Pennsylvania - U.S. Notary Reference

Last Update: March 28, 20256

Notary Jurisdiction

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

Notary Term Length

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

Notary Bond

$25,000 (4 Pa. Code 167.16[b]).

Notary Seal

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

Notary Journal

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

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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
   Office of Notaries, Commissions and Legislation
   210 North Office Building
   Harrisburg, PA 17120-0029

2. Phone: 717-787-5280

3. Website: https://www.pa.gov/agencies/dos/programs/notaries.html

Laws, Rules and Guidelines

1. Statutes

   1. Pennsylvania Consolidated 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.

   2. Pennsylvania Unconsolidated Statutes: Additional statutes may be found in the Pennsylvania Unconsolidated Statutes (PS).

   3. Citations: Citations to the Pa.C.S. and PS in this chapter follow this convention: Title, Pa.C.S, section, and any subsection, paragraph or subparagraph within the section, if applicable, separated by brackets. Example: 57 Pa.C.S. 322(a).

2. Regulations

   1. Pennsylvania Code: Additional rules are in the Pennsylvania Code (Pa. Code) Title 4, Chapter 161, “Fees” and Title 4, Chapters 161 “Fees” and 167 “Notaries Public.”

   2. Citations: Citations to the Pa. Code in this chapter follow this convention: Title, Pa.C.S, section, and any subsection, paragraph, or subparagraph within the section, if applicable, separated by brackets. Example: 4 Pa. Code 161.1.

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Commission Process

1. Qualifications: An applicant for a commission as a Pennsylvania Notary Public must (57 Pa.C.S. 321[a]; 4 Pa. Code 167.12[b]):
   (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 completed at least 3 hours of Department-approved continuing education within the 6-month period immediately preceding submission of the application,
   (g) have passed the examination required under 57 Pa.C.S. 322(a), and
   (h) comply with other requirements established by the department by regulation as necessary.

2. Eligibility of Certain Office Holders: 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, “Apply to Be a Notary”).

3. Course: Required.

   1. Basic Education: Each applicant for a new commission must complete an approved basic education course of at least three hours within six months immediately preceding application (57 Pa.C.S. 322[b]).

   2. Continuing Education: 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[c]).

   3. Mode of Course: The basic and continuing education course must be comprised of either interactive or classroom instruction (57 Pa.C.S. 322[b][2]). A list of “Notary Education Providers” is available on the website.

   4. Approval of Course: “All basic and continuing education courses of study must be preapproved by the department” (57 Pa.C.S. 322[d]).

4. Application

   1. Online or Paper Filing: 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” (https://www.notaries.pa.gov/Pages/OnlineApplication.aspx).

   2. Applications may be downloaded from the Department’s website at https://www.pa.gov/content/dam/copapwp-pagov/en/dos/programs/notary/Notary application RULONA compliant_Fillable.pdf.

   3. Course Completion Certificate: Evidence of successful completion of an approved basic or continuing education course must accompany the application (4 Pa. 167.12[b][6]).

   4. Fee: $42 (4 Pa. Code 161.1[b]), payable to the “Commonwealth of Pennsylvania.”

   5. Senator Endorsement Repealed: 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.

   6. Name on Application

      1. Requirements: “The name of a notary public on an application for appointment and commission shall consist of any one of the following:
         “(1) A first personal name (first name), additional name or initial (middle name or initial) and surname (family or last name).
         “(2) A first name and last name, omitting the middle name or middle initial.
         “(3) A first initial, middle name and last name” (4 Pa. Code 167.14[a]).

      2. Generational Suffixes: “The name of a notary public may include generational suffixes such as Junior, Senior, II, III, IV or any abbreviations thereof” (4 Pa. Code 167.14[c]).

      3. Prohibitions: “The name of a notary public may not consist of initials alone or nicknames” (4 Pa. Code 167.14[a]) or prefixes or suffixes that denote a professional or occupational title (4 Pa. Code 167.14[c]).

      4. Proof of Name: “Upon request of the Department, the name of the notary public as used in an application for appointment and commission must be proven by submission of satisfactory evidence including, a passport, driver’s license or government-issued nondriver identification card, which is current and unexpired, or other equivalent evidence as determined by the Department” (4 Pa. Code 167.14[d]).

   7. Notice of Appointment: “Once your application is approved, you will receive a notification and additional instructions via email. You are required to take an official oath, register your signature, and record your bond. These steps must be completed within 45 days from your appointment date to secure your commission. Ensure your email settings allow you to receive communications from the Department of State to avoid missing important documents” (website).

5. Exam

   1. Requirement: Required for applicants who do not hold a Notary commission in Pennsylvania or who previously held a commission, but let it expire. Notaries renewing their commissions while their current commission is in force are not required to take the exam (57 Pa.C.S. 322[a]; 4 Pa. Code 167.15[a]).

   2. Type of Exam: A proctored computer-based exam is administered to all applicants whose applications have been approved.

   3. Timing

      1. Approval Required: “An applicant may not take the examination prior to submission of and approval by the Department of an application for appointment” (4 Pa. Code 167.15[b]).

      2. Exam Window: “Upon approval by the Department of an application for appointment, an applicant will be authorized to take the examination for a period of 6 months” (4 Pa. Code 167.15[c][1]).

   4. Pass Rate: 75% (4 Pa. Code 167.15[d][1]).

   5. Validity of Exam Results: 1 year from the date of examination (4 Pa. Code 167.15[d][2]).

   6. Retakes: “An applicant may retake the examination within the 6-month period, but no more than one time per 24-hour period” (4 Pa. Code 167.15[c][2]).

   7. Process: “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”).

6. Background Screening: Not required.

7. County Filing

   1. Recorder of Deeds: The new commission is sent to the recorder of deeds in the county where the appointee maintains an office.

   2. Bond, Signature, Oath, Commission: The appointee must obtain a $25,000 bond, register a signature with the proper county office, and 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.

   3. Filing Timeframe: Within 45 days after appointment. 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[d.2][1]; 4 Pa. Code 167.17[c], 167.18[a]).

8. 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][3]). “If an applicant is not a resident of this Commonwealth, the applicant must have an office in this Commonwealth. The office must be maintained on an ongoing basis and at an established location in this Commonwealth. The applicant must be able to receive mail at the office address” (4 Pa. Code 167.11[c]).

9. Reappointment

   1. Same Qualifications Apply: Applicants for reappointment, must meet all of the requirements as for initial appointment, except 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 (4 Pa. Code 167.13[b]).

   2. Timing of Application: “A notary public may submit an application for renewal up to 90 days prior to the expiration of the commission under which the notary public is acting” (4 Pa. Code 167.12[c]).

10. 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]).

11. 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 online application for applying to perform in-person electronic and remote notarial acts may be found on the Department of State’s website (website, “Resources” > “Notaries Resources” > “Electronic or Remote Notarization” > “Steps to Becoming an Electronic or Remote Notary in Pennsylvania”). These steps are reproduced verbatim below in outline format.

   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.

   3. 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.

   4. 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.

   5. 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.

   6. 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 (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, “Resources” > “Notaries Resources” > “Powers of a Notary Public”).

Term Length

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

Bond

1. Requirement: Every Pennsylvania Notary must obtain and record with the recorder of deeds a surety bond (4 Pa. Code 167.16[a]).

2. Bond Amount: The amount of the Notary surety bond in Pennsylvania is $25,000 (4 Pa. Code 167.16[b]) and must be executed by an insurance company authorized to do business in Pennsylvania (57 Pa.C.S. 321[d][1], [3]).

3. Transitional Provision: “A notary public who holds a commission on March 28, 2026, may continue to use the notary public’s bond until the expiration of that commission” (4 Pa. Code 167.16[c]).

Changes of Status

1. Address or Other Information Change

   1. Requirements: A Notary must notify the Department of State of any change in the information on file with the Department, including (4 Pa. Code 167.45[a]).:

      1. Name.

      2. Office address and phone number.

      3. Home address and phone number.

      4. E-mail address.

      5. Selected electronic notarization technology provider, if applicable, and as required by 4 Pa. Code 167.81.

      6. Selected remote notarization technology provider, if applicable, and as required by 4 Pa. Code 167.81.

      7. Resignation.

   2. Filing Timeframe: “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” (website, “Update Your Information”).

   3. Online or Paper Filing: “The notice shall be made in writing, electronically or by e-mail and must state the effective date of the change” (4 Pa. Code 167.45[b]).

   4. Move to New County: “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. Starting January 3, 2023, applicants may register their signature in the office of Recorder of Deeds instead of the Prothonotary. 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 or Recorders office of the new county within 30 days of moving into the new county” (website, “Update Your 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).

2. Name Change

   1. Filing Timeframe: “A notary public must notify the Department within 30 days of any change in the information on file with the Department, including the Notary’s legal name.

   2. Form and Evidence: “Notice of a change in name under subsection (a)(1) 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” (4 Pa. Code 167.45[c][1]).

   3. Use of New or Old Name: “When the name of a notary public is changed, the notary public may continue to perform notarial acts in the name in which the notary was commissioned until the expiration of the notary public’s term.
      “Application for renewal of appointment of the notary public shall be made in the new name”(4 Pa. Code 167.45[c][2]-[3]).

3. Reporting Requirements

   1. Acceptance of Accelerated Rehabilitative Disposition: “A notary public shall notify the Department of … [c]onviction of or acceptance of Accelerated Rehabilitative Disposition in resolution of a felony or an offense involving fraud, dishonesty or deceit within 30 days of the disposition or on the next application for renewal of appointment and commission, whichever is sooner” (4 Pa. 167.125[1]).

   2. Disciplinary Action: “A notary public shall notify the Department of … [d]isciplinary action taken against the notary public’s commission by the commissioning authority of another state or jurisdiction within 30 days of receiving notice of the disciplinary action or on the next application for renewal of appointment and commission, whichever is sooner” (4 Pa. 167.125[2]).

   3. Finding or Admission of Liability: “A notary public shall notify the Department of [a] … [f] Finding against, or admission of liability by, the notary public in any criminal, civil or administrative proceeding, based on the fraud, dishonesty or deceit of the notary public, within 30 days of conclusion of the legal proceeding or on the next application for renewal of appointment and commission, whichever is sooner” (4 Pa. 167.125[3]).

   4. Finding of UPL: “A notary public shall notify the Department of [a] … [f]inding by the Pennsylvania Bar Association or the courts of the Commonwealth or the bar or courts of any other state or jurisdiction finding that the notary public has engaged in the unauthorized practice of law within 30 days of conclusion of the proceeding or on the next application for renewal of appointment and commission, whichever is sooner” (4 Pa. 167.125[4]).

   5. Payment of Bond Claim: “A notary public shall notify the Department of …[p]ayment to a claimant under the notary’s bond within 30 days of the surety making the payment or on the next application for renewal of appointment and commission, whichever is sooner” (4 Pa. 167.125[5]).

4. Resignation: “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 4 Pa. Code 167.45[d]).

5. 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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Authorized Acts

1. Notarial Acts: Pennsylvania Notaries are authorized to perform the following notarial acts (57 Pa.C.S. 302 “notarial act”; 304[a]):

   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. Definitions

   1. Acknowledgment: 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 “Acknowledgment”).

   2. In a Representative Capacity: In a representative capacity means 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 “In a representative capacity”).

2. Requirements

   1. Identity of Principal: “A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual … [t]he individual appearing before the notarial officer and making the acknowledgment has the identity claimed” (57 Pa.C.S. 305[a][1]).

   2. Signature of Principal: “A notarial officer who takes an acknowledgment of a record shall determine … [t]he signature on the record is the signature of the individual (57 Pa.C.S. 305[a][2]).

      1. Timing of Signature: “A record must be signed by the individual making the acknowledgment in the notary public’s presence or prior to the acknowledgment. A record may not be signed subsequent to an acknowledgment” (4 Pa. Code 167.61[1]).

      2. Acknowledgment Before Notary: As described immediately below, the principal who signs a record requiring an acknowledgment must acknowledge the signature to the Notary. If the principal signs the record prior to appearing before the Notary, the acknowledgment is still required (4 Pa. Code 167.61[2]).

   3. Acknowledgment of Principal: The individual making the acknowledgment must verbally “declare” (acknowledge) to the Notary (57 Pa.C.S. 302 “Acknowledgment”):

      1. Signature: The individual must acknowledge that “the individual signed a record for the purpose stated in the record….”

      2. Representative Capacity and Authority: If the individual has or is signing the record in a representative capacity, the individual must declare “that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.”

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. Definitions

   1. Oath: “‘Oath.’ Includes affirmation” (1 Pa.C.S. 1191 “Oath”).
      “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, “Resources” > “Notaries Resources” > "Sample Notary Public Statements").

   2. Sworn: “‘Sworn.’ Includes affirmed” (1 Pa.C.S. 1191 “Sworn”).

2. Form of Oath: “An oath or affirmation may be oral or in writing. If in writing, the individual making the oath or affirmation shall personally appear before the notary public when executing the individual’s signature” (4 Pa. Code 167.62[a]).

3. Testimonial Oaths: “In administering a testimonial oath or affirmation, the notary public shall require the individual taking the oath or affirmation to voluntarily swear or affirm that the statements the individual is giving are true and correct” (4 Pa. Code 167.62[b]).

4. Oaths of Office: “In administering an oath of office, the notary public shall require the individual taking the oath or affirmation to voluntarily swear or affirm that the individual will perform the duties and acts of the office faithfully” (4 Pa. Code 167.62[b]).

5. Oath Ceremony: The following oath wording is suggested for (a) affidavits and for (b) oral testimony (website, “Resources” > “Notaries Resources” > "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

   1. Verification on Oath or Affirmation: 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 “Verification on oath or affirmation”).

   2. Affidavit: “‘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 “Affidavity”).

   3. Verified: “‘Verified.’ When used in reference to writings, means supported by oath or affirmation” (1 Pa.C.S. 1191 “Verified”).

2. Requirements

   1. Identity of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine … [t]he individual appearing before the notarial officer and making the verification has the identity claimed” (57 Pa.C.S. 305[b][1]).

   2. Signature of Principal: “A notarial officer who takes a verification of a statement on oath or affirmation shall determine … [t]he signature on the statement verified is the signature of the individual” (57 Pa.C.S. 305[b][2]).

   3. Oath, Affirmation: The short form certificate of notarial act for a verification on oath or affirmation states, “Signed and sworn to (or affirmed) before me …” (57 Pa.C.S. 316[3]) indicating that the notarial officer performing the verification must administer an oath or affirmation to the principal.

   4. Witness Signature: The short form certificate of notarial act for a verification on oath or affirmation states, “Signed and sworn to (or affirmed) before me …” (57 Pa.C.S. 316[3]) indicating that the notarial officer performing the verification must personally witness the principal sign the record.
      “A record containing a statement that is being verified on oath or affirmation must be signed in the notary public’s presence…. A record containing a statement that is being verified may not be signed prior to or subsequent to the verification on oath or affirmation” (4 Pa. Code 167.63[1], [2]).

Signature Witnessings

Requirements

1. Identity of Principal: “A notarial officer who witnesses or attests to a signature shall determine … [t]he individual appearing before the notarial officer and signing the record has the identity claimed” (57 Pa.C.S. 305[c][1]).

2. Signature of Principal: “A notarial officer who witnesses or attests to a signature shall determine … [t]he signature on the record is the signature of the individual” (57 Pa.C.S. 305[c][2]).

3. Witness Signature: The short form certificate of notarial act for a signature witnessing or attestation states, “Signed (or attested) before me …” (57 Pa.C.S. 316[4]) indicating that the notarial officer performing the signature witnessing or attestation must personally witness the principal sign the record.
   “A record containing a signature that is being witnessed or attested must be signed in the notary public’s presence…. A record containing a signature that is being witnessed or attested may not be signed prior to or subsequent to the witnessing or attestation of the signature” (4 Pa. Code 167.64[1], [2]).

Copy Certifications

1. Requirements

   1. General Requirement: “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]).

   2. Specific Requirements

      1. Complete and Accurate: “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]).

      2. Comparison of Copy to Record: “The notary public shall compare the record to a copy of the record made by the requester or the notary public to determine that the copy is a complete and accurate transcription or reproduction of the record” (4 Pa. Code 167.65[1]).

      3. Alteration or Tampering: “The notary public shall examine the record for alteration or tampering” (4 Pa. Code 167.65[2]).

   3. Authorized Copy Certifications: “Records for which a notary public may issue a certified copy include all of the following:
      “(i) Public records.
      “(ii) Passports.
      “(iii) Driver’s licenses.
      “(iv) Transcripts.
      “(v) Diplomas.
      “(vi) Contracts.
      “(vii) Leases.
      “(viii) Bills of sale.
      “(ix) Medical records, consents or waivers.
      “(x) Powers of attorney” (4 Pa. Code 167.65[5]).

   4. Prohibited Copy Certifications: “Records for which a notary public may not issue a certified copy include all of the following:
      “(i) Vital records (birth and death certificates).
      “(ii) United States Naturalization Certificates.
      “(iii) A government-issued record that on its face states “do not copy,” “illegal to copy” or words of similar meaning” (4 Pa. Code 167.65[4]).

2. No Guarantee by Notary: “In issuing a certified or attested copy, the notary public does not guarantee the authenticity of the record, its contents or its effects” (4 Pa. Code 167.65[3]).

3. 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, “Resources” > “Notaries Resources” > "Sample Notary Public Statements").

2. Requirements: According to “Sample Notary Public Statements” on the Department’s website, there are several steps to a deposition:

   1. Oath: “In taking a deposition, the notary public should first make sure the witness is sworn in....”

   2. Record or Supervising Recording: Next, the Notary should then personally record or supervise the recording of the testimony of the witness.

   3. Deponent Signs Transcript: After the testimony is transcribed, the Notary should let the witness read and sign the transcribed copy of the deposition.

   4. Certificate of Deposition: The notary then certifies that the witness was sworn and that this document is a true and record of the witness’ testimony.

   5. File Deposition: The deposition should be sealed in an envelope and filed with the court or sent to the prothonotary for filing.

   6. Video Deposition: “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, “Resources” > “Notaries Resources” > "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]; see also 4 Pa. Code 167.66[b]).

2. Requirements

   1. General Requirement: “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]; 4 Pa. Code 167.66[a]).

   2. Specific Requirements

      1. Identification of Holder: The Notary Public must identify the individual requesting the protest as the holder of the dishonored negotiable instrument (4 Pa. Code 167.66[e]).

      2. Identification of Negotiable Instrument: The Notary Public must identify the negotiable instrument (4 Pa. Code 167.66[c][1]).

      3. Presentment: The Notary Public must certify either that presentment has been made or, if not made, the reason it was not made (4 Pa. Code 167.66[c][2]).

      4. Nonacceptance or Nonpayment: The Notary must state in the protest that the instrument has been dishonored by nonacceptance or nonpayment (4 Pa. Code 167.66[c][3]).

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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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]).

2. Definition: “To appear personally before a notary public under 57 Pa.C.S. § 306 (relating to personal appearance required) means that the individual making the statement or executing the signature and the notary public are all of the following:
   “(1) Physically present before each other when the notarial act is executed.
   “(2) Able to observe and interact with each other.
   “(3) Able to see, hear, communicate with and give identification credentials to each other without the use of electronic devices such as telephones, computers, video cameras or facsimile machines” (4 Pa. Code 167.42).

3. Remote Notarial Acts: The prohibition against use of audio, video, or computer technology does not apply if the Notary Public is performing notarial acts facilitated by communication technology for a remotely located individual under 57 Pa.C.S. § 306.1 (4 Pa. Code 167.42[b][1]).
   “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]).

4. Accommodations for Persons with Disabilities: The prohibition against use of electronic devices such as telephones, computers, video cameras or facsimile machines for personal appearance does not preclude the use of adaptive technology which enables reasonable accommodations for an individual with a vision, hearing or speech impairment in accordance with law (4 Pa. Code 167.42[a][3]).

5. Notarial Acts Not Requiring Appearance

   1. Copy Certifications, Depositions: “Personal appearance ,,, [i]s not required when a notary public is certifying or attesting a copy or deposition” (4 Pa. Code 167.42[b][2]).

   2. Oaths in Certain Proceedings: “Personal appearance ,,, [i]s not required when a notary public is administering an oral oath or affirmation in a criminal, civil or administrative proceeding in this Commonwealth, as long as the notary and the individual taking the oath or affirmation are able to hear and communicate with each other by means of electronic devices such as telephones, computers or video cameras” (4 Pa. Code 167.42[b][3]).

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 the following methods:

      1. Written ID

         1. Documentary identification consisting of a current and unexpired passport, driver’s license or government-issued nondriver identification card. The following IDs meet this criteria (4 Pa. Code 167.43[a][1]):

            1. U.S. Physical or Electronic Passport or Passport Card: A passport or passport card or electronic equivalent issued by the United States Department of State which is current and unexpired.

            2. Foreign Passport: A passport or electronic equivalent issued by a foreign government, which is current and unexpired, provided it uses letters, characters and a language that are read, written and understood by the Notary.

            3. State Physical or Electronic Driver’s License or ID: A driver’s license or nondriver identification card or electronic equivalent issued by a state of the United States, which is current and unexpired.

            4. Foreign Physical or Electronic Driver’s License or ID: A driver’s license or nondriver identification card or electronic equivalent issued by a foreign government, which is current and unexpired, provided it uses letters, characters and a language that are read, written and understood by the Notary.

         2. Another form of government identification which is current, contains the signature or a photograph of the individual, and is satisfactory to the officer. The following IDs meet this criteria (4 Pa. Code 167.43[a][2]):

            1. Military ID: An identification card issued by any branch of the United States armed forces.

            2. Inmate ID: An inmate identification card issued by the Department of Corrections for an inmate who is currently in the custody of the Department of Corrections.

            3. USDHS ID: An identification card issued by the United States Department of Homeland Security

            4. A Social Security card.

            5. College ID: A Pennsylvania State university identification card or State-related university identification card.

            6. Medical Marijuana Card: A Pennsylvania medical marijuana identification card.

            7. Consular ID: A consular identification document issued by a consulate from the individual’s country of citizenship, provided it uses letters, characters and a language that are read, written and understood by the Notary.

      2. Credible Witness: A verification on oath or affirmation of a credible witness personally appearing before the officer and personally known to the officer.

         1. Standards for Credible Witnesses (4 Pa. Code 167.43[b])

            1. Know the Notary: The credible witness must personally know the Notary.

            2. Know the Principal: The credible witness must personally know the individual appearing before the Notary for the notarial act.

            3. Impartiality: The credible witness must have a direct or pecuniary interest with respect to the record being notarized.

            4. Verification on Oath or Affirmation: The credible witness must make a verification on oath or affirmation that the individual the individual appearing before the notary public is the person named in the record, the witness personally knows the individual appearing through dealings sufficient to provide the credible witness with reasonable certainty that the individual has the identity claimed, and the witness has no direct or pecuniary interest with respect to the record being notarized.

   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 may perform a notarial act facilitated by communication technology for a remotely located individual if the Notary can identify the remotely located individual by one of the following (57 Pa.C.S. 306.1[b][1]):

      1. Personal Knowledge: A Notary may identify a remotely located individual based on the Notary’s personal knowledge of the identity of the individual.

      2. Credible Witness: A Notary may identify a remotely located individual based on the oath or affirmation from a credible witness appearing before the Notary under 57 Pa.C.S. 307(b)(2) or 57 Pa.C.S. 306.1.

      3. Identity Proofing: A Notary may identify a remotely located individual if the Notary is able to reasonably identify the individual by at least two different types of identity proofing processes or services.

Refusal of Services

1. Specific Grounds

   1. Competence: “A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that … the individual executing the record is competent or has the capacity to execute the record….” (57 Pa.C.S. 308[a][1]).

   2. Willingness: “A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that … the individual’s signature is knowingly and voluntarily made….” (57 Pa.C.S. 308[a][2]).

   3. Nonconforming Signature: “A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that … 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….” (57 Pa.C.S. 308[a][3]).

   4. Nonconforming Physical Appearance: “A notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that … 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][4]).

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: “For the purposes of 57 Pa.C.S. § 308 (relating to authority to refuse to perform notarial act), a notary public may not refuse to provide notarial services on the basis of a customer’s race, color, national origin, religion, sexual orientation, sex, gender, pregnancy, gender identity, gender expression, disability or marital status” (4 Pa. Code 167.113).

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 … has a direct or pecuniary interest” (57 Pa.C.S. 304[b][1]).

2. Spouse: “A notarial officer may not perform a notarial act with respect to a record in which … the notarial officer’s spouse has a direct or pecuniary interest” (57 Pa.C.S. 304[b][1]).

3. Agent or Witness: 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]).

4. 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[b][2]).