Pennsylvania - U.S. Notary Reference

Last Update: April 22, 2024

QUICK FACTS

Notary Jurisdiction

Statewide (57 Pa.C.S. 310[a][4]).

Notary Term Length

Four years (57 Pa.C.S. 321[e]).

Notary Bond

$10,000 (57 Pa.C.S. 321[d][3]).

Notary Seal

Required (57 Pa.C.S. 317).

Notary Journal

Required (57 Pa.C.S. 319[a]).

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ADMINISTRATION AND RULES

Commissioning and Regulating Official

The Secretary of the Commonwealth appoints, commissions, regulates and maintains records on Pennsylvania’s Notaries (57 Pa.C.S. 320, 321, 323, 327).

Contact Information

1. Address: Department of State
   Bureau of Elections and Notaries
   210 North Office Building
   Harrisburg, PA 17120-0029

2. Phone: 717-787-5280

3. Website: https://www.dos.pa.gov/OtherServices/Notaries/Pages/default.aspx

Laws, Rules and Guidelines

1. Statutes: Most Notary rules are in the Pennsylvania Consolidated Statutes (Pa.C.S.) Title 57, Chapter 3, “Revised Uniform Law on Notarial Acts” (Sections 57 Pa.C.S. 301 through 57 Pa.C.S. 331) as enacted by Act No. 73 of 2013 and amended by Act No. 119 of 2014.
   Additional statutes may be found in the Pennsylvania Unconsolidated Statutes (PS).

2. Regulations: Additional rules are in the Pennsylvania Code (Pa. Code) Title 4, Chapter 161, “Fees” and Title 4, Chapter 165, “Notaries Public”

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COMMISSION AND APPPOINTMENT

Commission Process

1. Qualifications: An applicant for a commission as a Pennsylvania Notary Public must (57 Pa.C.S. 321[a]):
   (a) be at least 18 years old,
   (b) be a citizen or permanent legal resident of the United States,
   (c) be a resident of or have a place of employment or practice in the Commonwealth,
   (d) be able to read and write English,
   (e) not be disqualified to receive a commission under 57 Pa.C.S. 323,
   (f) have passed the examination required under 57 Pa.C.S. 322(a), and
   (g) comply with other requirements established by the department by regulation as necessary.
   A member of the U.S. Congress, and a person holding an office or appointment of profit or trust under the legislative, executive or judiciary departments of the federal government for which he or she receives a salary, fees or perquisites and any member of the General Assembly of Pennsylvania is not eligible to hold a Notary commission (website, Becoming a Notary and Notary Services).

2. Course: Each applicant for a new commission must complete an approved basic education course of at least three hours within six months immediately preceding application. Applicants for reappointment must take a basic education or continuing education course of at least three hours within six months preceding application for reappointment (57 Pa.C.S. 322). The course must be comprised of either interactive or classroom instruction. A list of “Notary Education Providers” is available on the website.

3. Exam: “After the Department’s review and approval of their notary application, applicants who are required to take the examination will be provided with information via email on Pearson VUE’s testing procedures and sites. The examination will be a computer-based test offered at Pearson VUE test centers in nearly all Pennsylvania counties. The cost of the examination is $65 per test. Notary applicants have six months from the time they are authorized to sit for the examination to successfully pass the test. They may take it as many times as needed within the six-month period. Examination results will be electronically reported to the Department by Pearson VUE. Applicants successfully completing the examination will be appointed as notaries public by the Department. Applicants who are unable to pass the examination within six months will be required to retake the basic education course and reapply for appointment and commission to the Department” (website, “Examination Requirement”).

4. Application: Effective January 5, 2015, applications no longer must be endorsed by the state senator of the district in which the applicant resides or (if a nonresident) is employed. Evidence of successful completion of an approved basic or continuing education course must accompany the application, along with a $42 fee payable to the “Commonwealth of Pennsylvania.” The Department of State encourages applications to be submitted online for both initial and renewal submissions; online applicants may upload their mandatory Notary education course completion certificate, as well as any other documentation required to process the application. “However, if you are unable to enter or upload all the required information in one session, your online application data will not be saved. Therefore, please ensure that you have all the [required] information and documentation … before using the Online Notary Public Application System” (website, “Apply Online”). According to the Department, applications may be downloaded from the Department’s website or by calling 717-787-5280 (website, “Application Information”). Completed applications, filing fee and proof of education should be sent to the address listed under “Contact Information,” above.
   “Upon appointment, the Department of State will send notice of appointment to the applicant, with further instructions and an official bond and oath form to be executed by the applicant. These materials will be sent to the applicant’s employer/business address as provided on the application” (website, “Becoming a Notary and Notary Services”).

5. Background Screening: The regulations to implement 57 Pa.C.S. Chapter 3 “may… 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 appointment.” (57 Pa.C.S 327[a][7.1]) The Department has not adopted regulations to implement this provision.

6. County Filing: The new commission is sent to the recorder of deeds in the county where the appointee maintains an office. Within 45 days after appointment, the appointee must obtain a $10,000 bond, register a signature with the prothonotary of the county or recorder of deeds, take and subscribe an oath of office, and record the bond, commission and oath with the county recorder of deeds. (In counties of the second class, the official signature is registered in the office of the clerk of courts.) Before taking the oath of office or registering an official signature, an appointee must present satisfactory evidence of identity (see “Identification” below). Once these requirements are met, the recorder of deeds delivers the new commission to the Notary.
   If an appointee fails to make the required filings within 45 days after appointment, the commission is null and void and the appointee may reapply for reappointment by submitting another application, application fee and evidence of completion of a basic or continuing education course (57 Pa.C.S. 321[f][1]).

7. Nonresidents: Nonresidents may apply for a Notary commission if they have a place of employment or practice in Pennsylvania (57 Pa.C.S. 321[a]).

8. Reappointment: Applicants for reappointment, must meet all of the same requirements as for initial appointment. Renewing applicants are not required to retake the mandatory examination unless they let their commission expire before applying for reappointment. If they do apply after their current commission expires, they are treated like an initial applicant for a commission and must take the examination.

9. No Immunity or Benefit: A commission to act as a Notary does not provide any immunity or benefit conferred by Pennsylvania law on public officials or employees (57 Pa.C.S. 321[f][2]).

10. PennDOT: Notaries who wish to be able to process certain Pennsylvania Department of Transportation (PennDOT) documents, such as titles, registrations and tags, must register with the Regulated Client Services Section of PennDOT’s Dealer Agent Services Unit (1101 S. Front St., Harrisburg, PA 17104, telephone [717] 705-1101).

Notification to Perform In-Person Electronic and Remote Notarial Acts

1. Requirement:

   1. In-Person Electronic Notarial Acts: “(1) Before a notary public performs the initial notarial act with respect to an electronic 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 technology 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” (57 Pa.C.S. 320[b]).

   2. Remote Notarial Acts: “Before a notary public performs the notary public’s initial notarial act under this section, the notary public must notify the department that the notary public will be performing notarial acts facilitated by communication technology and identify the technology” (57 Pa.C.S. 306.1[f][1]).

2. Application: An application and instructions for applying to perform in-person electronic and remote notarial acts may be found on the Department of State’s website (website, “Resources” > “Electronic Notarization” > “Electronic Notary Public Application and Instructions”). These steps are reproduced verbatim below.

   1. Step 1 The duly appointed and commissioned notary public in the Commonwealth of
      Pennsylvania who holds a current and unrestricted commission completes the
      Electronic Notary Public Application and submits it to the Department of State’s
      Bureau of Elections and Notaries (Bureau). The application is available only on
      the Department’s website at https://www.notaries.pa.gov (Link to ENotary
      Services/Application). The same form is used for electronic notaries and remote
      notaries.

   2. Step 2 The Bureau processes the electronic/remote notary application. The approved
      applicant will be notified by an email from the Bureau, authorizing the notary to
      act as an electronic or remote notary until the end of the notary public’s current
      four-year commission. At this time, all communications state “electronic
      notarization,” regardless if remote notarization capabilities are sought.
      Step 3 The approved electronic notary will go to the Department of State’s website at
      https://www.notaries.pa.gov to select approved electronic/remote notary
      technology provider(s) (link to ENotary Services/Select Vendors). The
      electronic/remote notary may select more than one approved electronic/remote
      notary technology providers from the List of Approved Electronic and Remote
      Notarization Technology Providers.

   3. Step 4 The Bureau notifies the selected electronic/remote notarization technology
      provider(s) that the Pennsylvania notary is authorized to receive an
      electronic/remote notary technology and has selected their technology.

   4. Step 5 The notary and the selected electronic/remote notary technology provider work
      together directly to obtain and pay for an electronic/remote notary technology.

   5. Step 6 Once an electronic/remote notary technology has been issued to the notary by
      the approved technology vendor, the technology provider will notify the
      Department of State through https://www.notaries.pa.gov (Partner
      Login/Keystone Login) and the notary’s record with the Department will be
      updated showing that particular electronic/remote notary technology has been
      issued to that notary. The notary will show as “e-notary capable” on the
      Department’s searchable public database when the technology vendor notifies
      the Department that it has given the notary authorization to use its services. The
      term “e-notary capable” on the Department’s database means that the notary has
      been authorized to use either an electronic notary solution or a remote notary
      solution or both.
      The notary may now use the selected electronic/remote notary technology until
      the end of the notary’s current four-year commission or for a lesser period as
      necessitated by the particular electronic/remote notary technology, whichever is
      shorter.
      Steps 1-6 are repeated at the beginning of each four-year commission.

Online Search

The Department of State’s database of Notaries is searchable by the Notary’s name or commission ID number, or the street and general location of the Notary. The record includes the Notary’s registration to perform notarial acts on electronic records, if any (see website, “Search Notaries”).

Jurisdiction

Pennsylvania Notaries may perform notarial acts statewide (57 Pa.C.S. 310[a][4]).

“A Pennsylvania notary public's authority extends to all counties in the Commonwealth. A notary holding a commission issued by the Pennsylvania Department of State may notarize at any location in the Commonwealth. A Pennsylvania notary may not perform notarial acts outside this state” (website, “Powers of a Notary Public”).

Term Length

Pennsylvania Notaries are commissioned for four-year terms (57 Pa.C.S. 321[e]).

Bond

The amount of the Notary surety bond in Pennsylvania is $10,000 and must be executed by an insurance company authorized to do business in Pennsylvania (57 Pa.C.S. 321[d][3]).

Changes of Status

1. Address Change: “A notary public must notify the Department within 30 days of any change in the information on file with the Department, including the notary public’s office address or home address.
   “Notice of a change in address must be made in writing or by email and must state the effective date of the change. The Department has developed a Change of Address form to assist notaries to comply.
   “RULONA requires that the notary register his or her official signature in the prothonotary’s office of the county where the notary public maintains an office. Where a notary public moves the notary’s office address to a different county, the notary must register the notary’s official signature in the prothonotary’s office of the new county within 30 days of moving into the new county” (website, “Update Information”).
   “In counties of the second class (i.e., Allegheny County), such signature shall also be registered in the clerk of courts’ office within said period” (57 Pa.C.S. 155).
   Address change forms are available on the website, both “printable” and online; one of these must be used. “If a notary public neither resides nor works in the Commonwealth, that notary public shall be deemed to have resigned from the office of notary public as of the date the residency ceases or employment within the Commonwealth terminates. A notary public who resigns that notary’s commission in accordance with this subsection shall notify the Secretary of the Commonwealth in writing of the effective date of the resignation” (57 Pa.C.S. 153[b]; see also “Resignation,” below).

2. Name Change: “A notary public must notify the Department within 30 days of any change in the information on file with the Department, including the notary public’s legal name.
   “Notice of a change in name must be on a form prescribed by the Department and accompanied by evidence of the name change (such as a marriage certificate, court order or divorce decree).
   “Following notification to the Department, the notary may use the new name or continue to perform notarial acts in the name in which the notary was commissioned until the expiration of the notary’s term. However, before using the new name on notarial work, the notary public must register the new signature with the prothonotary’s office of the county where the notary’s office address is located and purchase a new rubber stamp seal. Application for reappointment must be made in the new name” (website, “Update Information”).

3. Resignation: “Resigning notaries public, as well as those whose commissions have expired or been revoked, pursuant to 57 Pa.C.S. § 319(e), must deliver their journal to the office of the recorder of deeds in the county where the notary public last maintained an office within 30 days of:
   “(1) expiration of the commission of the notary public, unless the notary public applies for a commission within that time period;
   “(2) resignation of the commission of the notary public.” (website, “Update Information”).

4. Incompetency or Death of Notary: Within 30 days of the Notary’s death or adjudication of incompetency, the Notary’s personal representative or anyone knowingly in possession of the Notary’s journal or register must deliver it to the recorder of deeds of the county in which the Notary maintained a business address, and the Notary’s stamping device must be destroyed (57 Pa.C.S. 318[a][3] and 319[g]).

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NOTARIAL ACTS

Authorized Acts

1. Notarial Acts: Pennsylvania Notaries are authorized to perform the following notarial acts (57 Pa.C.S. 302[4]):

   1. Take acknowledgments;

   2. Administer oaths and affirmations;

   3. Take verifications upon oath or affirmation;

   4. Witness or attest signatures;

   5. Certify copies and depositions;

   6. Note protests;

   7. Perform certain functions related to motor vehicle titles.

2. In-Person Electronic and Remote Notarial Acts: Pennsylvania Notaries who have notified the Department of State that they will be performing technology-based notarial acts may perform the notarial acts listed above electronically and remotely.

Acknowledgments

1. Definition: An acknowledgment is “[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” (57 Pa.C.S. 302).
   “‘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” (57 Pa.C.S. 302).

2. Requirements: “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 acknowledgment has the identity claimed.
   “(2) The signature on the record is the signature of the individual (57 Pa.C.S. 305[a]).

3. Attorney at Law Acknowledgment: Pennsylvania has a procedure for an attorney at law acknowledging a record for a client (42 Pa.C.S. 327) and a short form certificate of acknowledgment for this act (57 Pa.C.S. 316[2.1]). See “Certificate of Notarial Act” below.

Oaths and Affirmations

1. Definition: “‘Oath.’ Includes affirmation” (1 Pa.C.S. 1191).
   “‘Sworn.’ Includes affirmed” (1 Pa.C.S. 1191).
   “An oath is a formal declaration or promise to perform an act faithfully and truthfully or an affirmation of the truth of a statement. Oaths are usually given for three purposes: (1) that a statement is the truth; (2) that the testimony he or she will be giving will be the truth; (3) that he or she will faithfully perform the duties of a public office” (website, “Sample Notary Public Statements”).
   The following oath wording is suggested for (a) affidavits and for (b) oral testimony (website, “Sample Notary Public Statements”):
   “Notary: “Do you solemnly swear that the statements contained in this affidavit are true to the best of your knowledge and belief?
   “Affiant: I do.
   “Notary: “Do you solemnly swear that the testimony that you are about to give will be the truth, the whole truth, and nothing but the truth?
   Witness: I do.”

Verifications

1. Definitions: A verification on oath or affirmation is “[a] declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true. The term includes an affidavit” (57 Pa.C.S. 302).
   “‘Affidavit.’ A statement in writing of a fact or facts signed by the party making it, sworn to or affirmed before an officer authorized by the laws of this Commonwealth to take acknowledgments of deeds, or authorized to administer oaths, or before the particular officer or individual designated by law as the one before whom it is to or may be taken, and officially certified to in the case of an officer under his seal of office” (1 Pa.C.S. 1191).
   “‘Verified.’ When used in reference to writings, means supported by oath or affirmation” (1 Pa.C.S. 1191).

2. Requirements: “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” (57 Pa.C.S. 305[b]).

Signature Witnessings

Requirements: “A notarial officer who witnesses or attests to a signature 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 signing the record has the identity claimed.
“(2) The signature on the record is the signature of the individual” (57 Pa.C.S. 305[c]).

Copy Certifications

1. Requirements: “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 transcription or reproduction of the record or item” (57 Pa.C.S. 305[d]).
   “Pennsylvania Notaries public may not certify certain Federal, State or County records. Only the agencies where these records are filed may certify copies, because they alone hold the original documents or records. This would include the following types of documents:
   • Birth records
   • Death records
   • Marriage records
   • Corporate records, i.e. Articles of Incorporation” (website, “Sample Notary Public Statements”)

2. Paper Printout of Electronic Record: “A notarial officer may certify that a tangible copy of an electronic record is a true and correct copy of the electronic record” (57 Pa.C.S. 304[c]).

Depositions

1. Definition: “A deposition is an involuntary sworn statement made by a witness for use in legal proceedings” (website, “Sample Notary Public Statements”).

2. Requirements: “In taking a deposition, the notary public should first make sure the witness is sworn in.... The notary should then personally record or supervise the recording of the testimony of the witness. After the testimony is transcribed, the notary should let the witness read and sign the transcribed copy of the deposition. The notary then certifies that the witness was sworn and that this document is a true and record of the witness’ testimony. The deposition should be sealed in an envelope and filed with the court or sent to the prothonotary for filing.
   “If a videotaped deposition is requested, the notary should make sure the witness is sworn. However, it is unnecessary to have a stenographic transcript and the witness’ signature. The videotape should be given to the attorney for the party requesting the deposition” (website, “Sample Notary Public Statements”).

Protests

1. Definition: “A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties” (13 Pa.C.S. 3505[b]).

2. Requirements: “A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in 13 Pa.C.S. § 3505(b) (relating to evidence of dishonor)” (57 Pa.C.S. 305[e]).

Motor Vehicle Attestations

The role of Pennsylvania Notaries who are qualified to process paperwork related to the title and transfer of motor vehicles is beyond the scope of this publication. Notaries interested in performing such duties may inquire with the Pennsylvania Department of Transportation (PennDOT) at the Regulated Client Services Section of PennDOT’s Dealer Agent Services Unit (1101 S. Front St., Harrisburg, PA 17104).

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STANDARDS OF PRACTICE

Personal Appearance

1. Notarial Acts: “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 before the notarial officer” (57 Pa.C.S. 306]).
   “All notarial acts (with the exception of certifying or attesting a copy or deposition), require that the individual making the statement or executing the signature must appear personally before the notary public and that the notary public must have personal knowledge or satisfactory evidence of the identity of the individual.
   “In other words, the customer must be physically present before the notary public when the notarial act is executed. The notary public must be able to observe and interact with the individual making the statement or executing the signature. The notary public and the individual for whom a notarial act is being performed must be able to see, hear, communicate with and give identification documents to each other without the use of electronic devices such as telephones, computers, video cameras or facsimile machines. Personal appearance does not include appearance by video or audio technology, such as Skype or FaceTime” (website, “Powers of a Notary Public”).

2. Oaths/Affirmations and Copy Certifications: “It is the Department's interpretation of section 306 of the Revised Uniform Law on Notarial Acts (RULONA) that neither a certified copy nor a purely oral oath or affirmation relates to a statement made in or a signature executed on a record. Therefore, these two notarial acts do not require personal appearance before a notary public or identification of the individual taking the oath or requesting the certified copy/deposition. Pennsylvania notaries who certify or attest a copy or deposition and/or administer a purely oral oath or affirmation, such as a testimonial oath in legal proceedings, may perform these acts for remotely located customers without becoming a remote notary. This [guidance regarding 57 Pa.C.S. 306] does not apply to the notarial act of administering a written oath or affirmation, where the oath also is signed by the customer. An example of a written oath is the notary public oath of office, which taken by the notary before entering into the duties of the office, reduced to writing and signed on the bond form and recorded” (website, “Guidance for Pennsylvania Notaries Who Are Court Reporters”).

3. Remote Notarial Acts: “A remotely located individual may comply with section 306 (relating to personal appearance required) by appearing before a notary public by means of communication technology” (57 Pa.C.S. 306.1[a]).

Identification

1. Notarial Acts

   1. 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 certainty that the individual has the identity claimed” (57 Pa.C.S. 307[a]).

   2. Satisfactory Evidence: 57 Pa.C.S. 307(b) states that a notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the officer can identify the individual by
      (1) Documentary identification consisting of a current and unexpired passport, driver’s license or government-issued nondriver identification card, or another form of government identification which is current, contains the signature or a photograph of the individual, and is satisfactory to the officer; or
      (2) by a verification on oath or affirmation of a credible witness personally appearing before the officer and personally known to the officer. Each form of satisfactory evidence is discussed below.

   3. Additional Information or Credentials: “A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the notarial officer of the identity of the individual” (57 Pa.C.S. 370[c]).

2. Remote Notarial Acts

   1. Definition: “'Identity proofing.' A process or service by which a third person provides a notary public with a means to verify the identity of a remotely located individual by a review of personal information from public or private data sources” (57 Pa.C.S. 306.1[i]).

   2. Requirement: “A notary public located in this Commonwealth may perform a notarial act facilitated by communication technology for a remotely located individual if … [t]he notary public:
      ”(i) has personal knowledge under section 307(a) (relating to identification of individual) of the identity of the individual;
      ”(ii) has satisfactory evidence of the identity of the remotely located individual by oath or affirmation from a credible witness appearing before the notary public under section 307(b)(2) or under this section; or
      ”(iii) is able to reasonably identify the individual by at least two different types of identity proofing processes or services” (57 Pa.C.S. 306.1[b][1]).

Refusal of Services

1. Specific Grounds: “A notarial officer may refuse to perform a notarial act if the notarial 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 individual; or
   “(4) the physical appearance of the individual signing the record or statement substantially conforms to the photograph on a form of identification used to determine the identity of the individual (57 Pa.C.S. 308[a]).

2. General Grounds: “A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than [57 Pa.C.S. Chapter 3]” (57 Pa.C.S. 308[b]).

3. Discrimination Prohibited: “A notary public may refuse to perform a notarial act unless such refusal is prohibited by law. A notary public may not refuse to provide notarial services on the basis of a customer’s race, color, National origin, religion, sexual orientation, gender identity (including pregnancy), disability or marital status” (website, Powers of a Notary Public”).

Disqualifying Interest

1. Personal or Spouse: “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” (57 Pa.C.S. 304[a][1]).

2. Powers of Attorney: Effective January 1, 2015, Notaries may not take the acknowledgment of a power of attorney if they are named as an agent in or are a witness to the signing of that power of attorney (20 Pa.C.S. 5601[b][3]).

3. Exceptions: “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 notarized 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 benefits 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” (57 Pa.C.S. 304[a][2]).

4. Act Voidable: “A notarial act performed in violation of [57 Pa.C.S. 304(b)] is voidable” (57 Pa.C.S. 304[b][3]).

Unauthorized Practice of Law

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 subsection” (57 Pa.C.S. 325[a]).

False or Deceptive Advertising

1. General Prohibition: “A notary public may not engage in false or deceptive advertising” (57 Pa.C.S. 325[b]).

2. ‘Notario Publico’: “[A] notary public may not use the term ‘notario’ or ‘notario publico’” (57 Pa.C.S. 325[d][1]). Attorneys are exempt from this provision (57 Pa.C.S. 325[c][2]).
   “There has been some confusion in the marketplace when the term “notary public” is translated into a foreign language. For example, “notario público” is the literal translation of the English words “notary public” into Spanish and yet it has a different meaning that can impact the perception of the public. In most Latin American and Spanish-speaking countries, “notario público” means that the individual with this title is an attorney authorized to practice law and give legal advice. However, in the United States, a notary public is not a licensed attorney authorized to practice law and therefore may not give legal advice (unless the notary public also happens to be an attorney)” (website, “Resources” > “Notario Público, the Practice of Law and Advertising”).

3. Prohibited Representation: “[A] notary public may not advertise or represent that the notary public may:
   “(A) assist persons in drafting legal records;
   “(B) give legal advice; or
   “(C) otherwise practice law” (57 Pa.C.S. 325[d][1]).
   Attorneys are exempt from these provisions (57 Pa.C.S. 325[d][2]).

4. Mandatory Notice: “If a notary public advertises or represents that the notary public offers 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, prominently and in each language used in the advertisement or representation: “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” (57 Pa.C.S. 325[d][1][ii]).
   “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 displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed” (57 Pa.C.S. 325[d][1][iii]).
   “‘Displayed prominently’ means that the statement must be in at least 10-point type and that the entire “I am not an attorney” statement must be displayed in an area open and accessible to the public at the place of performance of the notarial act” (website, “Resources” > “Notario Público, the Practice of Law and Advertising”).

In-Person Electronic Notarial Acts

1. Applicable Law

   1. Uniform Electronic Transactions Act: Pennsylvania has adopted an amended version of the Uniform Electronic Transactions Act (Act No. 69 of 1999), called the Electronic Transactions Act, including the following provision on notarization, thereby recognizing the validity of electronic signatures used by Notaries: “If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those services, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record” (73 P.S. 2260.307).

   2. Uniform Real Property Electronic Transactions Act: Pennsylvania has also adopted the Uniform Real Property Electronic Recording Act, signed into law as House Bill 970 on July 5, 2012, and effective on that date. The section on notarization states:
      “(1) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed or made under oath is satisfied if: (i) The electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. (ii) The act comports with the requirements of Chapters 1, 3 and 5 of the act of December 16, 1999 (P.L. 971, No. 69), known as the Electronic Transactions Act. (iii) With respect to notarizations, the act comports with the requirements and procedures of the act of August 21, 1953 (P.L. 1323, No. 373), known as The Notary Public Law, pertaining to electronic notarization, acknowledgment and verification.
      ”(2) A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature” (21 P.S. 483.3).

   3. Revised Uniform Law on Notarial Acts: Effective October 26, 2017, Pennsylvania enacted the Revised Uniform Law on Notarial Acts, putting in place basic statutory provisions enabling the performance of notarial acts with respect to electronic records. These provisions are summarized below.

2. Technology Systems

   1. Approval of System Providers: Required.

   2. List of Approved Systems: The Department of State maintains a listing of providers whose systems have been approved for use by Pennsylvania Notaries at https://prddos.pwpca.pa.gov/OtherServices/Notaries/E-Notary/Documents/Approved-E-Notary-and-RON-Vendor-List.pdf.

3. Tamper-Evident Technology: “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 notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected” (57 Pa.C.S. 320[a]).
   “A notary public must apply for e-notary status and select one or more Department-approved tamper-evident technologies to perform notarial acts with respect to electronic records” (website, “Summary of the Major Changes Instituted by RULONA”.
   A list of approved technology providers may be found on the Department of State’s website (website, “Resources” > “Electronic Notarization” > “List of Approved Electronic Notarization Solution Providers”).

4. Technology Neutrality: “[T]he department may promulgate regulations to implement this chapter. Regulations 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 application of a specific technology or technical specification” (57 Pa.C.S. 327[a]).

Remote Notarial Acts

1. Applicable Law: Effective October 29, 2020, Pennsylvania enacted the Revised Uniform Law on Notarial Acts amendments for notarial acts involving remotely located individuals, immediately authorizing statutory provisions for remote online notarization.

2. Technology Systems

   1. Approval of System Providers: Required.
      Section 4 of Act No. 97 (House Bill 2370 of 2020) states that Notaries must use communication technology and identity proofing designated in the Department of State's March 25, 2020, notice of limited suspension of the requirements of 57 Pa.C.S. 306 during the COVID-19 pandemic, or that is designated in a list of additional acceptable technologies subsequently adopted by the Department of State.
      “If the department has established standards for approval of communication technology or identity proofing under subsection (g) and section 327 (relating to regulations), the communication technology and identity proofing must conform to the standards” (57 Pa.C.S. 306.1[f][2]).
      “A notary public may use any other technology within 30 days of giving notice as required under 57 Pa.C.S. § 306.1(f)(1), unless the Department of State prohibits the use of the technology for good cause for failure to satisfy the requirements of 57 Pa.C.S. § 306.1 or determines that the use of the technology should be delayed pending an evaluation of the technology. This section shall expire upon the adoption of regulations by the Department of State as required by 57 Pa.C.S. § 306.1(g)(2)” (Act No. 97, Section 4).

   2. List of Approved Systems: The Department of State maintains a listing of providers whose systems have been approved for use by Pennsylvania Notaries at https://prddos.pwpca.pa.gov/OtherServices/Notaries/E-Notary/Documents/Approved-E-Notary-and-RON-Vendor-List.pdf.

3. Confirmation of Record: ”“A notary public located in this Commonwealth may perform a notarial act facilitated by communication technology for a remotely located individual if … [t]he notary public is able to reasonably identify a record before the notary public as the same record:
   ”(i) in which the remotely located individual made the statement; or
   ”(ii) on which the remotely located individual executed the signature” (57 Pa.C.S. 306.1[b][2]).

4. Audio-Visual Recording: For the requirement that a Notary create and maintain an audio-visual recording of each remote notarial act, see “Records of Notarial Acts,” below.

5. Remotely Located Individual Located Outside the U.S.: ”(4) If the remotely located individual is located outside the United States, all of the following apply:
   ”(i) The record:
   ”(A) is to be filed with or relates to a matter before a court, governmental entity, public official or other entity under the jurisdiction of the United States; or
   ”(B) involves:
   ”(I) property located in the territorial jurisdiction of the United States; or
   ”(II) a transaction substantially connected with the United States.
   ”(ii) The act of making the statement or signing the record is not prohibited by the foreign state where the remotely located individual is located” (57 Pa.C.S. 306.1[b][4]).

6. Regulations: “In addition to matters listed in [57 Pa.C.S.] section 327, the department shall promulgate regulations regarding performance of a notarial act performed under this section. The regulations shall do all of the following:
   ”(1) Prescribe the means of performing a notarial act involving communication technology to communicate with a remotely located individual.
   ”(2) Establish standards for communication technology and identity proofing. This paragraph includes the use of credential analysis, dynamic knowledge-based authentication, biometrics and other means of identification.
   ”(3) Establish requirements or procedures to approve providers of communication technology and the process of identity proofing.
   ”(4) Establish standards and periods for the retention of an audio-visual recording created under [57 Pa.C.S.] subsection (b)(3) of the performance of a notarial act” (57 Pa.C.S. 306.1[g]).

Withholding 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” (57 Pa.C.S. 325[e]).

Marriages

“Notaries public in Pennsylvania may not take an application for a marriage license, issue a marriage license, or perform a civil marriage ceremony” (website, “Powers of a Notary Public”).

Delegation of Powers

“Since a notary commission is granted to a particular individual, a notary public cannot delegate notarial authority to another person. A notary public’s commission is not transferable, even on a temporary basis. It is prohibited to permit another person to use your notary public commission and you must safeguard your seal at all times” (website, “Powers of a Notary Public”).

Validity of Notarial Acts

1. Failure of Notary: 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 requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. 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” (57 Pa.C.S. 326[a]).

2. Lack of Authority: “[57 Pa.C.S. 326] does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts” (57 Pa.C.S. 326[c]).

I-9 Forms

“The Department [of State] has been asked whether a notary public may complete Section 2 of the federal I-9 Employment Eligibility Verification forms…. However, the completion of Section 2 is NOT a notarial act and must not be completed under a notarial seal…. It requires an unsworn certification from the employer or the agent of the employer…. It should be clear that while a notary may sign on behalf of an employer, the notary does not do so in the capacity of a notary public under the notary public law (RULONA) but rather as an agent of the employer. Thus, the notary may convey that he or she is an agent for the employer in the ‘Title of Employer or Authorized Representative’ box in Section 2 of the I-9. However, no notary title or seal should be used to complete the I-9 as an authorized representative of the employer” (website, “Pennsylvania Notaries and Completion of I-9 Forms”).

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CERTIFICATE OF NOTARIAL ACTS

Certificate Requirements

1. General Requirement: “A notarial act shall be evidenced by a certificate” (57 Pa.C.S. 315[a][1]).

2. Notarial Officer Requirements: “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” (57 Pa.C.S. 315[a][2]).

3. Notary Public Requirements: “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 commission.
   “(ii) The certificate must indicate the date of expiration of the notarial officer’s commission” (57 Pa.C.S 315[a][3]).

Certificate Forms

Pennsylvania has adopted the Revised Uniform Law on Notarial Acts and the Act’s short-form certificates. These certificates as well as others that are authorized by other statute or the Department of State appear below.

Remote Notarial Certificate

“If a notarial act is subject to this section, the certificate of notarial act required by [57 Pa.C.S.] section 315 (relating to certificate of notarial act) and the short form certificate under section [57 Pa.C.S.] 316 (relating to short form certificates) must indicate that the notarial act was performed by means of communication technology” (57 Pa.C.S. 306.1[c]).

Sufficiency of Certificate

1. Notarial Acts: “A certificate of a notarial act is sufficient if it meets the requirements of [57 Pa.C.S. 315] (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 notarial 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 individual); or
   “(ii) a statutory provision other than this chapter (57 Pa.C.S. 315[c]).

2. Remote Notarial Acts: “A short form certificate under section 316 for a notarial act subject to this section is sufficient if either of the following apply:
   ”(1) The short form certificate is in the form provided by section 316 and contains a statement substantially as follows: ‘This notarial act involved the use of communication technology.’
   ”(2) The certificate complies with the regulations promulgated under [57 Pa.C.S. 306.1] subsection (g)(1).’” (57 Pa.C.S. 306.1[d]).

Security of Certificate

1. Tangible Records: “If a notarial act is performed regarding a tangible record, a certificate shall be part of or securely attached to the record” (57 Pa.C.S. 315[f][1]).

2. Electronic Records: “If a notarial act is performed regarding an electronic record, the certificate shall be affixed to or logically associated with the electronic record” (57 Pa.C.S. 315[2]).

3. Rulemaking: “If the department has established standards under section 327 (relating to regulations) for attaching, affixing or logically associating the certificate, the process must conform to the standards (57 Pa.C.S. 315[3]).

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SEAL AND SIGNATURE

Definitions

1. “‘Official stamp.’ A physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record. The term includes a notary seal” (57 Pa.C.S. 302).

2. “'Stamping device.' Any of the following:
   “(1) A physical device capable of affixing to or embossing on a tangible record an official stamp.
   “(2) An electronic device or process capable of attaching to or logically associating with an electronic record an official stamp” (57 Pa.C.S. 302).

Official Stamp Requirement

1. Notarial Acts

   1. Notaries Public: Required.
      “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” (57 Pa.C.S. 315[b][1]).

   2. Other Notarial Officers: Permitted.
      “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” (57 Pa.C.S. 315[b][2]).

2. In-Person Electronic Notarial Acts

   1. Notaries Public: Permitted.
      “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 certificate” (57 Pa.C.S. 315[b][3]).

   2. Other Notarial Officers: Permitted.
      “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 associated with the certificate” (57 Pa.C.S. 315[b][4]).

3. Remote Notarial Acts

   1. Notaries Public: Required for remote notarial acts on paper records (57 Pa.C.S. 315[b][1]) and permitted for remote notarial acts on electronic records (57 Pa.C.S. 315[b][3]).

   2. Other Notarial Officers: Notarial officers other than Notaries Public are not authorized to perform remote notarial acts under Pennsylvania law.

4. Electronic Real Property Records: Not required.
   “A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature” (21 P.S. 483.3[2]).

Stamp Format

1. Notarial Acts

   1. Inked Rubber Stamp: “A notary public shall provide and keep an official seal, which shall be used to authenticate all the acts, instruments and attestations of the notary public. The seal must be a rubber stamp …” (57 Pa.C.S. 317[1]).

   2. Embosser: “A notary public may use an embossed or crimped image in the performance of a notarial act, but only in conjunction with the use of an official stamp” (4 Pa. Code 167.23[a]).
      “Notaries may use an embosser in addition to the rubber stamp seal; however, the embosser is optional” (website, “Notary Public Equipment”). There is no prescribed format for the embosser.

   3. Shape/Size: Rectangular, with a maximum height of 1 inch and maximum width of 3½ inches, “with a plain border” (57 Pa.C.S. 317[2]).

   4. Components: Within the plain border, the components of the seal must appear in the following order (57 Pa.C.S. 317[1]:

      1. “Commonwealth of Pennsylvania” – Notary Seal”;

      2. Name of Notary as it appears on the commission and the words “Notary Public”;

      3. Name of county in which the Notary maintains an office;

      4. Commission expiration date;

      5. Seven-digit identification number assigned by the Department of State.

2. In-Person Electronic Notarial Acts: The format requirements for the official stamp for notarial acts cited above apply to Notaries Public who perform in-person electronic notarial acts.

3. Remote Notarial Acts: The format requirements for the official stamp for notarial acts cited above apply to Notaries Public who perform remote notarial acts.

Examples

The below typical, actual-size examples of official Notary stamping devices and electronic Notary seals which are allowed by Pennsylvania law. Formats other than these may also be permitted.. The optional words “Commonwealth of Pennsylvania” by law are not currently allowed within the border of the rubber stamp seal.

Placement of Official Stamp, Embosser

“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.” (57 Pa.C.S. 315[b][1]).

“The seal must be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated” (57 Pa.C.S. 317[3]).

Security of Stamping Device

“A notary public is responsible for the security of the stamping device of the notary public. A notary public may not allow another individual to use the device to perform a notarial act.” (57 Pa.C.S. 318[a][1]).

“The notary public's stamping device is the exclusive property of the notary public to whom it is issued” (website, “Notary Public Equipment”).

“The use of a notary public seal by a person who is not the notary public on the seal will be deemed an impersonation of a notary public and the individual will be subject to criminal penalties´(website, “Notary Public Equipment”).

Unauthorized Use of Seal, Embosser

Impersonation: “The use of a notary public seal by a person who is not the notary public named on the seal shall constitute a violation of 18 Pa.C.S. § 4913” (57 Pa.C.S. 324[f][2]).

Loss or Theft of Stamping Device

“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” (57 Pa.C.S. 318[b]).

“If a stamping device is lost or stolen, the notary public shall notify the Department within 15 days of discovering the loss or theft. The term ‘loss’ includes stamps/seals that are misplaced, destroyed or otherwise made unavailable. The notification must include a statement that the notary public does not possess the stamping device and the date the notary public discovered that the stamping device was lost or stolen. A notary may wish to file a police report for stolen items” (website, “Notary Public Equipment”).

Destruction and Disposition of Stamping Device

“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” (57 Pa.C.S. 318[a][2]).

“An individual whose notary public commission has been suspended or revoked shall surrender possession of the stamping device to the department” (57 Pa.C.S. 318[a][2.1]).

“On the death or adjudication of incompetency of a notary public, the personal representative or guardian of the notary public or any person knowingly in possession of the stamping device shall render it unusable by destroying, defacing, damaging, erasing or securing it against use in a manner which renders it unusable” (57 Pa.C.S. 318[a][3]).

“DO NOT send your old notary stamp to the Department unless your commission has been suspended or revoked or if you have been instructed or ordered to do so” (website, “Notary Public Equipment”).

Transitional Provision

“A notary public who holds a commission on the effective date of RULONA may continue to use his or her seal until the expiration of that commission, which may occur after the effective date of both RULONA and the Department’s regulations” (website, “What to Know About RULONA”; see also website, “Notary Public Equipment”).

Notary Signature

“The notary public must:
“(A) sign the notary public’s name exactly and only as it appears on the commission; …” (57 Pa.C.S. 315[a][[1][i]).

Notary Electronic Signature

“The notary public must … execute the notary public’s electronic signature in a manner which attributes the signature to the notary public identified in the commission” (57 Pa.C.S. 315[a][3][1][B]).

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RECORDS OF NOTARIAL ACTS

Records Requirement

1. Journal

   1. Notarial Acts: Required. “A notary public shall maintain a journal in which the notary public records in chronological order all notarial acts that the notary public performs.” (57 Pa.C.S. 319[a]).

   2. In-Person Electronic Notarial Acts: Required (57 Pa.C.S. 319[a]).

   3. Notarial Acts: Required (57 Pa.C.S. 319[a]).

2. Recording of Remote Notarial Acts: Required.
   “A notary public located in this Commonwealth may perform a notarial act facilitated by communication technology for a remotely located individual if … [t]he notary public, or a person acting on behalf of the notary public, creates an audio-visual recording of the performance of the notarial act, including all interactions between the notary public and the remotely located individual” (57 Pa.C.S. 306.1[b][3]).

Transitional Provision

“A notary public who holds a commission on the effective date of RULONA may continue to use his or her existing journal until the expiration of that commission. Full compliance with RULONA journaling requirements must occur with the notary’s next commission” (website, Notary Public Equipment”).

Journal Format

1. General Requirement: “A journal may be created on a tangible medium or in an electronic format” (57 Pa.C.S. 319[b]).

2. Tangible Journal: “If the journal is maintained on a tangible medium, it shall be a bound register with numbered pages” (57 Pa.C.S. 319[b]).

3. Electronic Journal: “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” (57 Pa.C.S. 319[b]).

Separate Journals

“A notary public may maintain a separate journal for tangible records and for electronic records” (57 Pa.C.S. 319[b]).

Journal Entries

1. Required 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 performed.
   “(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” (57 Pa.C.S. 319[c]).

2. Prohibited Entries: “A notary journal may not contain any personal financial or identification information about the notary’s clients, such as complete Social Security numbers, complete drivers’ license numbers or complete account numbers. Terminal numbers for these types of numbers, including the last four digits of a Social Security number, may be used to clarify which individual or account was involved” (website, “Notary Public Equipment”).

Inspection and Certified Copies of Journal

Certified Copies: “A notary public shall give a certified copy of the journal to a person that applies for it” (57 Pa.C.S. 319[g.1.]).

“A notary public must permit inspection of the journal to any person requesting to view the journal. A notary public can prove that a notarial act took place by supplying a certified copy of the journal entry. To make a certified copy of an entry in the journal, the notary public reproduces the page and attaches a certificate stating, ‘I certify that this is a true and correct copy from my official journal in my possession.’ The reproduction should be a photocopy of the entire register page containing the entry in question. A notary must give a certified copy of the journal to a person that applies for it. Requests may, but are not required to be, in writing. The notary public shall provide the certified copy within 10 days of receipt of the request. The notary may charge reasonable fees for copying and postage, but the requestor should be advised in advance of these fees. If the scope of the request is not clear, the notary may offer to have the requester inspect the journal at the notary’s office to identify the specific pages or dates that the requester is seeking. A request for inspection or certified copies of a notary journal made through an investigative request by law enforcement or by the Department or in a subpoena in the course of criminal or civil litigation must be complied with in the manner specified in the request or subpoena” (website, “Notary Public Equipment”).

Ownership of Journal

“A journal is the exclusive property of the notary public.
“A journal may not be used by any person other than the notary public or surrendered to an employer of the notary public upon termination of employment” (website, Notary Public Equipment”).

Lost or Stolen Journal

“If a journal is lost or stolen, the notary public shall promptly notify the department on discovering that the journal is lost or stolen” 57 Pa.C.S. 319[d]).

“If a journal is lost or stolen, the notary public shall notify the Department within 15 days of discovering the loss or theft. The term “loss” includes journals that are misplaced, destroyed or otherwise made unavailable. The notification must include a statement that the notary public does not possess the journal and the date the notary public discovered that the journal was lost or stolen. A notary may wish to file a police report for stolen items” (website, “Notary Public Equipment”).

For reporting a lost or stolen journal, there is a downloadable form on the Department of State’s website that may be used.

Disposition of Journal

1. 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 maintained an office within 30 days of:
   “(1) expiration of the commission of the notary public, unless the notary public applies 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” (57 Pa.C.S. 319[e]).

2. 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” (57 Pa.C.S. 319[g]).

Retention of Recording of Remote Notarial Act

“(1) This subsection applies to:
”(i) a notary public;
”(ii) a guardian, a conservator or an agent of a notary public; or
”(iii) a personal representative of a deceased notary public.
”(2) A person under paragraph (1) shall retain the audio-visual recording created under subsection (b)(3) or cause the recording to be retained by a repository designated by or on behalf of the notary public. The person shall retain the recording:
”(i) for at least 10 years after the recording is created; or
”(ii) as otherwise required by the regulations promulgated under [57 Pa.C.S. 306.1] subsection (g)(4)” (57 Pa.C.S. 306.1[e]).

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FEES FOR NOTARIAL ACTS

Maximum Fees

Notarial Acts: The fees for Notaries are set by the Secretary of the Commonwealth with the approval of the Attorney General (57 Pa.C.S. 329.1[a]). The maximum fees Notaries may charge are listed below (4 Pa. Code 161.1):

1. Executing an affidavit (no matter how many signatures): $5;

   1. Taking an acknowledgment: $5; for each additional name: $2;

   2. Administering an oath, per person: $5;

   3. Certifying or attesting a copy or deposition, per certified copy: $5;

   4. Noting a protest, per page: $3.

   5. Witnessing or attesting a signature (per signature): $5 (website, “Notary Public Fees”)

   6. Taking verification on oath or affirmation (no matter how many signatures): $5 (website, “Notary Public Fees”)

Excessive Fees

“A notary public may not charge or receive a notary public fee in excess of the fee fixed by the department” (57 Pa.C.S. 329.1[b]).

Waiver of Fees

“A notary public may waive the right to charge a fee” (57 Pa.C.S. 329.1[c][2]).

Separately-Stated Fees

“The fees of the notary public shall be separately stated” (57 Pa.C.S. 329.1[c][1]).

No Charge

Absentee Ballots: “A notary public may not charge any fee under subsection (a) for notarizing the supporting affidavit required in an Emergency Absentee Ballot or the affidavit of a person needing assistance to vote an absentee ballot.

“It shall be the duty of any person authorized to take acknowledgments and administer oaths, to perform such service free of charge for any soldier, surviving spouse or orphan of a soldier, or parents of a soldier, who may apply to them for the purpose of making affidavit to papers for the purpose of obtaining pensions and all other papers connected with and referring to the military service of any ex-service person” (51 Pa.C.S. § 9101).

Display of Fees

When Charging Fees: “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” (57 Pa.C.S. 329.1[c][3]).

Displaying or providing fees is not required when the Notary waives the right to charge a fee (57 Pa.C.S. 329.1[c][2]).

Property of Notary

“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 belong to or be received by the entity that employs the notary public” (57 Pa.C.S. 329.1[d]).

Clerical and Administrative Fees

“Notaries public may charge a clerical or administrative fee for services they have provided related to the notarial act, such as copying documents, postage, travel and telephone calls. These clerical or administrative fees are not set by the Department. Such clerical or administrative fees must be customary and reasonable for the geographic area and for the service rendered. Customers should be informed prior to the notarization of a document if a clerical fee is being charged in addition to the notary public fees. The customer's receipt should itemize these fees. Clerical and administrative fees, if charged, must be separately itemized in the notary journal” (website, “Notary Public Fees”).

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REAL ESTATE PRACTICES

Notary Signing Agents

Currently, there are no statutes or regulations that regulate Notary Signing Agents in Pennsylvania.

Recording Requirements

1. Deeds: “All deeds and conveyances, which, from and after the passage of this act, shall be made and executed within this commonwealth of or concerning any lands, tenements or hereditaments in this commonwealth, or whereby the title to the same may be in any way affected in law or equity, shall be acknowledged by the grantor, or grantors, bargainor or bargainors, or proved by one or more of the subscribing witnesses thereto, before one of the judges of the supreme court, or before one of the judges of the court of common pleas, or recorder of deeds, prothonotary, or clerk of any court of record, justice of the peace, or notary public of the county wherein said conveyed lands lie, and shall be recorded in the office for the recording of deeds where such lands, tenements or hereditaments are lying and being, within ninety days after the execution of such deeds or conveyance, and every such deed and conveyance that shall at any time after the passage of this act be made and executed in this commonwealth, and which shall not be proved and recorded as aforesaid, shall be adjudged fraudulent and void against any subsequent purchaser or mortgagee for a valid consideration, or any creditor of the grantor or bargainor in said deed of conveyance, and all deeds or conveyances that may have been made and executed prior to the passage of this act, having been duly proved and acknowledged as now directed by law, which shall not be recorded in the office for recording of deeds in the county where said lands and tenements and hereditaments are lying and being, within ninety days after the date of the passage of this act, shall be adjudged fraudulent and void as to any subsequent purchaser for a valid consideration, or mortgagee, or creditor of the grantor, or bargainor therein” (21 PS 444).

2. Agreements Concerning Real Property: “All agreements in writing relating to real property situate in this Commonwealth by the terms whereof the parties executing the same do grant, bargain, sell, or convey any rights or privileges of a permanent nature pertaining to such real property, or do release the grantee or vendee thereunder against damages which may be inflicted upon such real property at some future time, shall be acknowledged according to law by the parties thereto or proved in the manner provided by law, and shall be recorded in the office for the recording of deeds in the county or counties wherein such real property is situate” (21 PS 356).

3. Document Formatting Requirements: There are no statutory document formatting requirements for real property documents in Pennsylvania, but each county register of deeds may set forth their own requirements. The reader should refer to the county register of deeds’ website in the county where the document will be recorded for specific requirements.

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RECOGNITION OF NOTARIAL ACTS

Notarial Acts in Pennsylvania

“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 appoint 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 judiciary” 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” (57 Pa.C.S. 310[a]).

1. Official Stamp on Tangible Records: “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 [57 Pa.C.S. 315] (a)(2)(ii), (iii) and (iv), an official stamp may be affixed to the certificate” (57 Pa.C.S. 315[b][2]).

2. Official Stamp on Electronic Records: “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 [57 Pa.C.S. 315] (a)(2)(ii), (iii) and (iv), an official stamp may be attached to or logically associated with the certificate” (57 Pa.C.S. 315[b][4]).

Notarial Acts in U.S. State or Jurisdiction

“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” (57 Pa.C.S. 311[a]).
“‘State.’ A state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States (57 Pa.C.S. 302).

Notarial Acts Under Authority of Federally Recognized Indian Tribe

“A notarial act performed under the authority and in the jurisdiction of a federally 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” (57 Pa.C.S. 312[a]).

Notarial Acts Under U.S. Law

“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 military 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” (57 Pa.C.S. 313[a]).

Notarial Acts in Foreign State

“This subsection applies to a notarial act:
“(i) performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state; or
“(ii) performed under the authority of a multinational or international governmental organization.
“(2) A notarial act under paragraph (1) has the same effect under the law of this Commonwealth as if performed by a notarial officer of this Commonwealth” (57 Pa.C.S. 314[b]).

“As used in [57 Pa.C.S. 314], the term ‘foreign state’ means a government other than the United States, a state or a federally recognized Indian tribe” (57 Pa.C.S. 314[g]).

1. Apostilles: “[57 Pa.C.S. 314(e)] 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.
   “An apostille …. conclusively establishes that:
   “(i) the signature of the notarial officer is genuine; and
   “(ii) the notarial officer holds the indicated office” (57 Pa.C.S. 314[e]).

2. Consular Authentications: “[57 Pa.C.S. 314(f)] 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 … conclusively establishes that:
   “(i) the signature of the notarial officer is genuine; and
   “(ii) the notarial officer holds the indicated office” (57 Pa.C.S. 314[f]).

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AUTHENTICATION OF NOTARIAL ACTS

County Prothonotaries

Locally, an authenticating certificate for a given Notary may be issued by the prothonotary (clerk of the court of common pleas) in whose office the Notary has filed an official signature. The prothonotary maintains a “Notary Register” containing the signatures of Notaries who keep an office within the county. In counties of the second class, the official signature of each Notary is registered in the office of the clerk of courts (57 Pa.C.S. 321[d.1]).

Secretary of Commonwealth

For documents that will be used outside the United States, authenticating certificates for Notaries, including apostilles and consular authentications, are issued by the office of the Secretary of the Commonwealth.

1. Fees: $15 per document. Check or money order payable to “Commonwealth of Pennsylvania.”

2. Address:
   Pennsylvania Department of State
   Bureau of Elections and Notaries
   210 North Office Building
   Harrisburg, PA 17120-0029

3. Phone: 1-717-787-5280

4. Procedure: Present in person or mail the original notarized document(s), along with the appropriate fee. If mailed, include a cover letter, including name and full mailing address and indicating the nation to which the document will be sent, or use the “Request for Legalization of Documents” form downloadable from the Department website. Documents must not be photocopies and they must bear the actual signature and seal impression of the Notary or other official. Include an addressed, stamped envelope, or a prepaid air bill. “Diplomas, transcripts and criminal record checks must be notarized prior to requesting an apostille or certification. Birth Certificates do not need to be and should not be notarized…. Photocopies of notarized or certified documents may not be certified by the Secretary of the Commonwealth” (website, “Certifications, Apostilles, and the Authentication of Documents”). County documents must be signed by the clerk in charge of the county office. Documents will not be accepted if they are signed by an assistant or deputy clerk.

5. Attachments: “The apostilles and certifications issued by the Secretary of the Commonwealth are attached to the dossier document exclusively by means of a staple. This is the only procedure for attachment in Pennsylvania. Pennsylvania state law and custom do not allow for the documents to be sewn, riveted, glued or attached together by ribbons. Pennsylvania also does not number pages or affix seals for purposes of sealing documents together. It is furthermore the understanding of this office that the 2003 Special Commission of the Hague Conference on Private International Law concerning the practical operation of the Hague Apostille Convention concluded that stapled documents meet the obligations of the Hague treaty” (website, “What is an Apostille or Certification”).

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