Pennsylvania - U.S. Notary Reference

Last Update: September 18, 2025

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][1]).

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
   Bureau of Elections and Notaries
   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. Pennslyvania Code: Additional rules are in the Pennsylvania Code (Pa. Code) Title 4, Chapter 161, “Fees” and Title 4, Chapter 165, “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]):
   (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, “Apply to Be a Notary”).

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

3. Exam: Required (57 Pa.C.S. 322[a]). “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

   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). 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.

   2. Course Completion Certificate: Evidence of successful completion of an approved basic or continuing education course must accompany the application.,

   3. Fee: $42, fee payable to the “Commonwealth of Pennsylvania.”

   4. 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.

   5. 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. Background Screening: Not required.

6. 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: 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.

   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]).

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][3]).

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 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

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][1], [3]).

Changes of Status

1. Address 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 public’s office address or home address” (website, “Update Your Information”).

   2. Online or Paper Filing: “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” (website, “Update Your Information”). Links to a paper or online address/email change form are provided.
      “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 “Resignation,” below).

   3. 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 public’s legal name” (website, “Update Your Information”).
      “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)” (website, “Update Your Information”). Links to a paper or online name change form are provided.

   2. Use of New or Old Name: “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 Your Information”).

3. Email 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 email address” (website, “Update Your Information”).

   Notice of a change in email address must be made in writing or by email and must state the effective date of the change” (website, “Update Your Information”). Links to a paper or online address/email change form are provided.

4. 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 Your Information”).
   A printable resignation form is available on the Department’s website (website, “Update Your Information”).

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]).

   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”).

   3. Oath Forms: 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.

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.

Copy Certifications

1. 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. Prohibited Copy Certifications: “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, “Resources” > “Notaries Resources” > "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, “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]).

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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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….
   “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, “Resources” > “Notaries Resources” > “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 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, “Resources” > “Notaries Resources” > “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 the following methods:

      1. Written ID: 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.

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

   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: “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, “Resources” > “Notaries Resources” > “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 … 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]).

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

Signature by Mark

1. Definition: “'Signature.' Includes mark when the individual cannot write, his name being written near it, and witnessed by another who writes his own name” (1 Pa.C.S. 1991).

2. Last Wills: “If the testator is unable to sign his name for any reason, a will to which he makes his mark and to which his name is subscribed before or after he makes his mark shall be as valid as though he had signed his name thereto: Provided, That he makes his mark in the presence of two witnesses who sign their names to the will in his presence” (20 Pa.C.S. 2502[2]).

3. Trusts: “A trust instrument other than a will may be signed by mark or by a person other than the settlor on behalf of and at the direction of the settlor in the same manner as a power of attorney under Chapter 56 (relating to powers of attorney)” (20 Pa.C.S. 7732(b.1).

4. Powers of Attorney: Powers of attorney may be signed by mark, must be acknowledged before a Notary or other officer authorized to take acknowledgments, and must be witnessed by two adult individuals (20 Pa.C.S. 5601[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[c][1]). Attorneys are exempt from this provision (57 Pa.C.S. 325[c][2]).

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]).

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 Electronic Notarization and Remote Notarization Technology Providers.

3. Tamper-Evident Technology

   1. Selection by Notary: “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]).

   2. Standards: “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

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 Electronic Notarization and Remote Notarization Technology Providers.

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.: ”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, “Resources” > “Notaries Resources” > “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, “Resources” > “Notaries Resources” > “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]-[b]).

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, “Resources” > “Notaries Resources” > “Pennsylvania Notaries and Completion of I-9 Forms”).

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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.