Legislation NOTARY PUBLIC 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)

Date of Birth (mm/dd/yyyy) Social Security Number (xxx-xx-xxxx) Email Address

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

Employer/Business Telephone (include area code) County

Home Street Address (P.O. Box alone is insufficient) City State Zip Code

Home Telephone (include area code) County

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.

________________________________________________________ _________________________________________________ _______________________________


Applicant Signature (must match name in Part I) Applicant Printed Name (must match name in Part I) Date

Pennsylvania Association of Notaries


Notary Education 9
Section 2: Appointment Process

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.

Pennsylvania Association of Notaries


10 Notary Education
Section 2: Appointment Process

This fee is non-refundable.


Remember, you must submit your application within six months of completing the
mandatory education. Be sure to sign your application legibly. Print your name next
to your preferred signature.
The Secretary of the Commonwealth receives and approves applications. You should
receive a Notice to Appointee and a blank bond form in the mail after your application
is submitted and approved.

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

Pennsylvania Association of Notaries


Notary Education 11
Section 2: Appointment Process

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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Pennsylvania Association of Notaries


12 Notary Education
Section 2: Appointment Process

Remember: All Pennsylvania notaries must be bonded as required by the Revised


Uniform Law on Notarial Acts. The bond amount is $10,000. A four-year notary bond
is included with PAN’s Become a Notary Appointment Package.
Your bond protects your customer if you make a mistake on a document that causes
a financial loss. If your bonding company has to make a payment on a claim against
your bond, you must pay the bonding company back. It is a common misconception
that a bond is insurance. It is not.
Notary Errors & Omissions (E&O) Insurance protects you financially if you make a
mistake that causes your customer to suffer a financial loss during the performance
of your notarial duties.
Notary E&O Insurance pays your claim first before your bond. You are not required
to pay the insurance company back. This insurance, however, is optional and must be
purchased separately.
You have 45 days to:
Have your bond completed and notarized by your bonding company and take your
oath of office.
You must appear before the recorder of deeds in the county where your office of record
is located to record your bond, oath and commission. This is required by the Revised
Uniform Law on Notarial Acts. There is a fee to record your bond and take your oath.
• If you are a member of PAN, contact us at 1-800-944-8790 to find out the fee
amount.
• Not a PAN member? Contact your county recorder of deeds for fees and hours
of operation.

Register your signature


This is the last step to becoming a notary and one required by the Revised Uniform
Law on Notarial Acts.You must register your signature at the county prothonotary’s
office or your county’s equivalent. Show your recorder’s fee receipt. Pay the registra-
tion fee and register your signature. Make sure you keep your prothonotary’s fee re-
ceipt.

Pennsylvania Association of Notaries


Notary Education 13
Section 2: Appointment Process

Notice to Appointee letter

BUREAU OF COMMISSIONS, ELECTIONS & LEGISLATION


DIVISION OF COMMISSIONS, LEGISLATION & NOTARIES
ROOM 210 NORTH OFFICE BUILDING
HARRISBURG, PA 17120
(717) 787-5280

OCTOBER 26, 2018


0$5<$60,7+
0$,1675((7
6$,170$5<63$

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

Enclosure: Notary Bond Form

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.

*See reverse for instructions

Pennsylvania Association of Notaries


14 Notary Education
Section 2: Appointment Process

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.

Electronic Notarization in Pennsylvania


When you become a commissioned Pennsylvania notary, you may apply for approval
to electronically notarize.
In its most basic form, electronic notarization (eNotarization) is the process of a com-
missioned notary affixing an electronic signature and notarial certificate to an elec-
tronic document. Examples of electronic documents are word processing documents,
E-mail messages, portable documents format (PDF) files, documents scanned into an
image format such as the software known as Adobe, and Web pages.
Rather than a paper document and an official notary stamp, the notary digitally places
his or her identifying information to a document which exists as electronic data in a
computer-readable form.
Remember: All steps for an electronic notarization, including personal appearance
and proper identification, must still take place.

Can I become an electronic notary?


To obtain approval from the Pennsylvania Department of State to notarize electroni-
cally, you must first be a duly appointed and commissioned notary with a current and
unrestricted commission.
The electronic notary application is a separate application from the standard first time
and reappointment notary applications.
A notary wishing to become an electronic notary must use an electronic notarization
solution provider approved by the Department of State.
For more information regarding Pennsylvania’s electronic notarization program,
visit: www.dos.pa.gov/OtherServices/Notaries/E-Notary/Pages/Electronic%20
Notarization.aspx
Pennsylvania Association of Notaries
Notary Education 15
Section 2: Appointment Process

Change of Name or Change of Address


Change of Name
When changing your name during your commission, you have two choices:
1. Continue using your old name until your commission expires, then reapply
using your new name.
2. Use your new name immediately. If you choose this option, you must register
your new signature with the prothonotary’s office of the county where your of-
fice of record address is located. You will also need to purchase a new official
stamp.
Regardless of your choice, you must report your new name to the Department of State
within 30 days.
1. Complete the Department of State Change of Name form and submit it to the
Secretary of the Commonwealth along with evidence of the name change.
Change of Address
When changing your home or office of record address:
1. Complete the Department of State Change of Address form and submit to the
Secretary of the Commonwealth within 30 days.
- If you move to a new county, you must register your official signature in the
prothonotary’s office of the new county within 30 days. You will also need to
purchase a new official stamp.
If you are a PAN member and need to file a name or address change, please call Cus-
tomer Service at 1-800-944-8790 for assistance, or complete the form online at www.
notaries.pa.gov.

When moving outside of Pennsylvania:


If you move outside the state but retain a work address in Pennsylvania, you may re-
tain your commission. If you no longer live or work in the state, you must resign your
commission. Your journal must be delivered to the recorder of deeds in the county
where your office of record is located within 30 days of the resignation.
You must also submit a Notary Public Resignation Form or letter of resignation and
your commission to the Secretary of the Commonwealth. Your official stamp must be
disabled by destroying, defacing or damaging it so it is unusable.
Forms for name and address changes are available through the Department of State’s
Website at www.notaries.pa.gov, or you may download these forms from PAN’s Mem-
ber Portal.

Pennsylvania Association of Notaries


Section
3 Identifying
Your Customer

Notary
Education
Notary Education 19
Section 3: Identifying your Customer

Identifying Your Customer


Demand Personal Appearance and Identify Your Customer
The most important aspect of notary work is properly identifying your customer. If
you are performing a notary act for a customer, that customer must appear before you.
Personal appearance means your customer is in your presence, in person. There is no
exception to the requirement of personal appearance, except in the case of certified
copies.

What isn’t personal appearance


• The customer calls you on the telephone
• Faxes you the document to be notarized
• Sends another person to have a document notarized
• Appears on a video conference call
• Uses audio technology
As an appointed public official acting as an impartial witness, it is your responsibility
to properly identify your customer. By properly identifying your customer, you as a
notary, help defend against fraud.
Is the customer standing before you requesting a notarization the person he or she
claims to be?
If your customer’s identity is not known to you, then it must be proven to you. There
are several ways to determine a customer’s identity – personal knowledge and satis-
factory evidence.

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.

NoTES & INSIgHTS: ____________________________________________________________


________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

Pennsylvania Association of Notaries


20 Notary Education
Section 3: Identifying your Customer

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.

Acceptable identification includes:


• Passport or passport card issued by the United States Department of State or a
foreign government, which is current and unexpired and uses letters, characters
and a language that is read, written and understood by the notary
• Driver’s license or non-driver identification card issued by a U.S. state or territory,
and a state or territory of Canada or Mexico (which uses letters, characters and a
language that is read, written and understood by the notary), which is current
and unexpired
• Identification card issued by any branch of the U.S. armed forces
• Inmate identification card issued by the Pennsylvania Department of Corrections
for an inmate who is currently in the custody of the Department
• Identification card issued by the U.S. Department of Homeland Security
• Social Security card
• Medicare card
• Pennsylvania state and state-related university identification card
NOTE: Where there is an issue date (on the ID), it must be prior to the notary act.
If the identification card presented to you does not prove your customer’s identity to
your satisfaction, you must ask for another form of ID that meets the requirements of
the law.
If your customer is not personally known to you and cannot provide an acceptable
identification card (satisfactory evidence), then you can rely on the testimony of a third
person known as a credible witness.

Pennsylvania Association of Notaries


Notary Education 21
Section 3: Identifying your Customer

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

NoTES & INSIgHTS: ____________________________________________________________


________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

Pennsylvania Association of Notaries


Section
4 Notary
Equipment

Notary
Education
Notary Education 25
Section 4: Notary Equipment

Notary Equipment and its Proper Use


The official stamp
The Revised Uniform Law on Notarial Acts requires you to obtain and keep an official
stamp and to apply it to every document you notarize.
Your official stamp must contain the words “Commonwealth of Pennsylvania – Notary
Seal,” your name as it appears on your commission and the words “Notary Public,”
and the name of the county where your office of record is located. Your official stamp
must also contain the expiration date of your notary commission and the seven-digit
commission identification number assigned by the Department of State. No words or
terms on the official stamp may be abbreviated.

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.

The official stamp is the exclusive property of a notary


no matter who paid for it.
The notary shall not permit others to use their stamp.

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.

Pennsylvania Association of Notaries


26 Notary Education
Section 4: Notary Equipment

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.

St. Mary's Middle School


5:00 am 11:00
600 Maurus pm
Street
St. Marys, PA 15857

FIELD TRIP PERMISSION SLIP

Today's Date _____________________


March 3, 20xx

I, as a parent or guardian, give permission for ________________________________


Donna Davis
(Student’s first and last name)
To attend ________________________________________
Gettysburg Field Trip _ on
M (Event and Place) 11:00 pm
__________________
May 1, 20xx from ___________
5:00 am until __________
11:00 pm for
(Date) (Time) (Time)
M
_________________________________________________.
History Lesson
(Reason for field trip)

I agree to the mode of Transportation: ______________________


Bus Company __
(Bus company, Walking)
Place of Departure: ______________________________________
St. Mary’s Middle School
(Where)
Place and Time of Return: ________________
Main Lobby about ___________
11:00 pm
(Where) (When)
Teacher(s) in charge: _______________________________________________________________
Mr. Jon Miller & Mrs. Holly Hanover
Students will be accompanied by an appropriate number of adults: teachers, aides, parents, or school
volunteers.
************
I on my behalf, individually and as a parent/guardian of my child and on behalf of my child, our heirs, executors and ad-
ministrators, hereby release and forever discharge the Elk County Catholic School System, a Corporation Sole, or as appli-
cable the Board of Trustees/Directors of St. Mary's School its Principal, teachers, instructors, volunteers, priest/chaplain,
employees and agents and each such persons and such entity's agents, representatives, successors or assigns from any and
___________________________________________
all claims and causes of action, including but not limited to claims for personal injury which I, individually and as parent
or guardian of my child, may have arising out of or in any way related to the aforementioned field trip, activity or event.
Signature of parent/guardian
Commonwealth
I also state of
that Pennsylvania
I am not aware of any health reasons, which would prohibit or limit my chill's participation in this field
trip, activity or event.
County of Elk
___________________________________________
Signed (or attested) before me on March
Signature of parent/guardian 3, 20XX
_______________
Commonwealth of Pennsylvania
Daniel Davis
by ________________________________________.
County of Elk
Signed (or attested) before me on _______________
___________________________________________
by ________________________________________.
Notary Public

___________________________________________
Notary Public

Pennsylvania Association of Notaries


Notary Education 27
Section 4: Notary Equipment

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.

Pennsylvania Association of Notaries


28 Notary Education
Section 4: Notary Equipment

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.

Identification of notary in journal


Each journal of a notary, whether a bound version or in an electronic format, must
contain the following information:
• Your name as it appears on your commission
• Your commission number
• Your commission expiration date
• Your office address of record with the Department of State
• A statement that, in the event of your death, the journal shall be delivered or
mailed to the office of the recorder of deeds in the county where you last main-
tained an office
• The meaning of any not commonly abbreviated word or symbol used in record-
ing a notary act in your journal
• Your signature
If your name, commission expiration date or address changes before you stop using
your journal, you must add the new information after the old information and the
date on which the information changed.
Journal entries
The Revised Uniform Law on Notarial Acts specifies that each entry in your journal
contains the following information:
1. The date and time of the notary act – always the date and time in which your
customer stands before you in person.
2. A description of the record, if any, and the type of notary act.
3. Notary fee – record the notary fee, if charged, for each act.
4. Clerical and administrative fees, if charged, must be itemized separately in your
journal.

Pennsylvania Association of Notaries


Notary Education 29
Section 4: Notary Equipment

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.

NoTES & INSIgHTS: ____________________________________________________________


________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

Pennsylvania Association of Notaries


Date/Time of Notary Act Type of Document Notary Clerical and/or Customer Name and Address Identification Method Identification Details Remarks
Act* Description Fee Administrative Fees (City and State) (ID type and issue/expiration dates (Do not record complete Social
(Include type or title) or name of Credible Witness) Security or driver’s license numbers
Month Day Year Time, AM/PM or other personal information)
Ne w K Personal Knowledge PA Drivers license Oa th as a stand
01 08 xx 6:45 pm 5 school board 0
/ 0
/ Frank X. Smith XK Acceptable ID issued May 1, 20xx
21
member Anytown, PA K Credible Witness expires May 2, 20xx alone act
school K Personal Knowledge PA Temporary ID
02 08 xx 12:30 pm 2 enrollment $5 0
/ Jane Swartz XK Acceptable ID issued Feb. 5 20xx
Anytown, PA
22
form K Credible Witness expires Feb. 20, 20xx
Permission slip Daniel Davis X
K Personal Knowledge
03 03 xx 7:15 pm 3 to Gettysburg, 0
/ 0
/ K Acceptable ID __
Anytown, PA
23
PA K Credible Witness

Pennsylvania Association of Notaries


Husband’s K Personal Knowledge
24 05 10 xx 4:00 pm 4 (Frank) $5 0
/ Mary Moss K Acceptable ID N /A
passport K Credible Witness
mortgage Jane Swartz K Personal Knowledge PA Drivers license
10 03 xx 3:30 pm 1 agreement $5 $10.00 XK Acceptable ID issued March 3, 20xx
Anytown, PA
25
K Credible Witness expires March 4, 20xx
K Personal Knowledge
26 K Acceptable ID
K Credible Witness
K Personal Knowledge
27 K Acceptable ID
K Credible Witness
K Personal Knowledge
28 K Acceptable ID
K Credible Witness
Notary Journal with Entries

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.

Notary Public Fee Schedule

The Secretary of the Commonwealth Revised Notary Fees

Taking acknowledgment ......................................................................$5.00


Taking acknowledgment (each additional name) ............................$2.00
Administering oath or affirmation (per individual) ........................$5.00
Taking verification on oath or affirmation ..........................................$5.00
(no matter how many signatures)
Witnessing or attesting a signature (per signature)............................$5.00
Certifying or attesting a copy or deposition ......................................$5.00
(per certified copy)
Noting a protest of a negotiable instrument (per page) ..................$3.00

NoTES & INSIgHTS: ____________________________________________________________


________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

Pennsylvania Association of Notaries


32 Notary Education
Section 4: Notary Equipment

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.

Pennsylvania Association of Notaries


Section
5 Notary Acts

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.

Review the document to be notarized


You don’t have to read through the document word for word, but it is important that
you scan through the document to determine if the document has blank spaces.
If the document is written or designed to contain information and the information is
missing, or an individual signing the document is not present before you, you may
not notarize.
If you find blank spaces, point them out to your customer. The customer may draw
lines through the blank spaces or enter N/A and initial the changes. Once the blank
spaces are filled in you may notarize.
If there are additional signature lines and it is clear that the notarization does not apply
to the blank signature lines, you may notarize.
Notarizing blank documents is never allowed.

Recognizing Notary Wording


A notary cannot notarize unless there is proper notary wording on the document. Be
aware that wording varies from notary act to notary act. Without the notary wording,
the signature and stamp are meaningless.
• Look for the venue
- The venue is the location (county and state) where the notarization takes place.
- It is required for all notary acts.
- You are responsible for correcting the venue if it is incorrect on the document.
- The venue may read Commonwealth of Pennsylvania or State of Pennsylvania.

• Look for the notary statement


- The notary statement determines which notary act you are completing.

Pennsylvania Association of Notaries


36 Notary Education
Section 5: Notary Acts

The Revised Uniform Law on Notarial Acts refers to notary wording as a Certificate
of Notarial Act.

Example of Certificate of Notarial Act (notary wording/statement):

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?

An oath or affirmation is administered whenever an individual must declare or prom-


ise that a statement he or she will give or has given is the truth, or that he or she will
faithfully perform certain duties.

Administering an oath or affirmation is a notarial act itself. However, oaths and affir-
mations are also an essential part of another notarial act.

Pennsylvania Association of Notaries


Notary Education 37
Section 5: Notary Acts

Notary’s responsibilities for oaths or affirmations


1. Demand your customer’s personal appearance
2. Properly identify your customer
3. Administer the oath or affirmation
4. Listen for your customer’s affirmative response
5. Make an entry in your journal

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

Customer Name and Address Identification Method Identification Details Remarks


es 2 (City and State) (ID type and issue/expiration dates, (Do not record complete Social
Credible Witness Signature Security or driver’s license numbers
and Residence Address) or other personal information)
K Personal Knowledge
K Acceptable ID
K Credible Witness

K Personal Knowledge
K Acceptable ID
K
Pennsylvania Association of Notaries
38 Notary Education
Section 5: Notary Acts

2. Verification on oath or affirmation


The customer whose document is being notarized must take an oath or affirmation
and sign the document in front of you, the notary. This power is a declaration made
by an individual that a statement in the document is true.
Verification on oath or affirmation example:
Signed and sworn to (or affirmed) before me on _____________ (date)
by ________________________ (name(s) of Individual(s) making statement).

Notary’s responsibilities for a verification on oath or affirmation


1. Demand your customer’s personal appearance
2. Properly identify your customer
3. Review the document. Look for blank spaces and the notary wording
4. Administer an oath or affirmation to your customer and listen for their affirma-
tive response
5. Watch your customer sign the document
6. Compare the signature on the document to the signature on the identification,
if there is a signature on the presented identification
7. Complete the certificate of notarial act (notary wording)
8. Place your stamp and signature on the document
9. Make an entry in your journal

Verification on Oath or Affirmation Scenario


You are the notary for the Jefferson County School District. Jane Swartz has
just moved from New York to Pennsylvania and needs to enroll her son in the
school district.
The date is February 8, 20XX at 12:30 p.m. Jane presents you with her Pennsyl-
vania temporary ID card. It shows she lives in Anytown, PA. The temporary
ID shows an issue date of February 5, 20XX and expires February 20, 20XX.”
You are charging the maximum notary fee allowed of $5 and will not charge
any other clerical or administrative fees.
***
Example of Verification on Oath or Affirmation
“Do you, Jane Swartz, swear or affirm that the information contained
in this document is true and correct?”

Pennsylvania Association of Notaries


Notary Education 39
Section 5: Notary Acts

Jefferson County School System Affidavit of Residency

Jane Swartz
Full name of parent / guardian: ____________________________

814-555-1212 Work phone: 555-555-5555


Home phone: ________________ 315-111-1234
________________ Cell phone: _________________

82 Main Street
Current full time address: _____________________________ Anytown, PA
City: ___________________________

Children: Date of Birth: School Attending:


Brad Swartz
______________________ 09/26/20xx
______________________ Anytown Elementary
__________________________________
______________________ ______________________ __________________________________ JS
______________________ ______________________ __________________________________ JS
______________________ ______________________ __________________________________ JS

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 ___________________

Signed and sworn to (or affirmed) before me


February 8,20XX
on __________________________________
Jane Swartz
by __________________________________.

____________________________________
Signature of Notary Public

Pennsylvania Association of Notaries


40 Notary Education
Section 5: Notary Acts

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

Customer Name and Address Identification Method Identification Details Remarks


es (City and State) (ID type and issue/expiration dates (Do not record complete Social
or name of Credible Witness) Security or driver’s license numbers
or other personal information)
K Personal Knowledge PA Drivers license Oath as a stand
0
/ Frank X. Smith XK Acceptable ID issued May 1, 20xx
Anytown, PA K Credible Witness expires May 2, 20xx alone act
K Personal Knowledge
K Acceptable ID
K Credible Witness

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

4. Witnessing or attesting a signature


This notary act authorizes the notary to witness or attest a signature.
NOTE: A document requiring a signature that needs witnessed or attested may not
be signed prior to the completion of the notary act. You, the notary, must compare the
signature on the document to the signature of the individual’s identification, if there
is a signature on the presented identification.
The document must be signed on the same date that the notary affixes his or her official
stamp and signature to the document.
The signer of the document is merely signing the document, not swearing or affirming
that the contents of the document are true.
Witnessing or attesting a signature example:
Signed (or attested) before me on (date) by (name(s) of individual(s)).
Notary’s responsibilities for witnessing or attesting signatures
1. Demand your customer’s personal appearance
2. Identify your customer
3. Review the document. Look for blank spaces and the notary wording
4. Watch your customer sign the document
5. Compare the signature on the document to the signature on the identification,
if there is a signature on the presented identification
6. Complete the certificate of notarial act (notary wording)
7. Affix your official stamp and signature to the document
8. Make an entry in your journal

Witnessing or Attesting a Signature Scenario


A long-time neighbor and friend of yours, Daniel Davis, has come to your
home on March 3, 20XX at 7:15 p.m. to ask if you could notarize his signature
on a permission slip for his daughter to attend a field trip in Gettysburg, PA in
the beginning of May. You both live in Anytown, PA. You are not charging
any fees to Daniel since you are friends.

NoTES & INSIgHTS: ____________________________________________________________


________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

Pennsylvania Association of Notaries


42 Notary Education
Section 5: Notary Acts

St. Mary's Middle School


600 Maurus Street
St. Marys, PA 15857

FIELD TRIP PERMISSION SLIP

Today's Date _____________________


March 3, 20xx

I, as a parent or guardian, give permission for ________________________________


Donna Davis
(Student’s first and last name)
To attend ________________________________________
Gettysburg Field Trip _ on
(Event and Place)
__________________
May 1, 20xx from ___________
5:00 am until __________
11:00 pm for
(Date) (Time) (Time)

________________________________________________
History Lesson _.
(Reason for field trip)

I agree to the mode of Transportation: ______________________


Bus Company __
(Bus company, Walking)
Place of Departure: ______________________________________
St. Mary’s Middle School
(Where)
Place and Time of Return: ________________
Main Lobby about ___________
11:00 pm
(Where) (When)
Teacher(s) in charge: _______________________________________________________________
Mr. Jon Miller & Nrs. Holly Hanover
Students will be accompanied by an appropriate number of adults: teachers, aides, parents, or school
volunteers.
************
I on my behalf, individually and as a parent/guardian of my child and on behalf of my child, our heirs, executors and ad-
ministrators, hereby release and forever discharge the Elk County Catholic School System, a Corporation Sole, or as appli-
cable the Board of Trustees/Directors of St. Mary's School its Principal, teachers, instructors, volunteers, priest/chaplain,
employees and agents and each such persons and such entity's agents, representatives, successors or assigns from any and
all claims and causes of action, including but not limited to claims for personal injury which I, individually and as parent
or guardian of my child, may have arising out of or in any way related to the aforementioned field trip, activity or event.

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 __________________

Signed (or attested) before me on _______________


by _______________________________________.

___________________________________________
Notary Public

Pennsylvania Association of Notaries


Notary Education 43
Section 5: Notary Acts

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

Customer Name and Address Identification Method Identification Details Remarks


es (City and State) (ID type and issue/expiration dates (Do not record complete Social
or name of Credible Witness) Security or driver’s license numbers
or other personal information)
K Personal Knowledge PA Drivers license Oath as a stand
0
/ Frank X. Smith XK Acceptable ID issued May 1, 20xx
Anytown, PA K Credible Witness expires May 2, 20xx alone act
K Personal Knowledge PA Temporary ID
0
/ Jane Swartz XK Acceptable ID issued Feb. 5 20xx
Anytown, PA K Credible Witness expires Feb. 20, 20xx
K Personal Knowledge
K Acceptable ID
K Credible Witness

K Personal Knowledge
K

5. Certified or Attested Copy or Deposition


When a notary makes a certified copy, he or she determines that a photocopy is a com-
plete and accurate reproduction of an original record (document) that was presented
2 not guarantee the authenticity
to him or her. A notary does 3 4
of the original document
or its contents.

NoTES & INSIgHTS: ____________________________________________________________


________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

Pennsylvania Association of Notaries


44 Notary Education
Section 5: Notary Acts

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.

An Apostille … When an apostille is requested, the Department of State checks the


notarized document to see whether it is a certified copy of an official record. A notary
should not be making copies of federal or state official documents, then attaching no-
tarized statements to them, if the customer will be seeking further authentication.
According to the Department of State, customers wanting certified copies of federal
or state documents to send outside the country should go to the proper custodian(s).
For example, corporate documents filed with the Delaware Secretary of State should
be certified and apostilled by that state’s Secretary of State. A Pennsylvania marriage
license should be certified by the county Register of Wills and sent to the Department
of State for authentication.

Pennsylvania Association of Notaries


Notary Education 45
Section 5: Notary Acts

Notary’s responsibilities for a certified or attested copy or deposition


1. Customer presents the original document
2. Inspect the original document
3. Make the copy yourself or use the customer’s copy
4. Compare the copy to the original
5. Complete the certificate of notarial act (notary wording)
6. Apply your signature and official stamp
7. Make an entry in your journal
Certified or attested copy or deposition examples:
I certify that this is a true and correct copy of a (blank) in the possession of (blank)
dated (blank).
I certify that this is a true and correct copy of the transcript of the deposition of (blank)
dated (blank).

Certified Copy scenario


Frank Moss will be traveling internationally for business and was told
having a certified copy of his U.S. Passport would make it easier to
obtain a replacement if the original was ever lost or stolen.
His wife, Mary Moss comes to your office to have a certified copy
of Frank’s passport made. She appears on May 10, 20XX at 4 p.m.
You charge the maximum-allowed notary fee of $5.
***
Example of Certified Copy Wording
“I, Mary A. Smith, a notary public, certify that this is a true and correct
copy of the U.S. Passport of #431276122, dated 09/05/2014, in the
possession of Mary Moss on 05/10/20XX.”

NoTES & INSIgHTS: ____________________________________________________________


________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

Pennsylvania Association of Notaries


46 Notary Education
Section 5: Notary Acts

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

Pennsylvania Association of Notaries


Notary Education 47
Section 5: Notary Acts

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

Customer Name and Address Identification Method Identification Details Remarks


es (City and State) (ID type and issue/expiration dates (Do not record complete Social
or name of Credible Witness) Security or driver’s license numbers
or other personal information)
K Personal Knowledge PA Drivers license Oath as a stand
0
/ Frank X. Smith XK Acceptable ID issued May 1, 20xx
Anytown, PA K Credible Witness expires May 2, 20xx alone act
K Personal Knowledge PA Temporary ID
0
/ Jane Swartz XK Acceptable ID issued Feb. 5 20xx
Anytown, PA K Credible Witness expires Feb. 20, 20xx

Daniel Davis XK Personal Knowledge


0
/ K Acceptable ID __
Anytown, PA K Credible Witness

K Personal Knowledge
K Acceptable ID
K Credible Witness

2 Personal Knowledge
K 3 4
K

NoTES & INSIgHTS: ____________________________________________________________


________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

Pennsylvania Association of Notaries


48 Notary Education
Section 5: Notary Acts

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)).

Representative capacity acknowledgment example:


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, they) are authorized
to act on behalf of (name of party on behalf of whom record was executed).

Acknowledgment by attorney-at-law example:


This record was acknowledged before me on (date) by (name of attorney) Supreme Court
Number _____ as a member of the bar at 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 individuals) executed the record for the purposes contained therein.

Pennsylvania Association of Notaries


Notary Education 49
Section 5: Notary Acts

Notary’s responsibilities for acknowledgments


1. Demand your customer’s personal appearance
2. Identify your customer
3. Review the document and look for blank spaces and the notary wording
4. Listen for your customer’s verbal confirmation on intent
5. Confirm your customer’s signature
- Witness
- Authenticate
6. Compare the signature on the document to the signature on the identification,
if there is a signature on the presented identification
7. Complete the certificate of notarial act (notary wording)
8. Affix your official stamp and signature to the document
9. Make an entry in your journal

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
***

“This record was acknowledged before me on Oct. 3, 20XX


by Jane Swartz.

NoTES & INSIgHTS: ____________________________________________________________


________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________

Pennsylvania Association of Notaries


50 Notary Education
Section 5: Notary Acts

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.

Copy Received. I ACKNOWLEDGE RECEIPT OF A TRUE COPY OF THIS MORTGAGE WITH-


OUT CHARGE.

Signatures. I agree to the terms of this Mortgage.

Jane Swartz
________________________________________

Commonwealth of Pennsylvania
County of ________________________

This record was acknowledged before me


on _________________________________
by _________________________________.

________________________________________
Notary Public

Pennsylvania Association of Notaries


Notary Education 51
Section 5: Notary Acts

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

Customer Name and Address Identification Method Identification Details Remarks


es (City and State) (ID type and issue/expiration dates (Do not record complete Social
or name of Credible Witness) Security or driver’s license numbers
or other personal information)
K Personal Knowledge PA Drivers license Oath as a stand
0
/ Frank X. Smith XK Acceptable ID issued May 1, 20xx
Anytown, PA K Credible Witness expires May 2, 20xx alone act
K Personal Knowledge PA Temporary ID
0
/ Jane Swartz XK Acceptable ID issued Feb. 5 20xx
Anytown, PA K Credible Witness expires Feb. 20, 20xx

Daniel Davis XK Personal Knowledge


0
/ K Acceptable ID __
Anytown, PA K Credible Witness

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

Pennsylvania Association of Notaries


Glossary of
Notarial Terms

Notary
Education
Notary Education 55
Glossary of Notarial Terms

glossary of Notarial Terms


Acknowledgment
One of the notary’s official powers. An acknowledgment includes two parts:
Spoken: a voluntary, unsworn formal declaration made by a person who signed a document
denoting that the signing was his or her free act and deed. This declaration is made in the no-
tary’s presence.
Written: the notary’s statement that the person did appear, was properly identified, and ac-
knowledged his or her signature.

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.

Certificate of Notarial Act


A certificate of notarial act contains the venue, the notary statement and a place for your signature
and official stamp.

Pennsylvania Association of Notaries


56 Notary Education
Glossary of Notarial Terms

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.

Errors and omissions Insurance (E&o)


E&O insures the notary against financial loss when one of his or her actions causes financial loss
to a customer. Unlike the required notary bond which protects the customer, E&O protects the
notary and pays for losses before the bond. E&O does not need to be repaid. E&O is optional and
may be purchased separately from the bond.

Pennsylvania Association of Notaries


Notary Education 57
Glossary of Notarial Terms

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.

Pennsylvania Association of Notaries


58 Notary Education
Glossary of Notarial Terms

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)

Pennsylvania Association of Notaries


Notary Education 59
Glossary of Notarial Terms

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.

Verification on oath or affirmation


A notary act. A verification on oath or affirmation is a sworn document in which the individual vol-
untarily swears or affirms that the statements in the document are true.

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.

Pennsylvania Association of Notaries


The Revised
Uniform Law
on Notarial
Acts

Notary
Education
Notary Education 63
The Revised Uniform Law on Notarial Acts

NOTARIES PUBLIC (57 PA.C.S.)


CHAPTER 3
REVISED UNIFORM LAW ON NOTARIAL ACTS
Section
301. Short title of chapter.
302. Definitions.
303. Applicability.
304. Authority to perform notarial act.
305. Requirements for certain notarial acts.
306. Personal appearance required.
307. Identification of individual.
308. Authority to refuse to perform notarial act.
309. Signature if individual unable to sign (Reserved).
310. Notarial act in this Commonwealth.
311. Notarial act in another state.
312. Notarial act under authority of federally recognized Indian tribe.
313. Notarial act under Federal authority.
314. Foreign notarial act.
315. Certificate of notarial act.
316. Short form certificates.
317. Official stamp.
318. Stamping device.
319. Journal.
320. Notification regarding performance of notarial act on electronic record; selection
of technology.
321. Appointment and commission as notary public; qualifications; no immunity or
benefit.
322. Examination, basic education and continuing education.
323. Sanctions.
324. Database of notaries public.
325. Prohibited acts.
326. Validity of notarial acts.
327. Regulations.
328. Notary public commission in effect.
329. Savings clause.
329.1. Fees of notaries public.
330. Uniformity of application and construction.
331. Relation to Electronic Signatures in Global and National Commerce Act.
§ 301. Short title of chapter.
This chapter shall be known and may be cited as the Revised Uniform Law on No-
tarial Acts.
§ 302. Definitions.
The following words and phrases when used in this chapter shall have the meanings
given to them in this section unless the context clearly indicates otherwise:

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"Acknowledgment." A declaration by an individual before a notarial officer that:


(1) the individual has signed a record for the purpose stated in the record; and
(2) if the record is signed in a representative capacity, the individual signed the
record with proper authority and signed it as the act of the individual or entity
identified in the record.
"Bureau." The Bureau of Commissions, Elections and Legislation.
"Conviction." Whether or not judgment of sentence has been imposed, any of the fol-
lowing:
(1) An entry of a plea of guilty or nolo contendere.
(2) A guilty verdict, whether after trial by judge or by jury.
(3) A finding of not guilty due to insanity or of guilty but mentally ill.
"Department." The Department of State of the Commonwealth.
"Electronic." Relating to technology having electrical, digital, magnetic, wireless, optical,
electromagnetic or similar capabilities.
"Electronic signature." An electronic symbol, sound or process attached to or logically as-
sociated with a record and executed or adopted by an individual with the intent to sign
the record.
"In a representative capacity." Acting as:
(1) an authorized officer, agent, partner, trustee or other representative for a person
other than an individual;
(2) a public officer, personal representative, guardian or other representative, in the
capacity stated in a record;
(3) an agent or attorney-in-fact for a principal; or
(4) an authorized representative of another in any other capacity.
"Notarial act." An act, whether performed with respect to a tangible or electronic
record, that a notarial officer may perform under the laws of this Commonwealth. The
term includes:
(1) taking an acknowledgment;
(2) administering an oath or affirmation;
(3) taking a verification on oath or affirmation;
(4) witnessing or attesting a signature;
(5) certifying or attesting a copy or deposition; and
(6) noting a protest of a negotiable instrument.
"Notarial officer." A notary public or other individual authorized to perform a notarial
act.
"Notary public." An individual commissioned to perform a notarial act by the depart-
ment.
"Official stamp." A physical image affixed to or embossed on a tangible record or an elec-
tronic image attached to or logically associated with an electronic record. The term in-
cludes a notary seal.
"Person." Any of the following:
(1) Any individual, corporation, business trust, statutory trust, estate, trust, partner-
ship, limited liability company, association, joint venture or public corporation.

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(2) A government or governmental subdivision, agency or instrumentality.


(3) Any other legal or commercial entity.
"Record." Information that is inscribed on a tangible medium or that is stored in an elec-
tronic or other medium and is retrievable in perceivable form.
"Recorder of deeds." A county recorder of deeds or an official with similar duties and
responsibilities. The term includes the commissioner of records of a county of the first
class and the manager of the department of real estate of a county of the second class.
"Secretary." The Secretary of the Commonwealth.
"Sign." With present intent to authenticate or adopt a record:
(1) to execute or adopt a tangible symbol; or
(2) to attach to or logically associate with the record an electronic symbol, sound or
process.
"Signature." A tangible symbol or an electronic signature which evidences the signing
of a record.
"Stamping device." Any of the following:
(1) A physical device capable of affixing to or embossing on a tangible record an offi-
cial stamp.
(2) An electronic device or process capable of attaching to or logically associating
with an electronic record an official stamp.
"State." A state of the United States, the District of Columbia, Puerto Rico, the Virgin Is-
lands or any territory or insular possession subject to the jurisdiction of the United
States.
"Verification on oath or affirmation." A declaration, made by an individual on oath or
affirmation before a notarial officer, that a statement in a record is true. The term in-
cludes an affidavit.
§ 303. Applicability.
This chapter applies to a notarial act performed on or after the effective date of this
chapter.
§ 304. Authority to perform notarial act.
(a) Permitted.--A notarial officer may perform a notarial act authorized by this chapter
or by statutory provision other than this chapter.
(b) Prohibited.--
(1) A notarial officer may not perform a notarial act with respect to a record in which
the notarial officer or the notarial officer's spouse has a direct or pecuniary interest.
(2) For the purpose of this subsection, none of the following shall constitute a direct
or pecuniary interest:
(i) being a shareholder in a publicly traded company that is a party to the no-
tarized transaction;
(ii) being an officer, director or employee of a company that is a party to the
notarized transaction, unless the director, officer or employee personally ben-
efits from the transaction other than as provided under subparagraph (iii); or
(iii) receiving a fee that is not contingent upon the completion of the notarized
transaction.
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(3) A notarial act performed in violation of this subsection is voidable.


§ 305. Requirements for certain notarial acts.
(a) Acknowledgments.--A notarial officer who takes an acknowledgment of a record
shall determine, from personal knowledge or satisfactory evidence of the identity of the
individual, all of the following:
(1) The individual appearing before the notarial officer and making the acknowledg-
ment has the identity claimed.
(2) The signature on the record is the signature of the individual.
(b) Verifications.--A notarial officer who takes a verification of a statement on oath or
affirmation shall determine, from personal knowledge or satisfactory evidence of the
identity of the individual, all of the following:
(1) The individual appearing before the notarial officer and making the verification
has the identity claimed.
(2) The signature on the statement verified is the signature of the individual.
(c) Signatures.--A notarial officer who witnesses or attests to a signature shall deter-
mine, from personal knowledge or satisfactory evidence of the identity of the individ-
ual, all of the following:
(1) The individual appearing before the notarial officer and signing the record has
the identity claimed.
(2) The signature on the record is the signature of the individual.
(d) Copies.--A notarial officer who certifies or attests a copy of a record or an item
which was copied shall determine that the copy is a complete and accurate transcrip-
tion or reproduction of the record or item.
(e) Negotiable instruments.--A notarial officer who makes or notes a protest of a nego-
tiable instrument shall determine the matters set forth in 13 Pa.C.S. § 3505(b) (relating
to evidence of dishonor).
§ 306. Personal appearance required.
If a notarial act relates to a statement made in or a signature executed on a record, the
individual making the statement or executing the signature shall appear personally be-
fore the notarial officer.
§ 307. Identification of individual.
(a) Personal knowledge.--A notarial officer has personal knowledge of the identity of
an individual appearing before the notarial officer if the individual is personally
known to the notarial officer through dealings sufficient to provide reasonable cer-
tainty that the individual has the identity claimed.
(b) Satisfactory evidence.--A notarial officer has satisfactory evidence of the identity of
an individual appearing before the notarial officer if the notarial officer can identify the
individual as set forth in any of the following paragraphs:
(1) By means set forth in any of the following subparagraphs:
(i) A passport, driver's license or government-issued nondriver identification
card, which is current and unexpired.
(ii) Another form of government identification issued to an individual, which:
(A) is current;
(B) contains the signature or a photograph of the individual; and
(C) is satisfactory to the notarial officer.

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(2) By a verification on oath or affirmation of a credible witness personally appearing


before the notarial officer and personally known to the notarial officer.
(c) Discretion.--A notarial officer may require an individual to provide additional infor-
mation or identification credentials necessary to assure the notarial officer of the iden-
tity of the individual.
§ 308. Authority to refuse to perform notarial act.
(a) Specific refusal.--A notarial officer may refuse to perform a notarial act if the notar-
ial officer is not satisfied that:
(1) the individual executing the record is competent or has the capacity to execute
the record;
(2) the individual's signature is knowingly and voluntarily made;
(3) the individual's signature on the record or statement substantially conforms to
the signature on a form of identification used to determine the identity of the indi-
vidual; or
(4) the physical appearance of the individual signing the record or statement sub-
stantially conforms to the photograph on a form of identification used to determine
the identity of the individual.
(b) General refusal.--A notarial officer may refuse to perform a notarial act unless re-
fusal is prohibited by law other than this chapter.
§ 309. Signature if individual unable to sign (Reserved).
§ 310. Notarial act in this Commonwealth.
(a) Eligible individuals.--A notarial act may be performed in this Commonwealth by
any of the following:
(1) A judge of a court of record.
(2) A clerk, prothonotary or deputy prothonotary or deputy clerk of a court having a
seal.
(3) Any of the following:
(i) A recorder of deeds.
(ii) A deputy recorder of deeds.
(iii) A clerk of a recorder of deeds to the extent authorized by:
(A) section 1 of the act of May 17, 1949 (P.L.1397, No.414), entitled "An
act authorizing the recorder of deeds in counties of the first class to ap-
point and empower clerks employed in his office to administer oaths
and affirmations";
(B) section 1312 of the act of July 28, 1953 (P.L.723, No.230), known as
the Second Class County Code; or
(C) section 1313 of the act of August 9, 1955 (P.L.323, No.130), known
as The County Code.
(4) A notary public.
(5) A member of the minor judiciary. As used in this paragraph, the term "minor ju-
diciary" has the meaning given in 42 Pa.C.S. § 102 (relating to definitions).
(6) An individual authorized by law to perform a specific notarial act.
(b) Prima facie evidence.--The signature and title of an individual performing a notarial
act in this Commonwealth are prima facie evidence that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
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(c) Conclusive determination.--The signature and title of a notarial officer described in


subsection (a)(1), (2), (3), (4) or (5) conclusively establish the authority of the notarial of-
ficer to perform the notarial act.
§ 311. Notarial act in another state.
(a) Effect.--A notarial act performed in another state has the same effect under the law
of this Commonwealth as if performed by a notarial officer of this Commonwealth if
the act performed in that state is performed by any of the following:
(1) A notary public of that state.
(2) A judge, clerk or deputy clerk of a court of that state.
(3) An individual authorized by the law of that state to perform the notarial act.
(b) Prima facie evidence.--The signature and title of an individual performing a notarial
act in another state are prima facie evidence that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(c) Conclusive determination.--The signature and title of a notarial officer described in
subsection (a)(1) or (2) conclusively establish the authority of the notarial officer to per-
form the notarial act.
§ 312. Notarial act under authority of federally recognized Indian tribe.
(a) Effect.--A notarial act performed under the authority and in the jurisdiction of a fed-
erally recognized Indian tribe has the same effect as if performed by a notarial officer of
this Commonwealth if the act performed in the jurisdiction of the tribe is performed by
any of the following:
(1) A notary public of the tribe.
(2) A judge, clerk or deputy clerk of a court of the tribe.
(3) An individual authorized by the law of the tribe to perform the notarial act.
(b) Prima facie evidence.--The signature and title of an individual performing a notarial
act under the authority of and in the jurisdiction of a federally recognized Indian tribe
are prima facie evidence that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(c) Conclusive determination.--The signature and title of a notarial officer described in
subsection (a)(1) or (2) conclusively establish the authority of the notarial officer to per-
form the notarial act.
§ 313. Notarial act under Federal authority.
(a) Effect.--A notarial act performed under Federal law has the same effect under the
law of this Commonwealth as if performed by a notarial officer of this Commonwealth
if the act performed under Federal law is performed by any of the following:
(1) A judge, clerk or deputy clerk of a court.
(2) An individual in military service or performing duties under the authority of mil-
itary service who is authorized to perform notarial acts under Federal law.
(3) An individual designated a notarizing officer by the United States Department of
State for performing notarial acts overseas.
(4) An individual authorized by Federal law to perform the notarial act.
(b) Prima facie evidence.--The signature and title of an individual acting under Federal
authority and performing a notarial act are prima facie evidence that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
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(c) Conclusive determination.--The signature and title of a notarial officer described in


subsection (a)(1), (2) or (3) conclusively establish the authority of the notarial officer to
perform the notarial act.
§ 314. Foreign notarial act.
(a) (Reserved).
(b) Effect.--
(1) This subsection applies to a notarial act:
(i) performed under authority and in the jurisdiction of a foreign state or con-
stituent unit of the foreign state; or
(ii) performed under the authority of a multinational or international govern-
mental organization.
(2) A notarial act under paragraph (1) has the same effect under the law of this Com-
monwealth as if performed by a notarial officer of this Commonwealth.
(c) Conclusive establishment.--If the title of office and indication of authority to per-
form notarial acts in a foreign state appears in a digest of foreign law or in a list cus-
tomarily used as a source for that information, the authority of an officer with that title
to perform notarial acts is conclusively established.
(d) Prima facie evidence.--The signature and official stamp of an individual holding an
office described in subsection (c) are prima facie evidence that:
(1) the signature is genuine; and
(2) the individual holds the designated title.
(e) Hague Convention.--
(1) This subsection applies to an apostille which is:
(i) in the form prescribed by the Hague Convention of October 5, 1961; and
(ii) issued by a foreign state party to the Hague Convention.
(2) An apostille under paragraph (1) conclusively establishes that:
(i) the signature of the notarial officer is genuine; and
(ii) the notarial officer holds the indicated office.
(f) Consular authentications.--
(1) This subsection applies to a consular authentication:
(i) issued by an individual designated by the United States Department of
State as a notarizing officer for performing notarial acts overseas; and
(ii) attached to the record with respect to which the notarial act is performed.
(2) A consular authentication under paragraph (1) conclusively establishes that:
(i) the signature of the notarial officer is genuine; and
(ii) the notarial officer holds the indicated office.
(g) Definition.--As used in this section, the term "foreign state" means a government
other than the United States, a state or a federally recognized Indian tribe.
§ 315. Certificate of notarial act.
(a) Requirements.--
(1) A notarial act shall be evidenced by a certificate.
(2) Regardless of whether the notarial officer is a notary public, the certificate must:
(i) be executed contemporaneously with the performance of the notarial act;
(ii) be signed and dated by the notarial officer;
(iii) identify the county and State in which the notarial act is performed; and
(iv) contain the title of office of the notarial officer.

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(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.

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(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.

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Signature of notarial officer


Stamp
Title of office
My commission expires:
(3) For a verification on oath or affirmation:
State of
County of
Signed and sworn to (or affirmed) before me on ___________________ (date)
by __________________________ (name(s) of individual(s) making statement)
Signature of notarial officer
Stamp
Title of office
My commission expires:
(4) For witnessing or attesting a signature:
State of
County of
Signed (or attested) before me on _______________________ (date)
by ______________________________ (name(s) of individual(s))
Signature of notarial officer
Stamp
Title of office
My commission expires:
(5) For certifying a copy of a record:
State of
County of
I certify that this is a true and correct copy of a ________________________
in the possession of ______________________________________
Dated
Signature of notarial officer
Stamp
Title of office
My commission expires:

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(6) For certifying the transcript of a deposition:


State of
County of
I certify that this is a true and correct copy of the transcript of the deposition
of __________________
Dated
Signature of notarial officer
Stamp
Title of office:
My commission expires:
§ 317. Official stamp.
The following shall apply to the official stamp of a notary public:
(1) A notary public shall provide and keep an official seal, which shall be used to au-
thenticate all the acts, instruments and attestations of the notary public. The seal must
be a rubber stamp and must show clearly in the following order:
(i) The words "Commonwealth of Pennsylvania."
(ii) The words "Notary Seal."
(iii) The name as it appears on the commission of the notary public and the words
"Notary Public."
(iv) The name of the county in which the notary public maintains an office.
(v) The date the notary public's commission expires.
(vi) Any other information required by the department.
(2) The seal must have a maximum height of one inch and width of three and one-half
inches, with a plain border.
(3) The seal must be capable of being copied together with the record to which it is af-
fixed or attached or with which it is logically associated.
§ 318. Stamping device.
(a) Security.--
(1) A notary public is responsible for the security of the stamping device of the no-
tary public. A notary public may not allow another individual to use the device to
perform a notarial act.
(2) On resignation of a notary public commission or on the expiration of the date set
forth in the stamping device, the notary public shall disable the stamping device by
destroying, defacing, damaging, erasing or securing it against use in a manner
which renders it unusable.
(2.1) An individual whose notary public commission has been suspended or revoked
shall surrender possession of the stamping device to the department.
(3) On the death or adjudication of incompetency of a notary public, the personal rep-
resentative or guardian of the notary public or any person knowingly in possession of
the stamping device shall render it unusable by destroying, defacing, damaging, eras-
ing or securing it against use in a manner which renders it unusable.
(b) Loss or theft.--If a stamping device is lost or stolen, the notary public or the personal
representative or guardian of the notary public shall notify the department promptly
upon discovering that the device is lost or stolen.

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§ 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.

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§ 320. Notification regarding performance of notarial act on electronic record; selection


of technology.
(a) Selection.--A notary public may select one or more tamper-evident technologies to
perform notarial acts with respect to electronic records. A person may not require a no-
tary public to perform a notarial act with respect to an electronic record with a technol-
ogy that the notary public has not selected.
(b) Notice and approval.--
(1) Before a notary public performs the initial notarial act with respect to an elec-
tronic record, a notary public shall notify the department that the notary public will
be performing notarial acts with respect to electronic records and identify each tech-
nology the notary public intends to use.
(2) If the department has established standards for approval of technology under
section 327 (relating to regulations), the technology must conform to the standards.
If the technology conforms to the standards, the department shall approve the use of
the technology.
§ 321. Appointment and commission as notary public; qualifications; no immunity or
benefit.
(a) Eligibility.--An applicant for appointment and commission as a notary public
must meet all of the following:
(1) Be at least 18 years of age.
(2) Be a citizen or permanent legal resident of the United States.
(3) Be a resident of or have a place of employment or practice in this Com-
monwealth.
(4) Be able to read and write English.
(5) Not be disqualified to receive a commission under section 323 (relating to
sanctions).
(6) Have passed the examination required under section 322(a) (relating to ex-
amination, basic education and continuing education).
(7) Comply with other requirements established by the department by regula-
tion as necessary to insure the competence, integrity and qualifications of a
notary public and to insure the proper performance of notarial acts.
(b) Application.--An individual qualified under subsection (a) may apply to the de-
partment for appointment and commission as a notary public. The application must
comply with all of the following:
(1) Be made to the department on a form prescribed by the department.
(2) Be accompanied by a nonrefundable fee of $42, payable to the Common-
wealth of Pennsylvania. This amount shall include the application fee for no-
tary public commission and fee for filing of the bond with the department.
(3) (Deleted by amendment.)
(c) Oath or affirmation.--Upon appointment and before issuance of a commission as
a notary public, an applicant must execute an oath or affirmation of office.
(d) Bond.--
(1) Within 45 days after appointment and before issuance of a commission as
a notary public, the applicant must obtain a surety bond in:
(i) the amount of $10,000; or
(ii) the amount set by regulation of the department.
(2) (Reserved).

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76 Notary Education
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(3) The bond must:


(i) be executed by an insurance company authorized to do business in
this Commonwealth;
(ii) cover acts performed during the term of the notary public commis-
sion; and
(iii) be in the form prescribed by the department.
(4) If a notary public violates law with respect to notaries public in this Com-
monwealth, the surety or issuing entity is liable under the bond.
(5) The surety or issuing entity must give 30 days' notice to the department
before canceling the bond.
(6) The surety or issuing entity shall notify the department not later than 30
days after making a payment to a claimant under the bond.
(7) A notary public may perform notarial acts in this Commonwealth only
during the period in which a valid bond is on file with the department.
(d.1) Official signature.--
(1) The official signature of each notary public shall be registered, for a fee of
50¢, in the "Notary Register" provided for that purpose in the prothonotary's
office of the county where the notary public maintains an office within:
(i) 45 days after appointment or reappointment; and
(ii) 30 days after moving to a different county.
(2) In a county of the second class, the official signature of each notary public
shall be registered in the office of the clerk of courts within the time periods
specified in paragraph (1).
(d.2) Recording and filing.--
(1) Upon appointment and prior to entering into the duties of a notary public,
the bond, oath of office and commission must be recorded in the office of the
recorder of deeds of the county in which the notary public maintains an of-
fice.
(2) Upon reappointment, the bond, oath of office and commission must be
recorded in the office of the recorder of deeds of the county in which the no-
tary public maintains an office.
(3) Within 90 days of recording under this subsection, a copy of the bond and
oath of office must be filed with the department.
(e) Issuance.--On compliance with this section, the department shall issue to an ap-
plicant a commission as a notary public for a term of four years.
(f) Effect.--
(1) A commission to act as a notary public authorizes a notary public to per-
form notarial acts. If a notary public fails to comply with subsection (d.1) or
(d.2), the notary public's commission shall be null and void.
(2) A commission to act as a notary public does not provide a notary public
any immunity or benefit conferred by law of this Commonwealth on public
officials or employees.
§ 322. Examination, basic education and continuing education.
(a) Examination.--An applicant for a commission as a notary public who does not
hold a commission in this Commonwealth must pass an examination administered
by the department or an entity approved by the department. The examination must
be based on the course of study described in subsection (b).

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(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
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(b) Administrative Agency Law.--Action by the department under subsection (a) or


(a.1) is subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and 7 Subch. A (relating to judicial review of Common-
wealth agency action).
(c) Other remedies.--The authority of the department under this section does not
prevent a person from seeking and obtaining other criminal or civil remedies pro-
vided by law.
(d) Investigations and hearings.--
(1) The department may issue a subpoena, upon application of an attorney re-
sponsible for representing the Commonwealth in disciplinary matters before
the department, for the purpose of investigating alleged violations of the dis-
ciplinary provisions administered by the department.
(2) In an investigation or hearing, the department, as it deems necessary, may
subpoena witnesses, administer oaths, examine witnesses, take testimony and
compel the production of documents.
(3) The department may apply to Commonwealth Court under 42 Pa.C.S. §
761(a)(2) (relating to original jurisdiction) to enforce a subpoena under this
subsection.
(e) Other enforcement authority.--The department may initiate civil proceedings at
law or in equity to enforce the requirements of this chapter and to enforce regula-
tions or orders issued under this chapter. In addition, the department may request
the prosecution of criminal offenses to the extent provided by this chapter or as oth-
erwise provided by law relating to notaries public, notarial officers or notarial acts,
in the manner provided by the act of October 15, 1980 (P.L.950, No.164), known as
the Commonwealth Attorneys Act.
(f) Criminal penalties applicable.--The following apply:
(1) Except as provided in this chapter or otherwise provided by law, it is un-
lawful for a person to hold himself out as a notary public or as a notarial offi-
cer or to perform a notarial act.
(2) Falsely pretending to be a notary public or a notarial officer and perform-
ing any action in furtherance of such false pretense shall subject the person to
the penalties set forth in 18 Pa.C.S. § 4913 (relating to impersonating a notary
public or a holder of a professional or occupational license).
(3) The use of an official stamp by a person who is not a notary public named
on the stamp shall constitute a violation of 18 Pa.C.S. § 4913.
(4) Except as provided in paragraph (2) or (3), any person violating this chap-
ter or a regulation of the department commits a summary offense and shall,
upon conviction, be sentenced to pay a fine of not more than $1,000.
§ 324. Database of notaries public.
The department shall maintain an electronic database of notaries public:
(1) through which a person may verify the authority of a notary public to per-
form notarial acts; and
(2) which indicates whether a notary public has notified the department that
the notary public will be performing notarial acts on electronic records.

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§ 325. Prohibited acts.


(a) No authority.--A commission as a notary public does not authorize the notary
public to:
(1) assist persons in drafting legal records, give legal advice or otherwise
practice law;
(2) act as an immigration consultant or an expert on immigration matters;
(3) represent a person in a judicial or administrative proceeding relating to
immigration to the United States, United States citizenship or related matters;
or
(4) receive compensation for performing any of the activities listed in this sub-
section.
(b) False advertising.--A notary public may not engage in false or deceptive advertis-
ing.
(c) Designation.--
(1) Except as set forth in paragraph (2), a notary public may not use the term
"notario" or "notario publico."
(2) Paragraph (1) does not apply to an attorney at law.
(d) Representations.--
(1) Except as set forth in paragraph (2), the following apply:
(i) A notary public may not advertise or represent that the notary pub-
lic may:
(A) assist persons in drafting legal records;
(B) give legal advice; or
(C) otherwise practice law.
(ii) If a notary public advertises or represents that the notary public of-
fers notarial services, whether orally or in a record, including broadcast
media, print media and the Internet, the notary public shall include the
following statement, or an alternate statement authorized or required
by the department, in the advertisement or representation, promi-
nently and in each language used in the advertisement or representa-
tion:
I am not an attorney licensed to practice law in this Commonwealth.
I am not allowed to draft legal records, give advice on legal matters,
including immigration, or charge a fee for those activities.
(iii) If the form of advertisement or representation is not broadcast
media, print media or the Internet and does not permit inclusion of the
statement required by this subsection because of size, it shall be dis-
played prominently or provided at the place of performance of the no-
tarial act before the notarial act is performed.
(2) Paragraph (1) does not apply to an attorney at law.
(e) Original records.--Except as otherwise allowed by law, a notary public may not
withhold access to or possession of an original record provided by a person that
seeks performance of a notarial act by the notary public.
(f) Crimes Code.--There are provisions in 18 Pa.C.S. (relating to crimes and offenses)
which apply to notaries public.

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80 Notary Education
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§ 326. Validity of notarial acts.


(a) Failures.--Except as otherwise provided in section 304(b) (relating to authority to
perform notarial act), the failure of a notarial officer to perform a duty or meet a re-
quirement specified in this chapter does not invalidate a notarial act performed by
the notarial officer.
(b) Invalidation.--The validity of a notarial act under this chapter does not prevent
an aggrieved person from seeking to invalidate the record or transaction which is
the subject of the notarial act or from seeking other remedies based on Federal law
or the law of this Commonwealth other than this chapter.
(c) Lack of authority.--This section does not validate a purported notarial act per-
formed by an individual who does not have the authority to perform notarial acts.
§ 327. Regulations.
(a) Authority.--Except as provided in section 329.1(a)(relating to fees of notaries pub-
lic), the department may promulgate regulations to implement this chapter. Regula-
tions regarding the performance of notarial acts with respect to electronic records
may not require or accord greater legal status or effect to the implementation or ap-
plication of a specific technology or technical specification. Regulations may:
(1) Prescribe the manner of performing notarial acts regarding tangible and
electronic records.
(2) Include provisions to ensure that any change to or tampering with a
record bearing a certificate of a notarial act is self-evident.
(3) Include provisions to ensure integrity in the creation, transmittal, storage
or authentication of electronic records or signatures.
(4) Prescribe the process of granting, renewing, conditioning, denying, sus-
pending or revoking a notary public commission and assuring the trustwor-
thiness of an individual holding a commission as notary public.
(5) Include provisions to prevent fraud or mistake in the performance of no-
tarial acts.
(6) Establish the process for approving and accepting surety bonds under sec-
tion 321(d) (relating to appointment and commission as notary public; qualifi-
cations; no immunity or benefit).
(7) Provide for the administration of the examination under section 322(a) (re-
lating to examination, basic education and continuing education) and the
course of study under section 322(b).
(7.1) Require applicants for appointment and commission as notaries public
to submit criminal history record information as provided in 18 Pa.C.S. Ch. 91
(relating to criminal history record information) as a condition of appoint-
ment.
(8) Include any other provision necessary to implement this chapter.
(b) Considerations.--In promulgating regulations about notarial acts with respect to
electronic records, the department shall consider, so far as is consistent with this
chapter:
(1) the most recent standards regarding electronic records promulgated by na-
tional bodies, such as the National Association of Secretaries of State;
(2) standards, practices and customs of other states which substantially enact
the Revised Uniform Law on Notarial Acts; and
(3) the views of governmental officials and entities and other interested per-
sons.
Pennsylvania Association of Notaries
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§ 328. Notary public commission in effect.


A commission as a notary public in effect on the effective date of this chapter contin-
ues until its date of expiration. A notary public who applies to renew a commission
as a notary public on or after the effective date of this chapter is subject to this chap-
ter. A notary public, in performing notarial acts after the effective date of this chap-
ter, shall comply with this chapter.
§ 329. Savings clause.
This chapter does not affect the validity or effect of a notarial act performed before the
effective date of this chapter.
§ 329.1. Fees of notaries public.
(a) Department.--The fees of notaries public shall be fixed by the department by regu-
lation.
(b) Prohibition.--A notary public may not charge or receive a notary public fee in excess
of the fee fixed by the department.
(c) Operation.--
(1) The fees of the notary public shall be separately stated.
(2) A notary public may waive the right to charge a fee.
(3) Unless paragraph (2) applies, a notary public shall:
(i) display fees in a conspicuous location in the place of business of the
notary public; or
(ii) provide fees, upon request, to a person utilizing the services of the
notary public.
(d) Presumption.--The fee for a notary public:
(1) shall be the property of the notary public; and
(2) unless mutually agreed by the notary public and the employer, shall not be-
long to or be received by the entity that employs the notary public.
§ 330. Uniformity of application and construction.
In applying and construing this chapter, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among states that
enact it.
§ 331. Relation to Electronic Signatures in Global and National Commerce Act.
To the extent permitted by section 102 of the Electronic Signatures in Global and Na-
tional Commerce Act (Public Law 106-229, 15 U.S.C. § 7002), this chapter may mod-
ify or supersede provisions of that act.
2013, Oct. 9, P.L. 609, No. 73, § 2, effective 180 days after published notice of 57
Pa.C.S.A. § 322 course approval. Amended 2014, July 9, P.L. 1035, No. 119, § 1, effec-
tive 180 days after published notice of 57 Pa.C.S.A. § 322 course approval.
The remaining sections of Act 73:
Section 3. Repeals are as follows:
(1) The General Assembly declares that the repeals under paragraph (2) are nec-
essary to effectuate the addition of 57 Pa.C.S. Ch. 3.
(2) The following acts and parts of acts are repealed:
(i) The act of May 24, 1917 (P.L.270, No.147), entitled "An act to validate
affidavits, acknowledgments, and other notarial acts, heretofore per-

Pennsylvania Association of Notaries


82 Notary Education
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formed by notaries public of this Commonwealth within three months


after the expiration of the time for which they have been commissioned
to act."
(ii) The act of March 14, 1919 (P.L.18, No.9), entitled "An act conferring
upon judge advocates of the United States Army the powers of notaries
public, declaring the effect thereof; validating notarial acts heretofore
performed by judge advocates, and declaring the effect thereof."
(iii) Section 618-A(1)(i) of the act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929.
(iv) The act of June 1, 1933 (P.L.1150, No.286), entitled "A supplement to
an act, approved May sixth, one thousand nine hundred and thirty-one
(Pamphlet Laws, ninety-nine), entitled 'An act to amend section seven
of the act, approved the fifth day of March, one thousand seven hundred
and ninety-one (three Smith's Laws, six), entitled "An act to enable the
Governor to appoint Notaries Public, and for other purposes therein
mentioned," prescribing the form of notary seal,' by providing that the
presence of the arms of this Commonwealth on the seal of a notary public
reappointed after the effective date of the act to which this is a supple-
ment, and prior to the effective date of this act, shall not invalidate said
seal, or the notarial acts, instruments or attestations authenticated by
such seal."
(v) The act of May 25, 1939 (P.L.223, No.125), entitled "An act relating to
the administration of oaths, by notaries public, magistrates, alderman
and justices of the peace; and validating certain oaths heretofore taken."
(vi) The act of July 24, 1941 (P.L.490, No.188), known as the Uniform Ac-
knowledgment Act.
(vii) The act of July 28, 1953 (P.L.676, No.211), entitled "An act authorizing
acknowledgments and affidavits by persons on active duty with the
armed forces of the United States before persons authorized by act of
Congress to act as notaries public; and validating certain acknowledg-
ments and affidavits."
(viii) The act of August 19, 1953 (P.L.1104, No.301), entitled "An act relat-
ing to the acknowledgment of instruments, the attestation of documents,
the administration of oaths and affirmations, the execution of depositions
and affidavits, and other notarial acts, heretofore or hereafter taken be-
fore any commissioned officer of the armed forces of the United States,
and providing that such instruments and documents executed by any
person who is a member of or actually present with the armed forces of
the United States or is outside the United States for certain purposes shall
be legal, valid and binding, and providing for the form of the instrument
or document and what proof shall be sufficient of the authority of such
commissioned officer so to act."
(ix) The act of August 21, 1953 (P.L.1323, No.373), known as The Notary
Public Law.
(x) The act of December 13, 1955 (P.L.848, No.251), entitled "An act pro-
viding for the revocation of commission of notaries public issuing checks
without funds on deposit."

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Notary Education 83
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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.

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