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© 2017 Notaries Equipment Company, Philadelphia

Pennsylvania Notary Public Education Course

Pursuant to Revised Uniform Law on Notarial Acts

Effective October 26, 2017

NOTARIES EQUIPMENT COMPANY

2021 Arch Street

Philadelphia, PA 19103-1491

215-563-8190 FAX: 215-977-9386

www.notariesequipment.com

Course Index

Introduction ............................................................ 1

Purpose ................................................................... 2

Eligibility for a commission ..................................... 3

Notary Public application process .......................... 3

Examination, Basic Education and Continuing

Education ............................................................ 4

Administering an oath or taking an

acknowledgment ............................................... 29

Administrative Penalties ......................................... 6

Apostille ................................................................ 34

Authority to deny, refuse, revoke, and suspend .... 6

Authority to refuse to perform notarial act………..10

Card Agent ............................................................ 48

Certificate of notarial act ...................................... 10

Certified Copies ..................................................... 12

Change of name and/or address…………………………. 5

Electronic Notarization Program .......................... 40

Embossing seal……………………………………………………16

False Advertising ..................................................... 7

Fees ....................................................................... 14

Identity of Individual ............................................... 9

Journal ................................................................... 12

Loose Certificates .................................................. 31

Notary’s Rules of Conduct .................................... 33

Notarial Acts……………………………………………………….18

Notarial Certificates .............................................. 30

Notarization Of A Minor’s Signature .................... 29

Notarizing For Business Entities ............................ 26

Notary Public Errors & Omissions Insurance ........ 38

Oaths and Certifications ....................................... 18

Official Signature ..................................................... 4

Official Stamp ........................................................ 11

Performing Notarial Acts ...................................... 27

Personal appearance required…………………………….9

Precautions you should take when notarizing

documents ......................................................... 17

Prohibited Acts ........................................................ 7

Recording and Filing ................................................ 4

Requirements of Certain Notarial Acts ................... 9

Sample Forms ........................................................ 52

Sample Notary Statements ................................... 22

Self-Test Questions ............................................... 56

Terms And Definitions .......................................... 50

Unauthorized practice of law……………………………… 7

Validity of Notarial Acts .......................................... 8

When performing notarizations ............................. 3

1 © 2017 Notaries Equipment Company, Philadelphia


2021 Arch Street

Philadelphia, PA 19103-1491

215-563-8190 FAX: 215-977-9386

www.notariesequipment.com

The following course material has been prepared to comply with the requirements of the

Pennsylvania Revised Uniform Law on Notarial Acts.

All applicants who are seeking initial appointment for a notary commission must complete a

course of basic instruction and pass an examination and all applicants who are seeking

reappointment must complete a course of continuing education that complies with the

requirements of the Pennsylvania Department of State Bureau of Commissions and Elections.

The courses consist of three hours of classroom instruction. A certificate of attendance will be

issued upon completion of the course. An application for appointment must be submitted to the

Bureau of Commissions, Elections and Legislation of the Pennsylvania Department of State with

the certificate of attendance within six months of the course completion date.

NOTARIES EQUIPMENT COMPANY can assist you in the application process and furnish you with

the necessary notary seal, register and related forms. We have been serving the needs of

notaries public for more than 50 years. There are no membership fees or dues required to avail

yourself of our services.

Keep this book for future reference purposes and feel free to call us at any time that you need

information or assistance regarding your notarial practice.

As a notary public you are charged with certain duties and responsibilities. Failure to carry out

the duties of the office with diligence and care can result in lawsuits, fines and civil and/or

criminal penalties.


PURPOSE

The purpose of this course is to instill in the student the significant role that notaries public play

in the world of law and commerce.

As public officials who are appointed by the Secretary of the Commonwealth, notaries public are

held to the highest standards of integrity, honesty and trust. Notaries public are also playing an

ever more vital role in commerce and are on the front lines of deterring document fraud,

particularly in light of heightened security concerns and the increased threat of identity theft.

Whether performed with respect to a tangible or electronic record Notaries shall have the power to:

(1) take an acknowledgment; (2) administer an oath or affirmation; (3) take a verification on oath or affirmation; (4) witness or attest to a signature; (5) certify or attest to a copy or deposition – Note that “taking a deposition” is no longer an enumerated notarial act; and (6) note a protest of a negotiable instrument. "Notarial officer." A notary public or other individual authorized by law, in all matters belonging or

incident to the exercise of their notarial office.

A notary’s jurisdiction is co-extensive with the boundaries of the Commonwealth. A

Pennsylvania Notary may not notarize documents outside of Pennsylvania.


§ 301. Short title of chapter.

This chapter shall be known and may be cited as the Revised Uniform Law on Notarial Acts.

ELIGIBILITY FOR A COMMISSION

§321. Appointment and commission as notary public; qualifications; no immunity or benefit.

Eligibility.—An applicant for appointment and commission as a notary public must meet all of the following:

(1) Be at least 18 years of age.

(2) Be a citizen or permanent legal resident of the United States.

(3) Be a resident of or have a place of employment or practice in this Commonwealth.

(4) Be able to read and write English.

(5) Not be disqualified to receive a commission under section 323 (relating to sanctions).

(6) Have passed the examination required under section 322(a) (For all applicants who do not hold a current

commission). (first time notary applicants)

(7) Comply with other requirements established by the department by regulation as necessary to insure the

competence, integrity and qualifications of a notary public and to insure the proper performance of notarial

acts.

NOTARY PUBLIC APPLICATION PROCESS

(a) Application.—An individual qualified under subsection (a) may apply to the department for appointment and

commission as a notary public. The application must comply with all of the following:

(1) Be made to the department on a form prescribed by the department.

(2) Be accompanied by a nonrefundable fee of $42, payable to the Commonwealth of Pennsylvania. This

amount shall include the application for notary public commission and fee for filing of the bond with the

department and proof of education.

(3) (Deleted by amendment.)

(b) Oath or affirmation.—Upon appointment and before issuance of a commission as a notary public, an applicant must

execute an oath or affirmation of office.

(c) Bond.—

(1) Within 45 days after appointment and before issuance of a commission as a notary public, the applicant must

obtain a surety bond in:

(i) the amount of $10,000; or

(ii) the amount set by regulation of the department.

(2) (Reserved).

(3) The bond must:

(i) be executed by an insurance company authorized to do business in this Commonwealth;

(ii) cover acts performed during the term of the notary public commission; and

(iii) be in the form prescribed by the department.

(4) If a notary public violates law with respect to notaries public in this Commonwealth, the surety or issuing

entity is liable under the bond.

(5) The surety or issuing entity must give 30 days’ notice to the department before canceling the bond.

(6) The surety or issuing entity shall notify the department not later than 30 days after making a payment to the

claimant under the bond.

Your notary bond does not protect you; it protects your customer, When a bonding company pays for a loss

on the notary bond, it has the legal right to recover the loss from you.


OFFICIAL SIGNATURE

(d.1) The official signature of each notary public shall be registered, for a fee of .50, in the “Notary Register” provided for

that purpose in the prothonotary’s office of the county where the notary public maintains an office within:

(i) 45 days after appointment or reappointment; and

(ii) 30 days after moving to a different county.

(2) In a county of the second class, the official signature of each notary public shall be registered in the office of the clerk

of courts within the time periods specified in paragraph (1).

RECORDING AND FILING

(d.2) Upon appointment and prior to entering into the duties of a notary public, the bond, oath of office and commission

must be recorded in the office of the recorder of deeds of the county in which the notary public maintains an office.

(2) Upon reappointment, the bond, oath of office and commission must be recorded in the office of the recorder of

deeds of the county in which the notary public maintains an office.

(3) Within 90 days of recording under this subsection, a copy of the bond and oath of office must be filed with the

department.

(e) Issuance.—On compliance with this section, the department shall issue to an applicant a commission as a

notary public for a term of four years.

(f) Effect.—

(1) A commission to act as a notary public authorizes a notary public to perform notarial acts. If a notary

public fails to comply with subsection (d.1) or (d.2), the notary public’s commission shall be null and

void.

(2) A commission to act as a notary public does not provide a notary public any immunity or benefit

conferred by law of this Commonwealth on public officials or employees.

§322. EXAMINATION, BASIC EDUCATION AND CONTINUING EDUCATION

(a) Examination.—An applicant for a commission as a notary public who does not hold a commission in this

Commonwealth must pass an examination administered by the Department or an entity approved by the Department.

The examination must be based on the course of study described in subsection (b).

(b) Basic education.—An applicant under subsection (a) must, within the six-month period immediately preceding

application, complete a course of at least three hours of notary public basic education approved by the department.

For approval, the following apply:

(1) The course must cover the statutes, regulations, procedures and ethics relevant to notarial acts, with a core

curriculum including the duties and responsibilities of the office of notary public and electronic notarization.

(2) The course must either be interactive or classroom instruction.

At the same time the application for appointment is submitted, the applicant shall submit evidence of

passing the examination and successful completion of a basic education course.

(c) Continuing education.—An applicant for renewal of appointment and commission as a notary public must, within the

six month period immediately preceding application, complete a course of at least three hours of notary public

continuing education approved by the department. For approval, the following apply:

(1) The course must cover topics which ensure maintenance and enhancement of skill, knowledge and

competency necessary to perform notarial acts.

(2) The course must either be interactive or classroom instruction.


Reappointment if Bond, Oath and Commission not Recorded Within 45 Days (a) The commission of a notary public who fails to record the bond, oath and commission or register his or her

official signature within 45 days of appointment shall be null and void. (b) An appointee who fails to record the bond, oath and commission within 45 days of appointment may

reapply for reappointment. (c) The appointee shall:

(1) Reapply for reappointment; (2) Submit another application fee; (3) Submit evidence of passing the examination, if a first-time applicant; and (4) Submit evidence of completion of basic or continuing education.

(d) All certificates for examination and education shall be valid at the time of application for reappointment.

§ 167.17. Reappointment Applications for reappointment to the office of notary public shall be filed at least 60 days prior to the expiration of the commission under which the notary is acting.

(d) Preapproval.—All basic and continuing education courses of study must be preapproved by the department.

§ 167.18. Notification of Change in Information (a) A notary public must notify the Department of State within 30 days

of any change in the information on file with the Department, including the notary’s: (1) Legal Name (2) Office address

(includes place of employment or practice in Pennsylvania, if not a resident of the Commonwealth) (3) Home address (4)

Name of electronic notarization vendor (5) Voluntary resignation (b) Such notice may be made in writing or

electronically and shall state the effective date of such change. (c) Notice of a change in legal name on file with the

Department shall be on a form prescribed by the Department and accompanied by evidence of the name change (such

as marriage certificate, court order, divorce decree). (d) Notice of a change in legal name on file with the Department

shall also be made to the recorder of deeds of the county in which the notary public maintains an office. Change of

name (a) When the legal name of a notary is changed, the notary may continue to perform official acts, in the name in

which he or she was commissioned, until the expiration of his or her term. (b) The Department shall mark the public

records relating to the notary name change. Application for reappointment of such notary shall be made in the new

name.


§323. SANCTIONS

(a) Authority.—. The department may deny, refuse to renew, revoke, suspend, reprimand or impose a condition on a

commission as notary public for an act or omission which demonstrates that the individual lacks the honesty, integrity,

competence or reliability to act as a notary public.

Such acts or omissions include:

(1) Failure to comply with this chapter.

(2) A fraudulent, dishonest or deceitful misstatement or omission in the application for a commission as

a notary public submitted to the department.

(3) Conviction of or acceptance of Accelerated Rehabilitative Disposition by the applicant or notary

public for a felony or an office involving fraud, dishonesty or deceit.

(4) A finding against or admission of liability by the applicant or notary public in a legal proceeding or

disciplinary action based on the fraud, dishonesty or deceit of the applicant or notary public.

(5) Failure by a notary public to discharge a duty required of a notary public, whether by this chapter, by

regulation of the department or by Federal or State law.

(6) Use of false or misleading advertising or representation by a notary public representing that the

notary public has a duty, right or privilege that the notary public does not have.

(7) Violation by a notary public of a regulation of the department regarding a notary public.

(8) Denial, refusal to renew, revocation, suspension or conditioning of a notary public commission in

another state.

(9) Failure of a notary public to maintain a bond under section 321(d) (relating to appointment and

commission as notary public; qualifications; no immunity or benefit).

(a.1) Administrative penalty.—The Department may impose an administrative penalty of up to $1,000 on a notary

public for each act or omission which constitutes a violation of this chapter or any person who performs a notarial act

without being properly appointed and commissioned under this chapter.

(b) Administrative Agency Law.—Action by the Department under subsection (a) or (a.1) is subject to 2Pa.C.S. Chs.5

Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of

Commonwealth agency action).

(c) Other remedies.—The authority of the Department under this section does not prevent a person from seeking and

obtaining other criminal or civil remedies provided by law.

(d) Investigations and hearings.—

(1) The Department may issue a subpoena, upon application of an attorney responsible for representing the

Commonwealth in disciplinary matters before the Department, for the purpose of investigating alleged

violations of the disciplinary provisions administered by the Department.

(2) In an investigation or hearing, the department, as it deems necessary, may subpoena witnesses, administer

oaths, examine witnesses, take testimony and compel the production of documents.

(3) The Department may apply to Commonwealth Court under 42 Pa.C.S. § 761(a)(2) (relating to original

jurisdiction) to enforce a subpoena under this subsection.

(e) Other enforcement authority.—The Department may initiate civil proceedings at law or in equity to enforce the

requirements of this chapter and to enforce regulations or in addition, the department may request the prosecution of

criminal offenses to the extent provided by this chapter or as otherwise provided by law relating to notaries public,

notarial officers or notarial acts, in the manner provided by the act as of October 15, 1980 (P.L.950, No.164), known as

the Commonwealth Attorneys Act.

(f) Criminal penalties applicable.—The following apply:

(1) Except as provided in this chapter or otherwise provided by law, it is unlawful for a person to hold himself

out as a notary public or as a notarial officer or to perform a notarial act.


(2) Falsely pretending to be a notary public or a notarial officer and performing any action in furtherance of such

false pretense shall subject the person to the penalties set forth in 18 Pa.C.S. §4913 (relating to impersonating a

notary public or a holder of a professional or occupational license).

(3) The use of an official stamp by a person who is not a notary public named on the stamp shall constitute a

violation of 18 Pa.C.S. § 4913.

(4) Except as provided in paragraph (2) or (3), any person violating this chapter or a regulation of the

department commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more than

$1,000.

§325. PROHIBITED ACTS

UNAUTHORIZED PRACTICE OF LAW

(a) No authority.—A commission as a notary public does not authorize the notary public to:

(1) assist persons in drafting legal records, give legal advice or otherwise practice law;

(2) act as an immigration consultant or an expert on immigration matters;

(3) represent a person in a judicial or administrative proceeding relating to immigration to the United States,

United States citizenship or related matters; or

(4) receive compensation for performing any of the activities listed in this subsection.

(b) False advertising

A notary public may not engage in false or deceptive advertising.

(c) Designation.—

(1) Except as set forth in paragraph (2), a notary public may not use the term “notario” or “notario publico.”

(2) Paragraph (1) does not apply to an attorney at law.

(d) Representations.—

(1) Except as set forth in paragraph (2), the following apply;

(i) A notary public may not advertise or represent that the notary public may:

(A) assist persons in drafting legal records;

(B) give legal advice; or

(C) otherwise practice law.

(ii) If a notary public advertises or represents that the notary public 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:

“I am not an attorney licensed to practice law in this Commonwealth. I am not allowed to draft legal

records, give advice on legal matters, including immigration, or charge a fee for those activities”.

(iii) If the form of advertisement or representation is not broadcast media, print media or the Internet

and does not permit inclusion of the statement required by this subsection because of size, it shall be

displayed prominently or provided at the place of performance of the notarial act before the notarial act

is performed.

(2) Paragraph (1) does not apply to an attorney at law.

(e) Original records.—Except as otherwise allowed by law, a notary public may not withhold access to or possession

of an original record provided by a person that seeks performance of a notarial act by the notary public.


§304(b) CONFLICT OF INTEREST A notarial officer may not perform a notarial act with respect to a record in which the

notary officer or the notary officer’s spouse has a direct or pecuniary interest.

§326. VALIDITY OF NOTARIAL ACTS

(a) Failures.—Except as otherwise provided in section 304(b) (relating to authority to perform notarial act), the failure

of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial

act performed by the notarial officer.

(b) Invalidation.—The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking

to invalidate the record or transaction which is the subject of the notarial act or from seeking other remedies based

on Federal law or the law of this Commonwealth other than this chapter.

(c) Lack of authority.—This section does not validate a purported notarial act performed by an individual who does

not have the authority to perform notarial acts.

§327. REGULATIONS

(a) Authority.—Except as provided in section 329.1(a)(relating to fees of notaries public), the Department may

promulgate regulations to implement this chapter. Regulations regarding the performance of notarial acts with respect

to electronic records may not require or accord greater legal status or effect to the implementation or application of a

specific technology or technical specification. Regulations may:

(1) Prescribe the manner of performing notarial acts regarding tangible and electronic records.

(2) Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial

act is self-evident.

(3) Include provisions to ensure integrity in the creation, transmittal, storage or authentication of electronic

records or signatures.

(4) Prescribe the process of granting, renewing, conditioning, denying, suspending or revoking a notary public

commission and assuring the trustworthiness of an individual holding a commission as notary public.

(5) Include provisions to prevent fraud or mistake in the performance of notarial acts.

(6) Establish the process for approving and accepting surety bonds under section 321(d) (relating to

appointment and commission as notary public; qualifications; no immunity or benefit).

(7) Provide for the administration of the examination under section 322(a) (relating to examination, basic

education and continuing education) and the course of study under section 322(b).

(7.1) Require applicants for appointment and commission as notaries public to submit criminal history record

information as provided in 18 Pa.C.S. Ch.91 (relating to criminal history record information) as a condition of

appointment.

(8) Include any other provision necessary to implement this chapter

(b) Considerations.—In promulgating regulations about notarial acts with respect to electronic records, the

department shall consider, so far as is consistent with this chapter:

(1) the most recent standards regarding electronic records promulgated by national bodies, such as the National

Association of Secretaries of State;

(2) standards, practices and customs of other states which substantially enact the Revised Uniform Law on

Notarial Acts; and

(3) the views of governmental officials and entities and other interested persons.

§328. NOTARY PUBLIC COMMISSION IN EFFECT

A commission as a notary public in effect on the effective date of this chapter continues until its date of expiration. A

notary public who applies to renew a commission as a notary public on or after the effective date of this chapter is


subject to this chapter. A notary public, in performing notarial acts after the effective date of this chapter, shall comply

with this chapter.

§305. REQUIREMENTS OF CERTAIN NOTARIAL ACTS

(a) ACKNOWLEDGMENTS. — A notarial officer who takes an acknowledgment of a record shall determine, from

personal knowledge or satisfactory evidence of the identity of the individual, all of the following:

(1) The individual appearing before the notarial officer and making the acknowledgment has the identity

claimed.

(2) The signature on the record is the signature of the individual.

(b) VERIFICATIONS. — A notarial officer who takes a verification of a statement on oath or affirmation shall

determine, from personal knowledge or satisfactory evidence of the identity of the individual, all of the following:

(1) The individual appearing before the notarial officer and making the verification has the identity

claimed.

(2) The signature on the statement verified is the signature of the individual.

(c) SIGNATURES. — A notarial officer who witnesses or attests to a signature shall determine from personal

knowledge or satisfactory evidence of the identity of the individual, all of the following:

(1) The individual appearing before the notarial officer and signing the record has the identity claimed.

(2) The signature on the record is the signature of the individual.

(d) COPIES. —A notarial officer who certifies or attests a copy of a record or an item which was copied shall

determine that the copy is a complete and accurate transcription or reproduction of the record or item.

(e) NEGOTIABLE INSTRUMENTS. —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). A protest is an

official certificate of dishonor of a negotiable instrument.

§306. PERSONAL APPEARANCE REQUIRED.

If a notarial act relates to a statement made in or a signature executed on a record, the individual making the

statement or executing the signature shall appear in person before the notarial officer.

§307. IDENTIFICATION OF INDIVIDUAL.

(a) Personal knowledge.—A notarial officer has personal knowledge of the identity of an individual appearing before the

notarial officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable

certainty that the individual has the identity claimed.

(b) Satisfactory evidence.—A notarial officer has satisfactory evidence of the identity of an individual appearing before

the notarial officer if the notarial officer can identify the individual as set forth in any of the following paragraphs:

(1) By means set forth in any of the following subparagraphs:

(i) A passport, driver’s license or government-issued nondriver identification card, which is current and

unexpired.

(ii) Another form of government identification issued to an individual, which:

is current; contains the signature or a photograph of the individual; and is satisfactory to the notarial

officer.

(2) By a verification on oath or affirmation of a credible witness personally appearing before the notarial officer

and personally known to the notarial officer.


(c) Discretion.— A notarial officer may require an individual to provide additional information or identification

credentials necessary to assure the notarial officer of the identical of the individual.

§308. AUTHORITY TO REFUSE TO PERFORM NOTARIAL ACT

(a) Specific refusal.—a notarial officer may refuse to perform a notarial act if the notarial officer is not satisfied that:

(1) the individual executing the record is competent or has the capacity to execute the record;

(2) the individual’s signature is knowingly and voluntarily made;

(3) the individual’s signature on the record or statement substantially conforms to the signature on a form of

identification used to determine the identity of the individual; or

(4) the physical appearance of the individual signing the record or statement substantially conforms to the

photograph on a form of identification used to determine the identity of the individual.

(b) General refusal.—A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than

this chapter.

CERTIFICATE OF NOTARIAL ACT

§315. (a) REQUIREMENTS

(1) A notarial act shall be evidenced by a certificate.

(2) Regardless of whether the notarial officer is a notary public, the certificate must:

(i) be executed contemporaneously with the performance of the notarial act;

(ii) be signed and dated by the notarial officer;

(iii) identify the county and State in which the notarial act is performed; and

(iv) contain the title of office of the notarial officer.

(3) If the notarial officer is a notary public, all of the following subparagraphs apply:

(i) The notary public must:

(A) sign the notary public’s name exactly and only as it appears on the commission; or

(B) execute the notary public’s electronic signature in a manner which attributes the signature to

the notary public identified in the commission.

(ii) The certificate must indicate the date of expiration of the notarial officer’s commission.

(b) Official stamp.—

(1) If a notarial act regarding a tangible record is performed by a notary public, an official stamp shall be

affixed to the certificate near the notary public’s signature in a form capable of photographic reproduction.

(2) If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public

and the certificate contains the information specified in subsection (a)(2)(ii), (iii), and (iv), an official stamp

may be affixed to the certificate.

(3) If a notarial act regarding an electronic record is performed by a notary public and the certificate

contains the information specified in subsection (a)(2)(ii), (iii) and (iv) and (3), an official stamp may be

attached to or logically associated with the certificate.

(4) If a notarial act regarding an electronic record is performed by a notarial officer other than a notary

public and the certificate contains the information specified in subsection (a)(2)(ii), (iii) and (iv), an official

stamp may be attached to or logically associated with the certificate.

(c) Sufficiency.—A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b)

and:

(1) is in a short form set forth in section 316 (relating to short form certificates);


(2) is in a form otherwise permitted by a statutory provision;

(3) is in a form permitted by the law applicable in the jurisdiction in which the notarial act was performed; or

(4) sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the

notarial act as provided in:

(i) sections 305 (relating to requirements for certain notarial acts), 306 (relating to personal appearance

required) and 307 (relating to identification of individual); or

(ii) a statutory provision other than this chapter.

§ 167.21. Official stamp

(a) The official stamp of a notary public must show clearly in the following order:

(1) The words “Commonwealth of Pennsylvania – Notary Seal.” (2) The name as it appears on the commission of the notary and the words “Notary Public.” (3) The name of the county in which the notary public maintains an office. (4) The date the notary’s current commission expires. (5) The seven-digit commission identification number assigned by the Department.

(b) No words or terms on the official stamp may be abbreviated. (c) The official stamp or notary seal shall be stamped or affixed to the notarial certificate near the notary’s

signature or attached to or logically associated with an electronic record containing the notary’s signature.

(d) A notary public shall not place an imprint of the notary’s official stamp over any signature in a record to be notarized or over any writing in a notarial certificate.

(e) A notary public shall not alter or deface the official stamp. (f) A notary public shall not use the notary public’s official stamp for any purpose other than to perform a notarial

act.

(g) A notary public shall not permit any other person to use the notary public's official stamp for any purpose. (h) A notary public shall not use any other notary public’s official stamp or any other object in lieu of the notary’s

own official stamp to perform a notarial act. (i) Transitional provision. A notary public who holds a commission on the effective date of this section may

continue to use his seal until the expiration of that commission, which may occur after the effective date of this section.

Commonwealth of Pennsylvania - Notary Seal JOHN H. HENRY Notary Public

Example of stamp: County of Philadelphia My Commission Expires July 1, 2018

Commission number 1234567

Security.—

§ 167.22. Stamping device

(a) A stamping device, as used in section 302 and section 318 of Title 57 of the Pennsylvania Consolidated Statutes, does not include a non-inking embosser or crimper.

(b) A stamping device must be capable of affixing or logically associating the official stamp, such that the record to which the official stamp is so affixed or associated may be copied, filmed, scanned, or otherwise legibly reproduced.

(c) The stamping device is the exclusive property of the notary public. When not in use, the stamping device shall be kept in a secure location and accessible only to the notary. A secure location includes in the notary’s sole possession or in a locked location to which only the notary has access.

(d) Notification of loss or theft of stamping device under section 318(b) shall be made in writing or electronically to the Department within ten days after the date the notary public or personal representative or guardian discovers that the stamping device was lost, misplaced, stolen or is otherwise unavailable. The notification shall include:


(1) A statement of whether the stamping device is lost, misplaced, stolen or is otherwise unavailable; (2) The date the notary public discovered that the official stamping device was lost, misplaced, stolen or is

otherwise unavailable; (3) A statement that the notary public does not possess the stamping device and does not know who

possesses it or where it is located; (4) A statement that if the notary public subsequently reacquires possession of the lost, misplaced, stolen or

otherwise unavailable stamping device, then the notary public shall file a statement with the Department within ten days after the date the notary public reacquires possession of the lost, misplaced, stolen or otherwise unavailable stamping device; (e) If a notary public subsequently reacquires possession of a lost, misplaced, or stolen stamping device, then

the notary public shall file with the Department a written statement of explanation of how the stamping device was recovered within ten days after the date the notary public reacquires possession of the lost, misplaced or stolen stamping device.

(f) An individual whose notary public commission has been suspended or revoked shall deliver the stamping device to the Department of State within ten days after notice of the suspension or revocation from the Department.

§319. JOURNAL (a) Maintenance.--A notary public shall maintain a journal in which the notary public records in chronological order

all notarial acts that the notary public performs. (b) Format.--A journal may be created on a tangible medium or in an electronic format. A notary public may

maintain a separate journal for tangible records and for electronic records. If the journal is maintained on a tangible medium, it shall be a bound register with numbered pages. If the journal is maintained in an electronic format, it shall be in a tamper-evident electronic format complying with the regulations of the department.

(c) Entries.--An entry in a journal shall be made contemporaneously with performance of the notarial act and contain all of the following information:

(1) The date and time of the notarial act. (2) A description of the record, if any, and type of notarial act. (3) The full name and address of each individual for whom the notarial act is performed. (4) If identity of the individual is based on personal knowledge, a statement to that effect. (5) If identity of the individual is based on satisfactory evidence, a brief description of the method of

identification and any identification credential presented, including the date of issuance and expiration of an identification credential.

(6) The fee charged by the notary public. Prohibited entries. A notary journal may not contain any personal financial or identification information about the

notary’s clients, such as complete Social Security numbers, complete drivers’ license numbers or complete account

numbers. Terminal numbers for these types of numbers, including the last four digits of a Social Security number, may

be used to clarify which individual or account was involved.

(d) Loss or theft.--If a journal is lost or stolen, the notary public shall promptly notify the department on discovering that the journal is lost or stolen.

(e) Termination of office.--A notary public shall deliver the journal of the notary public to the office of the recorder of deeds in the county where the notary public last maintained an office within 30 days of:

(1) expiration of the commission of the notary public, unless the notary public applies for a commission within that time period;

(2) resignation of the commission of the notary public; or (3) revocation of the commission of the notary public.

(f) Repository --(Reserved). (g) Death or incompetency.—On the death or adjudication of incompetency of a current or former notary public,

the personal representative or guardian of the notary public or a person knowingly in possession of the journal of the

notary public shall deliver it within 30 days to the office of the recorder of deeds in the county where the notary public

last maintained an office.


(g.1) Certified copies.—A notary public shall give a certified copy of the journal to a person that applies for it.

(h) Protection.—

(1) A journal and each public record of the notary public are exempt from execution.

(2) A journal is the exclusive property of the notary public.

(3) A journal may not be:

(i) used by any person other than the notary public; or

(ii) surrendered to an employer of the notary public upon termination of employment.

§167.34 Form and Content of an Electronic Notarial Journal (a) A journal of a notary public maintained in electronic format may be in any form that meets the requirements

set out in this rule and the entry requirements set out in section 319(c) of the Act. (b) A journal of a notary public maintained in electronic format shall be designed to prevent the insertion,

removal or substitution of an entry. (c) A journal of a notary public maintained in electronic format shall be securely stored and recoverable in the

event of a hardware or software malfunction. (d) Entries from the notarial journal must be available upon demand by the Department in a PDF format. (e) If a signature of a signer is contained in an electronic notarial journal, the signature must be:

(1) Attached to or logically associated with the electronic journal. (2) Linked to the data in such a manner that any subsequent alterations to the electronic notarial journal

entry are detectable and may invalidate the electronic notarial journal entry. (f) A journal of a notary public maintained in electronic format which is delivered to the office of the recorder of

deeds in compliance with section 319(e) of the Act shall be delivered in a format prescribed by the receiving recorder of deeds. §167.35 Notification of Lost or Stolen Journal

(a) A notary shall maintain custody and control of the notary journal at all times during the duration of the notary’s commission.

(b) Notification of loss or theft of journal under section 319(d) of the Act shall be made in writing or electronically within ten days after the date the notary public or personal representative or guardian discovers that the journal was lost, misplaced, destroyed or otherwise unavailable. The notification shall include:

(1) A statement of whether the notary journal is lost, misplaced, stolen or is otherwise unavailable; (2) An explanation of how the notary journal became unavailable; (3) The date the notary public discovered that the notary journal was lost, misplaced, stolen or is otherwise

unavailable; (3) A statement that the notary public does not possess the journal and does not know who possesses it or where

it is located; (4) A statement that if the notary public subsequently reacquires possession of the lost, misplaced, stolen or

otherwise unavailable journal, then the notary public shall file a statement with the Department within ten days after the date the notary public reacquires possession of the lost, misplaced, or stolen journal;

(c) If a notary public subsequently reacquires possession of a lost, misplaced, or stolen journal, then the

notary public shall file with the Department a written statement of explanation of how the journal was recovered

within ten days after the date the notary public reacquires possession of the lost, misplaced, stolen or otherwise

unavailable journal.

§167.36 Certified Copies of Notary Journal

(a) General. Requests for certified copies of a notary journal made in accordance with section 319*g.1) of the

Act shall be reasonable in scope and specify the particular entry or time period sought. Such requests may,

but are not required to be, in writing. The notary public shall provide the certified copy within 10 days of

receipt of the request. The notary may charge reasonable fees for copying and postage, but the requestor

should be advised in advance of these fees. If the scope of the request is not clear, the notary may offer to


have the requester inspect the journal at the notary’s office to identify the specific pages or dates that the

requester is seeking.

(b) Subpoenas and investigative requests. A request for certified copies of a notary journal made through an

investigative request by law enforcement or by the Department or in a subpoena in the course of criminal or

civil litigation shall be complied with in the manner specified in the request or subpoena.

§ 329.1. FEES OF NOTARIES PUBLIC

(a) Department.--The fees of notaries public shall be fixed by the Department by regulation.

(b) Prohibition.--A notary public may not charge or receive a notary public fee in excess of the fee fixed by the

department.

(c) Operation.--

(1) The fees of the notary public shall be separately stated.

(2) A notary public may waive the right to charge a fee.

(3) Unless paragraph (2) applies, a notary public shall:

(i) display fees in a conspicuous location in the place of business of the notary public; or

(ii) provide fees, upon request, to a person utilizing the services of the notary public.

NO

DATE & TIME

OF NOTARIAL

ACT

DESCRIPTION OF DOCUMENT OR

PROCEEDING AND HE TYPE OF

NOTARIAL ACT PERFORMED

FULL NAME, CITY, AND STATE OF THE PERSON

WHOSE SIGNATURE IS BEING NOTARIZED

INDICATE IF IDENTITY IS BASED ON PERSONAL

KNOWLEDGE OR SET FORTH A BRIEF DESCRIPTION OF

METHOD OF IDENTIFICATION, INCLUDING DATE OF

ISSUANCE AND EXPIRATION OF CREDENTIAL

THE SIGNATURE OF EACH

PERSON WHOSE SIGNATURE

IS BEING NOTARIZED

NOTARIAL

FEE

CHARGED

1

8-1-2016

9:00AM

Jones vs Smith

Administer an Oath

John A. Jones

Philadelphia, PAPA Drivers License

Issue 7-17-17

Exp 7-17-21

5.00

2

8-5-16

10:15AM

DEED

Acknowledgement

Mary Jones

Allentown, PANJ Drivers License

Issue 10-17-17

Exp 10-17-21

5.00

3

8-8-16

2:00PM

Ohio Corp. Filing

Acknowledgement

Charles Smith

Smithville, PAPA Drivers License

Issue 6-6-16

Exp 6-6-21

5.00

4

8-9-16

1:30PM

Affidavit

witness to

accident

Joan R. Sand

Reading, PAPA Drivers License

Issue 4-13-16

Exp 4-13-20

5.00

5

8-10-16

2:15PM

Passport Copy

Certification

Irving Anyman

Philadelphia, PA 19103US Passport

Issue 5-5-16

Exp 5-5-26

5.00

6

7

8

9

10

PUBLISHED BY NOTARIES EQUIPMENT CO.

PHILADELPHIA, PA NOTARY PUBLIC JOURNAL


(a) The fees of notaries public as fixed by the Department of State pursuant to section 329.1 of the Revised Uniform Law on Notarial Acts (Act 73 of 2013) (57 Pa.C.S. §329.1) are:

NOTARY PUBLIC FEE SCHEDULE

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

(b) A notary public may charge a clerical or administrative fee for services related to a notarial act, such as copying, postage, travel and telephone calls. If charging clerical or administrative fees, the notary must inform the customer of the amount of each fee prior to performing the service. Clerical or administrative fees must be reasonable. (c) A notary public shall provide an itemized receipt for all fees charged by the notary public. (d) A notary public may not charge any fee under subsection (a) for notarizing the supporting affidavit required in an Emergency Absentee Ballot or the affidavit of a person needing assistance to vote an absentee ballot. (e) A notary public may not charge a fee under subsection (a) where other applicable law dictates that no fee may be charged. Cross reference 51 Pa.C.S. § 9101 (Acknowledgments and administering oaths without charge). (f) A notary public shall display or provide fees in accordance with section 329.1(c)(3). For purposes of display of fees, a place of business is the notary’s business office, residence or any other location where the notary public performs a notarial act. Chapter 163. Special Rules of Administrative Practice and Procedure

(d) Presumption.--The fee for a notary public:

(1) shall be the property of the notary public; and

(2) unless mutually agreed by the notary public and the employer, shall not belong to or be received by the

entity that employs the notary public.


Embossing seal (a) A notary public may use an embossed or crimped image in the performance of a notarial act, but only in conjunction with use an official stamp. (b) A notary public shall not place the embossment over any signature in a record to be notarized, or in a notarial certificate or over any writing in a notarial certificate. (c) A notary public shall not use any other notary public’s embosser or any other object in lieu of the notary

public’s official stamp to perform a notarial act.

The use of an embosser seal is no longer required and its use is optional. Even though an embossing seal is no longer required, the use of an embosser seal can eliminate potential problems when documents are sent to other states or foreign countries. Foreign countries, in particular, attribute a great deal of importance to the ceremonial aspects of documents and the absence of an embossed impression could cause a rejection of the document.


Precautions you should take when notarizing documents: Determine whether the signer understands the nature of the document that they are signing. If the person is illiterate, the document should be read to the person and the contents made known to them by such means as will enable the person to comprehend the nature and effect of his or her act. Determine that the signer is not being coerced into signing the document and that they are doing so as a voluntary act. A notary should not notarize a foreign language document if he or she does not read and understand the document. However, the operative words are “should not”. Ideally, the notary should refer the parties to another notary who is fluent in that language, or to a foreign consulate. Numerous potential problems can occur. Do not rely on the signer, or a person accompanying the signer for a translation because of the risk of a fraudulent translation. However, if the notary has a co-worker or some other individual who can translate the document, the risk is reduced or eliminated. A notary is not prohibited from notarizing a foreign language document, provided that the notarial wording on the certificate is written in English. If the notary has a level of comfort with the signer, the risk factor is reduced. In other words, each situation stands alone. Pennsylvania law (42 P.S. §4202 (c)) states “A writing not in the English language shall not constitute notice to any person unless there is attached to it and filed with it a translation in the English language.” If the document to be notarized is to be filed with the government, i.e. a deed, mortgage, etc. a translation must accompany the foreign language document. Note the law does not require the translation to be notarized. But it seems that a notarized translation would be more effective in stemming any future question as to the translation. Below is a form affidavit to be used in that situation.

State of Pennsylvania: County of

(name of translator) being duly sworn according to law deposes and says that I am fluent in the ____________ language, and that the above is a full and accurate translation of the accompanying ____________ language document which I have translated into English.

Signature of Translator (Address)

Sworn to and Subscribed before me this___ day of __________, 2018

_____________________________ Notary Public

Scan the document for blank spaces. A notary should not notarize an incomplete document – If presented with a document for notarization that you know from experience to be incomplete or that is without doubt on the face incomplete, you should refuse to notarize the document. This lessens the possibility of a legal challenge and helps to prevent fraud. When a document contains blank spaces, the customer should, alternatively, run a

line through the blank spaces or “X” them out or initial the blank spaces. Never erase or use white-out. Protect yourself from becoming involved in litigation as a party or as a witness. If terms and conditions are left out of a document when it is notarized, terms unfavorable to the signer may later be inserted into the document. (For example a higher interest rate may later be inserted.) The execution and notarization of Wills and Powers of Attorney are generally done in the office of the attorney who prepared the documents for the clients. However, it is possible that individuals will get these documents off the internet and seek out an independent notary. These two documents are among the most sensitive documents concerning life decisions. They often lead to disputes among family members. When prepared by


and signed in the presence of the attorney - no problem. He or she is there to take the heat if and when litigation ensues. The documents have been explained to the principal. BUT if you are an independent notary, not employed by an attorney, be very very cautious. Just don't notarize the document, ask a couple of questions;

engage the signer to make sure they are comfortable with the document. Remember, the worst thing that can happen to you is that you are called into court as a witness several years after the notarization.

NOTARIAL ACTS

§ 167.61. Acknowledgments

(a) The individual making the acknowledgment shall appear personally before the notarial officer. (b) The notarial officer shall have personal knowledge or satisfactory evidence of the identity of the

individual making the acknowledgment. (c) A record may be signed in the notarial officer’s presence or a record may be signed prior to the

acknowledgment. A record may not be signed subsequent to an acknowledgment. (d) If the record is signed prior to appearance before the notarial officer, the individual making the

acknowledgment shall acknowledge that the signature on the record is his or her own voluntary act. (e) The notarial officer shall compare the signature on the record to the signature of the individual on

the identification presented. § 167.62. Oaths and affirmations

(a) The individual taking the oath or affirmation shall appear personally before the notarial officer. (b) The notarial officer shall have personal knowledge or satisfactory evidence of the identity of the

individual taking the oath or affirmation. (c) An oath or affirmation may be verbal or in writing. If in writing, the oath or affirmation shall be

signed in the presence of the notarial officer. (d) In administering an oath or affirmation, the notarial officer shall require the individual taking the

oath to voluntarily swear or affirm that the statements contained in the oath are true or that the individual will perform an act or duty faithfully and truthfully.

Oaths:

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.

SAMPLE OATHS

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.

Affiant: I do.


Notary Public's Oath of Office State of Pennsylvania County of I, Joe Q. Notary, having been duly appointed and commissioned a Notary Public in and for the Commonwealth

of Pennsylvania, do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the

United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with

fidelity.

§ 167.63. Verifications on oath or affirmation

(a) The individual making the verification on oath or affirmation shall appear personally before the notarial officer.

(b) The notarial officer shall have personal knowledge or satisfactory evidence of the identity of the individual making the verification on oath or affirmation.

(c) A record containing a statement which is being verified on oath or affirmation must be signed in the notarial officer’s presence. A record containing a statement which is being verified may not be signed subsequent to the verification on oath or affirmation.

(d) The notarial officer shall compare the signature on the statement verified to the signature of the individual on the identification presented.

(e) In taking a verification on oath or affirmation, the notarial officer shall administer an oath to the individual making the statement and require that the individual voluntarily swear or affirm that the statements contained in the record are true. § 167.64. Witnessing or attestation of signatures

(a) The individual signing the record shall appear personally before the notarial officer. (b) The notarial officer shall have personal knowledge or satisfactory evidence of the identity of the

individual signing the record. (c) A record containing a signature which is being witnessed or attested must be signed in the notarial

officer’s presence. A record containing a signature which is being witnessed or attested may not be signed

subsequent to the witnessing or attestation of the signature. (d) The notarial officer shall compare the signature on the record signed to the signature of the

individual on the identification presented. (e) The notarial act of witnessing or attesting a signature differs from an acknowledgment in that the

party relying on the record may know for certain that the record was signed on the same date that the notarial officer affixed the official stamp and signature to the document.

(f) The act of witnessing a signature differs from a verification on oath or affirmation in that the signer

is merely signing the record, not swearing or affirming that the contents of the record are true.

}SS:


§ 167.65. Certified or attested copies and depositions

(a) The notarial officer must be presented with the record, which may be in the possession of the requestor, or in the case where there is an official repository of records, in the care and possession of the notarial officer who may be the custodian of the official archive or collection.

(b) For paper records, the notarial officer shall compare the original document to a photocopy made by

the requestor or by the notarial officer to determine that the photocopy or duplicate is a complete and accurate transcription or reproduction of the original record.

(c) For electronic records, the notarial officer shall compare the original record to a copy made by the

requestor or by the notarial officer to determine that the copy is a complete and accurate transcription or reproduction of the original record.

(d) The notarial officer shall examine the record for alteration or tampering and to ensure that the original record itself is not a photocopy or copy.

(e) In issuing a certified or attested copy, the notary public does not guarantee the authenticity of the

original document, its contents or its effects. (f) Records for which a notary may not issue a certified copy include:

(1) Vital Records (birth and death certificates) (2) U.S. Naturalization Certificates (3) Any government-issued record which on its face states “do not copy,” “illegal to copy” or words of similar meaning (4) Any record which is prohibited by law to copy or certify

(g) Subject to subsections (f)(4) and (h), records for which a notary may issue a certified copy include:

(1) Public records (2) Passports (3) Drivers’ licenses (4) Transcripts (5) Diplomas (6) Contracts (7) Leases (8) Bills of sale (9) Medical records, consents or waivers

(10) Powers of attorney (h) For purpose of this section, a public record is defined as any record that is filed in or issued by a

domestic or international federal, state or local government agency. If the record is intended to be sent overseas and will require an apostille or certification from the U.S. Department of State or Pennsylvania Department of State, the record must be certified by the office where the original or official copy of the record is maintained or by the public official who issued the record. Examples include deeds, marriage records, court orders and corporate documents filed with a state office or state repository as the official record.


Sample School Transcript Certification

When you need to have a school or college transcript certified, it must be certified by the Registrar or Principal

in the presence of a notary. The registrar or other authorized person should sign a statement on the back of

the transcript and have the certification notarized.

I, John Smith, President of XYZ Academy, certify that this is a true, correct and complete copy of the original transcript of Margaret Johnson. ____________________ John Smith, President

Note: A copy of a diploma can be certified as a true and correct copy if the client presents the original diploma to you.

§ 167.66. Protests of negotiable instrument

(a) 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:

(1) Identify the negotiable instrument; (2) Certify either that presentment has been made or, if not made, the reason why it was not

made, and (3) State that the instrument has been dishonored by nonacceptance or nonpayment.

(b) The protest may also certify that notice of dishonor has been given to some or all parties. (c) The individual requesting the protest shall appear personally before the notarial officer and be

identified in the protest as the holder of the dishonored negotiable instrument. (d) The notarial officer shall have personal knowledge or satisfactory evidence of the identity of the

individual requesting the protest.


Notary Public

SAMPLE NOTARY STATEMENTS

Sample Notary Statements for the following forms:

Taking an Acknowledgement Administering an oath or affirmation Taking a verification on oath or affirmation Witnessing or attesting a signature Certifying or attesting a copy or deposition Noting a protest of a negotiable instrument

§ 316. SHORT FORM CERTIFICATES

The following short form certificates of notarial acts are sufficient for the purposes indicated if completed with

the information required by section 315(a) and (b) (relating to certificate of notarial act):

(1) For acknowledgment in an individual capacity

State of Pennsylvania

County of Philadelphia

This record was acknowledged before me on this __21st__ day of

_____June_____2018 by ______________________________ (name(s) of individual(s))

________(Notary’s Signature)__________

Commonwealth of Pennsylvania – Notary Seal

JOHN H. HENRY Notary Public


My Commission Expires October 31, 2021



Notary Public

Notary Public

(2) For an acknowledgment in a representative capacity:


County of Dauphin

This record was acknowledged before me on this __14th__day of_November_, 2017

by________________________________________________________________

as (type of authority, such as officer or trustee)

who represent that (he, she or they) are authorized to act on behalf of (name of party

on behalf of whom record was executed)


(2.1) For an acknowledgment by an attorney at law pursuant to 42 Pa.C.S. § 327 (relating to oaths and

acknowledgments):


County of Allegheny

This record was acknowledged before me on ___30____,__December__2017

by ______________________________________________(name of attorney)

Supreme Court identification number

as a member of the bar of the Pennsylvania Supreme Court certified that he/she was personally present when

(name(s) of individual(s)) executed the record and that (name(s) of individual(s)) executed the record for the

purposes contained therein.













Notary Public

Notary Public

The acknowledgment of the testator and the affidavit of a witness may be made before a member of the bar of

the Supreme Court of Pennsylvania or of the highest court of the state in which execution of the will occurs who

certifies to an officer authorized to administer oaths that the acknowledgment and affidavit was made before him.

In such case, in addition to the acknowledgment and affidavit, the attorney’s certification shall be evidenced

by the officer before whom it was made substantially as above.

(3) For a verification on oath or affirmation:


County of Montgomery

Signed and sworn to (or affirmed) before me

On this _14th_day of __November__, 2017

by __________________________________

Name of individuals making the following statement

____________________________________


(4) For witnessing or attesting a signature:


County of Delaware

Signed (or attested) before me on this __30th__day of _November_, 2017

by ______________________________________________________(name(s) of individual(s))













Notary Public

Notary Public

(5) For certifying a copy of a record:


County of Lehigh

I certify that this is a true and correct copy of a ___________________

in the possession of __________________________________________

Dated this __28th__day of _December_2017


(6) For certifying the transcript of a deposition:



I certify that this is a true and correct copy of the transcript of

the deposition of________________________________, Dated

this _13th_ day of_December_, 2017













Notarizing for Business Entities Corporations and other business entities are viewed as legal or corporate persons with the same rights as

“natural” individuals. But they cannot sign on their own; they need a representative: an officer, director,

partner, or attorney-in-fact. A common type of acknowledgment is the Acknowledgment in a Representative

Capacity. Normally, this means signing on behalf of a business.

It is good practice to determine if the signer has the authority to represent the company, but the notary must

have proof if the certificate requires it, through wording like “known by me,” or “proven to be”.

Personal knowledge. If the notary has a long-time acquaintance with the individual and would be willing

to swear in court that the person is an officer of the company, then he or she can rely on that knowledge

for the notarization.

Documentary evidence such as a partnership agreement, corporate annual report, trust agreement, or

verification from the Bureau of Corporations and Charitable Organizations, may be used as proof of

representative capacity. Business cards and stationary are not sufficient evidence, and should not be

relied upon.

In other words, since YOU are now aware that a Power of Attorney is not valid without the above

acknowledgment, you MUST NOT notarize a Power that does not have the above acknowledgment attached.

If someone claims to be able to sign for another, a demand to see the power of attorney is required. Make

sure that the power covers the purpose of the instrument. In real estate matters the power of attorney must

be formally acknowledged before a notary public so that it can be recorded along with the real estate deed,

deed of trust, mortgage, or other document. A power of attorney can be either witnessed by one or more

persons or notarized; does not require both. Keep in mind that a notary cannot act as both a witness and as a

notary on the same document.

In addition to the acknowledgment of instruments in the manner and form as otherwise now or hereafter

authorized by the laws of this State or by this act, persons serving in or with the Armed Forces of the United

States or their dependents wherever located may acknowledge the same before any commissioned officer in

active service of the armed forces of the United States with the rank of Second Lieutenant or higher in the Army,

Air Force or Marine Corps or Ensign or higher in the Navy or Coast Guard. The instrument shall not be rendered

invalid by failure to state therein the place of execution or acknowledgment. No authentication of the officer’s

certificate of acknowledgment shall be required but the officer taking the acknowledgment shall endorse

thereon or attach thereto a certificate substantially in the following form U.S. Code 1044(a):


On this_____day of________, 20_____ Before me________________________ ______________________________ Signature of the Officer ______________________________

Rank & Serial No. of Officer and Command to which attached

PERFORMING NOTARIAL ACTS

The basic role of a notary public in our legal system and in the world of commerce is to prevent fraud. Notaries

deter fraud when they perform their duties with diligence and obey the laws governing their duties. The basic

requirement for performing a notarization is that the person who is taking an oath or making an

acknowledgment (the one whose signature is being notarized) must be present at the time of the notarization.

The law requires the presence in person before the notary at the time that the instrument is notarized (except

physical presence is not required for certification of a copy) and the notarization must take place within the

boundaries of the Commonwealth of Pennsylvania.

NOTARIZING: STEP BY STEP

Examine the Document.

It is not necessary to read every word of the document, but you should scan the entire document to make sure

it is complete BEFORE notarizing.

Check the Notarial Certificate.

The Undersigned officer personally appeared_______________________(Serial No.) (if any) known to me (or satisfactorily proven) to be (serving in or with the armed Forces of the United States) (or a dependent of)_____________________(Serial No.) (if any) A person serving in or with the armed forces of the United States and to be The person whose name is subscribe d to the within instrument and acknowledgment that he executed the same for the purposes therein contained. And the undersigned does further certify that he (she) is at the date of this certificate a commissioned officer of the rank stated below and is in the active service of the armed forces of the United States.


FIRST, look at the venue:

State of_________________

County of________________

This language should reflect the location where the document is being notarized.

SECOND, check the date. If an incorrect date has been filled in, strike through that date, write in the correct

date, and initial the change BEFORE notarizing. The correct date is the actual date of notarization. The date of

the notarization will always be the date the notarization was made. Notarization cannot be backdated. Do not

erase or use white-out.

THIRD, look for the key words, "sworn" or "acknowledged", to determine if you are to administer an oath or

take an acknowledgment. If the document does not have a notarial certificate, the signer must tell you which

notarial act the document requires. At the signer’s direction, you may write or type the appropriate certificate

on the document. You can refuse to notarize unless the signer attaches the correct certificate to the document.

IDENTIFY THE PERSON:

§ 307. Identification of individual.

If you have a doubt about a form of identification that the signer presents to you, ask for a second form of I.D.

Compare the signature on the document to be notarized with the signature on the identification card. Also

having the signer sign the journal gives you another opportunity for signature comparison.

Assure that the signer understands the document.

You are not responsible for the contents of the document; however, you should be satisfied that the signer has

read and understands the document, and that the signer is competent and willing to sign. If the signer has

unanswered questions about the document or its effect, you should refer him or her to an attorney and not

notarize.

If the signer is blind or illiterate, read the document to him or her. You should not notarize a document written

in English if the parties to the document who appear before you only speak a foreign language unfamiliar to

you and there is no interpreter. You should refer the parties to another notary who speaks the foreign

language, or to the foreign consulate, or to an attorney.


If the person is unable to sign their name because of illiteracy or physical disability, question the signer to

make sure that they understand the effect of the document to be signed and have them make their mark next

to their printed name on the instrument.

Make sure that the name of the person or persons and any witnesses to the document are printed or written

legibly in the document. There have been many court cases arising from the inability to determine the names

of the persons named in an instrument.

ADMINISTERING AN OATH OR TAKING AN ACKNOWLEDGMENT

When administering an oath, make sure that the person understands that he or she is swearing (or affirming)

that the contents of the document are true.

When taking an acknowledgment, make sure that the person is entering into the transaction of his or her own

free will.

For a verification on oath or affirmation in which the person has sworn that the contents of his/her written

statement are true, filled in by the notary public with the date, name of the person swearing, sometimes the

place where sworn and the name of the person before whom the oath was made.

Make sure that the certificate contains all the information required by the law. If the notarial certificate is

incomplete, write in the additional information.

Sign your name, print or type your name below your signature, and affix your notary seal. Sign in black or blue

ink only. Do not use any other color.

DO NOT LEAVE ANY BLANK SPACES

NOTARIZATION OF A MINOR’S SIGNATURE

The Pennsylvania Notary Law is silent as to this question. However it is proper to notarize the signature of a

minor, using the same standards required of an adult. i.e., there must be face to face contact; you must have

proper identification (satisfactory proof or a credible witness); you must be comfortable that the minor

understands the nature of the document.

Rule 2036 of the Pa Rules of Civil Procedure sets forth:

“Affidavits which are required to be made by a party to an action including affidavits to the pleadings, may be

made by a minor if the minor has sufficient mental capacity to understand the contents of the paper to which

the affidavit is made and to appear in court as a witness.”…. (emphasis added)


Rule 12.5 of the Pennsylvania Orphans’ Court Rules require that a Petition for appointment of a Guardian of a

Minor over the age of 14 be filed by the Minor. This implies that the minor must sign the required

accompanying affidavit.

Title 42 Pa. C.S.A. §§ 5981-85, pertaining to Child Victims of Crime set forth specific procedures for the

testimony of children (under 16) and Section 5984 (relating to the deposition of children) states “…The

deposition (of the child) shall be taken under oath or affirmation.”

Based on the above Rules of Court, and Statute, it appears proper for a Pennsylvania notary to notarize the

signature of a minor, provided the same precautions are taken as an adult. You must have the minor in front

of you, you must have proper identification, you must be comfortable with the minor understanding the

nature of the document, and that the signing by the minor is to be done without coercion. If the minor is over

16, proof of identity in all likelihood will be by a driver’s license. Otherwise, it would be proper to ask for a

school identification card, passport, etc. If not forthcoming, you may refuse to notarize.

Notarial Certificates

When performing notarizations, you are required to complete a notarial certificate of the act (except for an

oral oath). The certificate is a record of what occurred at the time of the notarization, and you are responsible

for ensuring that the certificate is complete and accurate. You will note that the notarial certificates for all

notarial acts contain these basic elements:

Venue (the location of the notarization) Actual date of notarization That the signer personally appeared before the notary ("before ME") Name of person whose signature is being notarized Type of notarial act (oath/affirmation/acknowledgment/verification of an oath or affirmation/ witnessing or attesting a signature. Signature of notary Name of notary printed/typed/stamped below signature Notary Seal

Never affix your seal and signature to a document that does not contain proper notarial wording. Important Note: The notary seal and signature alone do not constitute a notarization.



County of ____________

This record was acknowledged before me on this ______ day of

_____________2018 by _____________________________ (name(s) of individual(s))

__________________________________

John Henry

(Some notarial certificates may vary in format, but any certificate should contain all these elements.)

LOOSE CERTIFICATES

Preprinted notarial certificates designed to be attached to a document should be used only in rare

circumstances. Most documents will have a notarial certificate printed on the document. Use that certificate,

but make sure it complies with Pennsylvania law. (Check the Statement of venue, date and place to print the

signer’s name.) If the document has no notarial certificate, you should ask the signer which notarial act is

required for the execution of the document (an oath/affirmation/acknowledgment/verification/witnessing or

attesting a signature). At the signer’s direction, you may type or print the appropriate certificate on the

document below the designated signature line for the document signer. Only in rare circumstances should you

actually attach a loose certificate.

If and when you use a loose certificate be sure to state in the notarial certificate an exact description and date

of the document rather than referring to the document being notarized as “the instrument”.




My Commission Expires July 1, 2018



SAMPLE LOOSE CERTIFICATE WITH EXACT DESCRIPTION AND DATE OF THE DOCUMENT BEING NOTARIZED

State of Pennsylvania County of This record was acknowledged before me on this 2nd day of July, 2017 by Mary Jones who executed the within agreement for the purchase of 100 widgets from Acme Widget Mfg. Company consisting of two pages, dated April 22nd, 2017. _________________________

Signature of notarial officer

The notary signs and affixes their stamp seal – It is suggested that the seal embosser then be used by laying the acknowledgment form on top of the document being notarized (In this case the agreement) and making a single impression that leaves an impression on both the acknowledgment and the several pages of the document at the same time. In this way you have accomplished at least 3 good things:

1) You have prevented the notarized loose certificate form from being used on another document;

2) You have identified yourself as the notary on a non-notarized page by use of the embosser, so that if the certificate is lost or removed, someone will be able to find you, and if your journal is in proper order, you can issue a new certificate;

3) You have shown the customer that you have gone “the extra mile” because you have given extra

protection to the document.

}SS:




My Commission Expires July 1, 2018




NOTARY’S RULES OF CONDUCT

1.) NEVER Notarize a document without in person eye-to-eye contact with the customer.

2.) You must be able to observe, interact with and communicate with the customer.

3.) NEVER Notarize a document without proper identification or personal knowledge of identity of the

customer.

4.) NEVER Notarize your own signature or a document in which you are or your spouse are named or

otherwise receive a direct or financial benefit.

5.) Always Record a notarization in your journal before notarizing.

6.) NEVER Sign your name other than as it appears on your commission or stamp seal.

7.) NEVER Charge more than the notary fee set by statute.

8.) ALWAYS Record a notarization in your journal before notarizing.

9.) NEVER Notarize a document unless the notarial certificate contains the current date. (Cross out and

put in current date if necessary)

10.) NEVER Whiteout or erase any part of a Notary Certificate.

11.) NEVER Put your signature on a document as both a Notary and as a witness – You can sign in only one

capacity.

12.) NEVER Notarize a document that does not contain the proper language of a notarial certificate.

13.) ALWAYS Identify the Notarial Certificate as an Acknowledgment, Affidavit or other form.

14.) NEVER Use your Notary Equipment (seal or journal) outside of Pennsylvania.

15.) NEVER Let anyone else use your seal or journal.

16.) NEVER Use any color ink other than black or dark blue for your seal and signature.

17.) ALWAYS Ensure that the Notarial certificate has the name of the principal (and witnesses) PRINTED

CLEARLY.


What is an Apostille or Certification?

An apostille is a certificate attached to a notarized document by the Secretary of the Commonwealth of Pennsylvania to

verify the notary’s authority to notarize the document to which it is attached.

When a Pennsylvania notary public notarizes a document that will be filed in another state or country, the notary may be

asked for proof of his or her appointment. This verification, depending upon the requirements of the particular state or

country, may be obtained from the Secretary of the Commonwealth. The individual for whom the notarization was

completed should check with the state or country of destination for their requirements.

The Secretary of the Commonwealth provides authentication of public officials’ signatures on documents. If the document

is to be used outside the United States, the country of destination determines whether the authentication is an Apostille

or Certification.

In countries that have accepted the Hague Convention, the notary public’s appointment is certified by an Apostille. The

Apostille and other verifications are prepared by the Secretary of the Commonwealth for a $15.00 fee. At this time the

following countries and territories have accepted the Hague Convention:

Member States of the Hague Conference Which are Contracting States to or have Signed the Convention

Albania

Czech Republic Lesotho Andorra Denmark Liberia Antigua and Barbuda Dominica Liechtenstein Argentina Dominican Republic Lithuania Armenia Ecuador Luxembourg Australia El Salvador Macau Austria Estonia Macedonia Azerbaijan Fiji Malawi Bahamas Finland Malta Bahrain France Marshall Islands Barbados Georgia Mauritius Belarus Germany Mexico Belgium Greece Moldova Belize Grenada Monaco Bosnia and Herzegovina Honduras Mongolia Botswana Hong Kong Montenegro Brazil Hungary Morocco Brunei Iceland Namibia Bulgaria India Netherlands Burundi Ireland New Zealand Cape Verde Israel Nicaragua Chile Italy Niue Colombia Japan Norway Cook Islands Kosovo Oman Costa Rica Kazakhstan Panama Croatia Kyrgyzstan Paraguay Cyprus Latvia Peru


Poland Seychelles Tonga Portugal Slovakia Trinidad and Tobago Romania Slovenia Turkey Russia South Africa Ukraine Saint Kitts and Nevis South Korea United Kingdom Saint Lucia Spain United States Saint Vincent and the Grenadines Suriname Uruguay

Samoa Swaziland Uzbekistan San Marino Sweden Vanuatu Sao Tome and Principe Switzerland Venezuela Serbia Tajikistan

Non-Member States of the Hague Conference Which are Contracting States to or have Signed the Convention

Afghanistan Guinea Palestine Algeria Haiti Philippines Angola Indonesia Qatar Bangladesh Iran Rwanda Benin Iraq Saudi Arabia Bolivia Jamaica Senegal Brazil Jordan Sierra Leone Burkina Faso Kenya Singapore Burma Myanmar Kuwait Sri Lanka Cambodia Laos Sudan Cameroon Lebanon Syria Canada Libya Taiwan Chile Macedonia Tanzania China Madagascar Togo Congo Republic Malaysia Thailand Congo Democratic Mali Tunisia Ivory Coast Mauritania Turkmenistan Cuba Morocco United Arab Emirates Egypt Mozambique Uganda Eritrea Nepal Vietnam Ethiopia Niger Yemen Ghana Nigeria Zambia Guatemala Pakistan Zimbabwe

A certificate of authentication is affixed to documents intended for countries that are not party to the Hague Convention.

Apostilles require no further diplomatic or consular legalization while certificates of authentication must first be processed

by the U.S. Department of State.

When the Secretary of the Commonwealth certifies a document, it verifies that the person who signed the document is a

Pennsylvania official and the Secretary has given “full faith and credit” to the official’s seal and signature.

Common uses of Certification may be for adoptions, international business transactions, foreign study, dual citizenship,

patents, marriage licenses, reference and job certification, birth certificates, transcripts and many other uses.

Also, documents coming to the United States from foreign countries must meet the same requirements unless Notarized

at the American Consulate/Embassy, if any, of the source country.


How Do I Obtain an Apostille or Certification?

Your documents must be signed and sealed by a Pennsylvania notary public or the Pennsylvania official who is the

custodian of the record.

Mail your documents to the Department of State along with the Request for Legalization of Documents form.

Enclose a personal check, money order or cashier's check made payable to "Commonwealth of Pennsylvania" in the

amount of $15 per document per separate signature. Checks and money orders must be issued by a U.S. institution.

Cash cannot be accepted by mail or in person.

Photocopies of notarized or certified documents may not be certified by the Secretary of the Commonwealth.

Enclose a self-addressed, stamped envelope for return of your documents. If you wish the order to be returned by

a courier service, you must enclose a prepaid air bill with your order.

Mail your request to:

Pennsylvania Department of State

Bureau of Commissions, Elections and Legislation

Room 210 North Office Building Harrisburg, PA 17120

717-787-5280

(NOTARIES EQUIPMENT COMPANY can assist in processing your requests for Apostilles.)


Request For Legalization Of Documents

THE FEE IS $15.00 PER CERTIFICATE ISSUED

PLEASE MAKE ALL CHECKS OR MONEY ORDERS PAYABLE TO THE COMMONWEALTH OF PENNSYLVANIA

NAME OF REQUESTOR_________________________________

FIRM/ORGANIZATION (IF APPLICABLE) ___________________________________________

ADDRESS: ________________________________________________________________

________________________________________________________________

________________________________________________________________

PHONE #: ________________________________________________________________

COUNTRY FOR WHICH THE DOCUMENTS ARE BEING PREPARED: ___________________

NUMBER OF DOCUMENTS TO BE CERTIFIED: _____________________________________

PAYMENT IS MADE BY: CHECK OR MONEY ORDER $_______ NUMBER_______________

PLEASE ENCLOSE A SELF-ADDRESSED, STAMPED ENVELOPE FOR RETURN OF THE DOCUMENTS TO BE RETURNED BY A

COURIER SERVICE, YOU MUST ENCLOSE A PRE-PAID AIR BILL WITH YOUR ORDER.

AUTHENTICATION REQUESTS ARE PROCESSED AS QUICKLY AS POSSIBLE. HOWEVER, PROCESSING TIME MAY VARY

DEPENDENT UPON THE VOLUME OF THE WORK AND THE RESOURCES AVAILABLE. PLEASE SUBMIT DOCUMENTS AS

SOON AS POSSIBLE TO ALLOW SUFFICIENT TIME FOR COMPLETION. REQUESTS ARE PROCESSED IN THE DATE ORDER

THEY ARE RECEIVED.

THE PENNSYLVANIA SECRETARY OF THE COMMONWEALTH MAY ONLY AUTHENTICATE DOCUMENTS ISSUED IN THE

COMMONWEALTH OF PENNSYLVANIA BY THE FOLLOWING PUBLIC OFFICIALS:

*STATE OFFICIALS

*COUNTY OFFICIALS

*JUDGES AND DISTRICT JUSTICES

*PENNSYLVANIA NOTARIES PUBLIC

DOCUMENTS MUST BE SUBMITTED WITH ORIGINAL SIGNATURES.


NOTARY PUBLIC ERRORS & OMISSIONS INSURANCE

Errors and Omissions insurance provides protection in the event that you commit a negligent act or make an error or

omission while acting as a notary if the error or omission causes a loss to a customer.

Errors and Omissions insurance protects you up to the amount of the policy.

Your notary bond does not protect you; it protects your customers. When a bonding company pays for a loss on a notary

bond, it has the legal right to recover the loss from you.

Errors and Omissions insurance protects you and there is no reimbursement to the insurance company from you.

Simple oversights, such as a failure to affix your notary seal or to properly identify the customer could subject you to be

personally liable for losses.

Even if the claim isn’t valid, you could still face court costs and attorney’s fees for defending yourself. Without Errors and

Omissions insurance these losses would come out of your pocket.

Notary Bonds Protect the Public

Notary Errors and Omissions Insurance Protects You!

Notarial lawsuits are becoming more common every day and even the smallest mistake can be very costly. Your notary

bond protects the public but it doesn't protect you.

For example:

The attorney for the insured's employer, a bank, gave notice of a lawsuit in which the plaintiff's signature was allegedly

forged on a deed. The plaintiff sought cancellation of the deed. The insurer paid $25,000, the full limit of the policy.

Claimants loaned $15,000 to a married couple. The couple went through a divorce, and it was proven that the

acknowledged signature of the wife on a deed of trust was a forgery. The insurer paid a $9,900 settlement on this policy

and incurred attorney fees of $460.

A lawsuit was brought against a notary covered by a group policy issued to her employer, a title company. The plaintiffs

alleged that the notary negligently acknowledged forged signatures on an indemnity agreement. A claim of $15,000 was

paid.

Fortunately, They Had Notary Public Errors And Omissions Insurance.


Because Notary Public Errors and Omissions Insurance protected the notaries in these examples, their losses were covered

and the Surety Company was there to help pay for the damages and legal costs.

Can you afford a lawsuit because you made an innocent mistake and were an easy target for someone trying to recover

losses? Notary Public Errors and Omissions Insurance safeguards you against costly and time-consuming lawsuits. Even if

the suit is not valid, you could still be faced with a legal bill for defending yourself. If you aren't insured, you'll pay those

defense costs out of your own pocket, win or lose.

Features of Errors and Omissions Insurance:

No deductible

Coverage of defense costs, subject to policy provisions

Employers are covered under group policy at no additional charge

Additional notaries covered automatically under group policy during the annual policy period


PENNSYLVANIA ELECTRONIC NOTARIZATION PROGRAM

What is an Electronic Notary?

The Electronic Notarization Program permits qualified notaries to perform notarizations electronically as part of the

electronic documents that may be recorded electronically by participating Pennsylvania county recorder of deeds offices.

This program provides safeguards for consumers, recording offices and notaries alike.

A Pennsylvania Notary Public who has followed the necessary steps to become an “Electronic Notary” or “e-Notary”

has the authority to affix their computer generated seal to a document. The electronically notarized document can then

be electronically transferred directly to the intended recipient. The presence of the signer is still required, just as it would

be during a paper based notarization.

Use of Electronic Notarization Notification regarding use of electronic notarization (a) A notary public who wishes to perform notarial acts with respect to electronic records must hold a current and unrestricted commission. (b) A notary public who wishes to perform notarial acts with respect to electronic records shall be authorized by the Department to act as an “electronic notary” or “e-notary” prior to performing notarial acts with respect to electronic records. (c) To obtain authorization, a notary public shall submit the following information to the Department in a manner prescribed by the Department:

(1) Name of notary public (2) Commission number (3) Office address (4) Email address (5) Name of electronic notarization solution provider (6) Contact information for solution provider (7) Website for solution provider

Electronic notarization requirements

(a) A notary public performing notarial acts with respect to electronic records must use an electronic notarization solution approved by the Department. Before performing any electronic notarization, the notary shall take reasonable steps to ensure that the solution used is valid and has not expired, been revoked, or been terminated by the solution provider.

(b) All requirements of a notarial act performed with respect to a tangible record apply to an electronic record, including but not limited to, the personal appearance and identification of the individual appearing before the notary public, completion of a notarial certificate, use of an official stamp and recording of the notarial act in the notary journal.


Electronic Notarization vs. Remote Notarization

Electronic Notarization means that all of the signers and the notary public are physically present at

the same place at the time of signing as required by Pennsylvania law. Some states permit remote

notarization which means that the signers and notary can communicate by webcam to notarize

documents.

The Eight Steps to Becoming an Electronic Notary in Pennsylvania

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 Commissions, Elections and Legislation. The electronic notary application form

is available from BCEL upon request or on the Department’s website at http://www.dos.state.pa.us/notaries

(Link to Electronic Notarization).

Step 2: The Department of State processes the electronic notary application and either approves or rejects the

application in writing. If approved to act as an electronic notary, the applicant will be notified by mail with an

Electronic Notary Approval Letter from the Department of State, sent to the business office of record of the

notary public. The Department will also send an approval e-mail to the e-mail address provided by the approved

electronic notary on the electronic notary application. The approval letter will authorize the notary to participate

in the Department’s Electronic Notarization Program for not longer than the end of the notary’s current four-

year commission as a notary public or for a lesser period of time, depending on the electronic notarization

solution chosen by the notary. The notary has 45 days from the date of the Approval Letter to complete the

process for obtaining an electronic notary solution or the approval becomes null and void.

Step 3: The approved electronic notary appears in-person before a participating county Recorder of Deeds and presents

the Electronic Notary Approval Letter and satisfactory evidence of identity to the Recorder. Satisfactory evidence

of identity consists of a current state or federal government-issued photo identification document. The Recorder

of Deeds enters the identification information for the notary into the shared Electronic Notarization Program

database. The list of participating Recorders of Deeds may be found at http://www.dos.state.pa.us/notaries (Link

to Electronic Notarization).

Step 4: The approved electronic notary is notified via e-mail to log onto the Department of State’s website to select an

approved electronic notary solution provider. The approved electronic notary may select more than one

approved electronic notary solution provider at this time. To log onto the Department’s website, go to:


http://www.dos.state.pa.us/notaries (choose the link to Notary Searchable Database & eServices and then click

on “Search ENotaries” under “Services for ENotaries”). NOTE: You must have a valid PAPowerPort login account

to complete this step. If you do not have an account, you may register for one through the Notary Searchable

Database & eServices webpage.

Step 5: The Department of State provides information to the selected electronic notarization solution provider(s) that

the Pennsylvania notary is authorized to receive an electronic notary solution.

Step 6: The electronic notary and the selected electronic notary solution provider together directly to pay for and obtain

an electronic notary solution. Information for the approved electronic notary solution providers may

http://www.dos.state.pa.us/notaries (Link to Electronic Notarization).

Step 7: Once an electronic notary solution has been issued by the approved electronic notary solution provider to the

notary, notification will be made to the Department of State and the electronic notary’s record will be updated

showing that an electronic notary solution has been issued to that notary.

Step 8: The approved electronic notary may now use his/her electronic notary solution until the end of the notary’s

current four-year commission as a notary public or for a lesser period of time as necessitated by the particular

electronic notary solution, whichever is shorter.


List of Participating County Recorders of Deeds for Electronic Notarization

Allegheny County Department of Real Estate (Identity Verification Site) Valerie McDonald Roberts, Manager County Office Building 542 Forbes Avenue, Room 101 Pittsburgh, PA 15219 http://www.county.allegheny.pa.us/RE/ Telephone inquiries: 412.350.4226 Email inquiries: [email protected] Berks County Recorder of Deeds Frederick C. Sheeler, Recorder of Deeds Berks County Services Center 633 Court Street, 3rd Floor Reading, PA 19601 http://www.co.berks.pa.us/recorder/ Telephone inquiries: 610.478.3380 Email inquiries: [email protected] Blair County Recorder of Deeds Office (Identity Verification Site) Mary Ann Bennis, Recorder of Deeds Blair County Courthouse 423 Allegheny Street, Suite 145 Hollidaysburg, PA 16648 http://www.blaircountyrecorder.com Telephone inquiries: 814.693.3095 E-mail inquiries: [email protected] Bucks County Recorder of Deeds Office (Identity Verification Site) Recorder of Deeds Administration Building 55 East Court Street Doylestown, PA 18901 http://www.buckscounty.org/government/rowOfficers/RecorderofDeeds/index.aspx Telephone inquiries: 215.348.6209 Email inquiries: [email protected] Centre County Recorder of Deeds Office (Identity Verification Site) Joseph L. Davidson, Recorder of Deeds Willowbank County Office Building 414 Holmes Street Bellefonte, PA 16823-1488 http://www.co.centre.pa.us/133.asp Telephone inquiries: 814.355.6801 E-mail inquiries: [email protected] Chester County Recorder of Deeds Office Ryan A. Costello, Recorder of Deeds 121 North Walnut Street, Suite 100 West Chester, PA 19380-0991 http://www.chesco.org/recorder Telephone inquiries: 610.344.6331 Email inquiries: [email protected]

December 2005 Rev. July 2007; April 2009

July 2010; December 2010

http://www.county.allegheny.pa.us/RE/

mailto:[email protected]

http://www.co.berks.pa.us/recorder/


http://www.blaircountyrecorder.com/


http://www.buckscounty.org/government/rowOfficers/RecorderofDeeds/index.aspx


http://www.co.centre.pa.us/133.asp


http://www.chesco.org/recorder



Forest County Recorder of Deeds Office Dawn M. Millin 526 Elm Street, #2 Tionesta, PA 16353 http://www.co.forest.pa.us/recorder Telephone inquiries: 814-755-3526 E-mail inquiries: [email protected] Lackawanna County Recorder of Deeds Office (Identity Verification Site) Evie Rafalko-McNulty, Recorder of Deeds 507 Linden Street Suite 800 Scranton, PA 18503 http://www.lackawannacounty.org Telephone inquiries: 570.963.6775 Email inquiries: [email protected] Lancaster County Recorder of Deeds Office Bonnie L. Bowman, Recorder of Deeds Lancaster County Courthouse 50 North Duke Street, Second Floor Lancaster, PA 17602 http://www.lancasterdeeds.com Telephone inquiries: 717.299.8238 Email inquiries: [email protected] Lebanon County Recorder of Deeds Office (Identity Verification Site) Donna J. Lutz, Recorder of Deeds Municipal Building 400 South 8th Street, Room 107 Lebanon, PA 17042 http://dsf.pacounties.org/lebanon/cwp/view.asp?a=3&q=444286 Telephone inquiries: 717.274.2801 Email inquiries: [email protected] Lehigh County Recorder of Deeds Office (Identity Verification Site) Andrea E. Naugle, Recorder of Deeds 17 South 7th Street, Room 350 Allentown, PA 18101 http://www.lehighcounty.org (links to Elected Officials and to Recorder of Deeds) Telephone inquiries: 610.782.3162 or 610-782-3167 Email inquiries: [email protected] Luzerne County Recorder of Deeds Office (Identity Verification Site) James O’Brien, Recorder of Deeds Luzerne County Courthouse 200 North River Street Wilkes Barre, PA 18711 http://www.luzernecounty.org (links to Row Offices and to Recorder of Deeds) Telephone inquiries: 570.825.1641 Email inquiries: [email protected]



http://www.co.forest.pa.us/recorder


http://www.lackawannacounty.org/


http://www.lancasterdeeds.com/


http://dsf.pacounties.org/lebanon/cwp/view.asp?a=3&q=444286


http://www.lehighcounty.org/


http://www.luzernecounty.org/



Montgomery County Recorder of Deeds Office Nancy J. Becker, Recorder of Deeds One Montgomery Plaza Swede and Airy Streets, Suite 303 P.O. Box 311 Norristown, PA 19404 http://rod.montcopa.org/rod/ Telephone inquiries: 610.278.3289 Email inquiries: [email protected] Northampton County Recorder of Deeds Office (Identity Verification Site) Ann L. Achatz, Recorder of Deeds Northampton County Government Center 669 Washington Street Easton, PA 18042-7486 http://www.northamptoncounty.org Telephone inquiries: 610.559.3077 Email inquiries: [email protected] Philadelphia County Recorder of Deeds Office Joan T. Decker, Commissioner Department of Records City Hall, Room 156 Philadelphia, PA 19107 http://www.phila.gov/records/DocumentRecording/DocumentRecording.html Telephone inquiries: 215.686.2261 and 215.686.2262 Email inquiries: [email protected]



http://rod.montcopa.org/rod/


http://www.northamptoncounty.org/


http://www.phila.gov/records/DocumentRecording/DocumentRecording.html



Approved Electronic Notary Solution Vendors

The following is a complete listing of organizations approved by the Department to offer electronic notary solutions to Pennsylvania notaries public that obtained approval to notarize electronically. Vendors are listed in the order that their electronic notary solution programs were approved by the Department. DocVerify, Inc. Attn: Notary Services 17595 Harvard Ave., #C-545 Irvine, CA 92614 Email: [email protected] Web: www.docverify.com For support related issues please contact [email protected] Electronic Document Logistics, Inc. Attn: Timothy Davis, CTO P.O. Box 58309 Raleigh, NC 27658-8309 (919) 341-4101 [email protected] www.edldocs.com Safedocs Inc Attn: Terry Van Bibber 2537 Rolling Hills Alamo, CA 94507 (760) 861-0938 [email protected] www.safedocsus.com Simplifile Attn: John Riddell 4844 North 300 West, Suite 202 Provo, UT 84604 (801) 373-0151 Ext. 1131 [email protected] www.simplifile.com WWNotary, L.L.C. dba World Wide Notary Attn: Jason Streit, President/CTO 3301 Wilbarger Street Vernon, TX 76384 (940) 553-4585 press 1 #101 [email protected] www.wwnotary.com

June 2010 Rev. December 2010, February 2011, August 2011


http://www.docverify.com/



http://www.edldocs.com/


http://www.safedocsus.com/


http://www.simplifile.com/


http://www.wwnotary.com/


Ingeo Systems, Inc. Attn: Jana Miyasaki 1300 North 200 East Suite 118 Logan, UT 84341 (435) 755-9837 x145 [email protected] www.ingeo.com

June 2010

Rev. December 2010, February 2011, August 2011


http://www.ingeo.com/


CARD AGENT 67 Pa. Code 43.2 CARD AGENT DEFINITION –

A card agent is a notary public, commissioned by the Department of State, Bureau of Commissions, Elections and Legislation, who is approved by the

Pennsylvania Department of Transportation to issue temporary registration cards in conjunction with applications for the transfer of registration

plates.

A notary public from another state may also serve as a card agent and may issue a temporary registration card to a Commonwealth registrant who

has purchased a vehicle in the state and who wishes to apply for transfer of a Commonwealth registration plate. The notary shall be commissioned

or licensed as a notary by a government agency of the state.

CARD AGENT AUTHORITY-

A card agent may issue a temporary registration card to:

1. Someone who is trading in and acquiring another vehicle and transferring the plates to the acquired vehicle. 2. Someone transferring the plates to a spouse or between parent(s) including step-parent(s) or parent(s) in law and their child(ren) including

step-child(ren) or child(ren) in law. 3. A plate may also be transferred: (1) to or from a vehicle leased by an individual, and (2) to or from a sole proprietorship by the sole owner

of such business.

PROCEDURE TO BECOME A CARD AGENT

1. Must be a notary public. 2. Submit two packets of the following, (the original and a duplicate set of everything):

Name, address, phone, FAX and e-mail address of applicant

Agent Number (if current card agent)

Federal ID# or Social Security Number.

List experience. Provide as much information as possible regarding your ability to meet or exceed the requirements for card agent service.

State that the card agent is not under sanction or has ever been sanctioned by PennDot for violations under 75 PA C.S. or Departmental regulations.

Place notary stamp or seal on a piece of paper, sign and date it. Attach a notarized statement that no monies are due and owing to the Commonwealth by the applicant business.

Attach a Criminal background check obtained from Pennsylvania State Police. If a conviction exists, the applicant must furnish facts of offense.

Attach card agent service’s proposal for the method of security, which it intends to use to safeguard all supplies, products and applications; and a

photograph of this locked cabinet, drawer, etc.

Attach the $3,000.00 bond* naming the Commonwealth of Pennsylvania as the obligee and a $60.00 check payable to the Motor Vehicle Recovery

Fund.

Send to:

Bureau of Motor Vehicles

Regulated Client Services Section

1101 South Front Street

Harrisburg, PA 17104

(717) 787-4291

If approved, the Department sends applicant contract for signature.

If not, the Department will send application back with request for additional information or clarification.

Once the state is satisfied the applicant will receive a contract to sign and return, and upon acceptance they will be issued a card agent license.

The contract is for three years.

Once appointed, temporary registration cards can be obtained from the Bureau.

* M. BURR KEIM AGENCY can furnish the three year bond. The premium is $250.00.


TERMS AND DEFINITIONS:

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

(1) the individual has signed a record for the purpose stated in the record; and (2) if the record is signed in a representative capacity, the individual signed the record with proper

authority and signed it as the act of the individual or entity identified in the record. Bureau – The Bureau of Commissions, Elections, and Legislation. Conviction – Whether or not judgment of sentence has been imposed, any of the following:

(1) An entry of a plea of guilty or nolo contendere. (2) A guilty verdict, whether after trial by judge or by jury. (3) A finding of not guilty due to insanity or of guilty but mentally ill.

Department – The Department of State of the Commonwealth. Electronic – Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. Electronic signature – An electronic symbol, sound, or process attached to or logically associated with a record and executed or adopted by an individual with the intent to sign the record. In a representative capacity – Acting as:

(1) an authorized officer, agent, partner, trustee, or other representative for a person other than an individual;

(2) a public officer, personal representative, guardian or other representative, in the capacity stated in a record;

(3) an agent or attorney-in-fact for a principal; or (4) an authorized representative of another in any other capacity.

Notarial act – An act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the laws of this Commonwealth. The term includes:

(1) taking an acknowledgment; (2) administering an oath of affirmation; (3) witnessing or attesting a signature; (4) certifying or attesting a copy or deposition; and (5) noting a protest of a negotiable instrument.

Notarial officer – A notary public or other individual authorized to perform a notarial act. Notary public – An individual commissioned to perform a notarial act by the department. Official stamp – A physical image affixed to or embossed on a tangible record or an electronic image attached to or logically associated with an electronic record. The term includes a notary seal.


Person – Any of the following:

(1) Any individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, or public corporation.

(2) A government or governmental subdivision, agency or instrumentality. (3) Any other legal or commercial entity.

Record – Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. Recorder of deeds – A county recorder of deeds or an official with similar duties and responsibilities. The term includes the commissioner of records of a county of the first class and the manager of the department of real estate of a county of the second class. Secretary – The secretary of the Commonwealth. Sign – With present intent to authenticate or adopt a record:

(1) to execute or adopt a tangible symbol; or (2) to attach to or logically associate with the record an electronic symbol, sound, or process.

Signature – A tangible symbol or an electronic signature with evidences the signing of a record. Stamping device – Any of the following:

(1) A physical device capable of affixing to or embossing on a tangible record an official stamp. (2) An electronic device or process capable of attaching to or logically associating with an electronic

record an official stamp. State – A state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. Verification on oath or affirmation – A declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true. The term includes an affidavit.


Notary Public

Notary Public

Sample Forms

(1) For acknowledgment in an individual capacity


County of ____________

This record was acknowledged before me on this ______ day of

______________, 20__ by ____________________________

_______________________________

(2) For an acknowledgment in a representative capacity:


County of ___________

This record was acknowledged before me on this ______day of___________, 20_____

by________________________________________________________________

as (type of authority, such as officer or trustee)

who represent that (he, she or they) are authorized to act on behalf of (name of party

on behalf of whom record was executed)

_______________________________


Notary Public

(2.1) For an acknowledgment by an attorney at law pursuant to 42 Pa.C.S. § 327 (relating to oaths and

acknowledgments):


County of ________________

This record was acknowledged before me on ________,______________, 20_____

by ______________________________________________(name of attorney)

Supreme Court identification number

as a member of the bar of the Pennsylvania Supreme Court certified that he/she was personally present when

(name(s) of individual(s)) executed the record and that (name(s) of individual(s)) executed the record for the

purposes contained therein.

_______________________________

The acknowledgment of the testator and the affidavit of a witness may be made before a member of the bar of

the Supreme Court of Pennsylvania or of the highest court of the state in which execution of the will occurs who

certifies to an officer authorized to administer oaths that the acknowledgment and affidavit was made before him.

In such case, in addition to the acknowledgment and affidavit, the attorney’s certification shall be evidenced

by the officer before whom it was made substantially as above.


Notary Public

Notary Public

(3) For a verification on oath or affirmation:


County of ____________

Signed and sworn to (or affirmed) before me

On this _____day of _______________, 20_____

by __________________________________

Names of individuals making the following statement

____________________________________

_______________________________

(4) For witnessing or attesting a signature:


County of ___________________

Signed (or attested) before me on this ______day of __________, 20_____

by __________________________________________________________

_______________________________


Notary Public

Notary Public

(5) For certifying a copy of a record:


County of ___________________

I certify that this is a true and correct copy of a ___________________

in the possession of __________________________________________

Dated this _______day of ___________, 20____

_______________________________

(6) For certifying the transcript of a deposition:


County of _____________________

I certify that this is a true and correct copy of the transcript of

the deposition of________________________________, Dated

this ____ day of__________, 20____

_______________________________

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