PA Notary cheat sheet

RULONA is the Revised Uniform Law on Notarial Acts, enacted in Pennsylvania as Act 73 of 2013 and effective in 2014; it replaced the prior Notary Public Law.

A Pennsylvania notary public is commissioned by the Secretary of State (Department of State) and serves a four-year term unless suspended, revoked, or not renewed.

An applicant must be at least 18 years old, be a Pennsylvania resident or a Pennsylvania-licensed attorney, and complete a three-hour approved notary course and examination.

Notarial authority is statewide: a commissioned notary may perform notarial acts anywhere in Pennsylvania.

A notary must notify the Department of State within 30 days after a change of name or address.

The Department may deny, suspend, revoke, or refuse to renew a commission for misconduct, failure to meet qualifications, or violations of RULONA.

A notary commission is personal and cannot be transferred or assigned to another person.

A notary must comply with RULONA and Department regulations; lack of knowledge of the law is not a defense to a violation.

Notarial acts under RULONA include acknowledgments, jurats (verification on oath or affirmation), oaths and affirmations, copy certification, protests, and witnessing or attesting signatures where authorized.

A notary may administer oaths and affirmations and may take affidavits and depositions.

A notary may certify a copy of a tangible record only if the record is not a public record and is not required by law to be recorded.

A notary may protest a negotiable instrument for dishonor and must record the protest.

A notary may not perform a notarial act in which the notary is a party or has a direct beneficial interest.

A notary may not notarize the notary's own signature.

A notary has no authority to give legal advice, draft legal documents, or explain the legal effect of a document.

A notary may not perform a notarial act unless the individual appears personally before the notary.

Personal appearance means the individual is physically before the notary at the time of the notarial act, and the notary can see and interact with the individual.

Satisfactory evidence of identity includes personal knowledge of the individual by the notary.

Satisfactory evidence includes a current government-issued photo identification containing the individual's signature and an identifying number.

A credible witness may provide identification if the witness personally knows the individual and is personally known to the notary.

The notary must record the type of identification and any identifying number in the journal.

An expired identification document is generally not satisfactory evidence unless the notary has personal knowledge of the individual.

The notary must compare the photo, physical appearance, name, and signature on the identification with the individual before the act.

A notary may not rely solely on a photocopy or electronic image of an identification document without personal appearance.

An acknowledgment is a notarial act in which the individual declares to the notary that he or she signed the record voluntarily for its stated purpose.

For an acknowledgment, the notary must positively identify the individual and either witness the signature or take the individual's acknowledgment of the signature.

A jurat is a notarial act in which the individual swears or affirms the truth of the statements in the record.

For a jurat, the notary must administer an oath or affirmation and witness the signature.

An acknowledgment certificate must state the venue, date, name of the individual, and include the notary's signature and seal.

A jurat certificate must state that the record was signed and sworn or affirmed before the notary on a specified date.

The notary must use an acknowledgment certificate for an acknowledgment and a jurat certificate for a jurat; the certificate must match the act performed.

The notary must complete the certificate at or before the time of the notarial act and must not leave blanks for later completion.

Verification on oath or affirmation is a notarial act in which the notary certifies that a person made a statement under oath or affirmation.

Certification of a copy is limited to tangible records that are not public records and are not required by law to be recorded.

A notary may certify that a copy is a true and correct copy of the original tangible record.

A protest is a formal declaration by a notary that a negotiable instrument has been dishonored.

A notary may witness or attest a signature as a notarial act when authorized by law.

A notary may administer an oath or affirmation for an affidavit or deposition.

A notary may not certify a copy of a birth certificate, death certificate, marriage certificate, or other public record.

A notary may not perform a verification or other notarial act if the notary has a conflict of interest.

The official seal must include the notary's name as commissioned, the words "Notary Public," "Commonwealth of Pennsylvania," and the commission expiration date.

The seal may be an ink stamp or embosser and must be legible and reproducible.

The notary must sign each notarial certificate with the notary's official signature.

The notary must affix the official seal on the certificate near the signature.

The notary must keep a journal of notarial acts recording the date, time, type of act, name and address of the individual, identification method, and fee charged.

The journal must be retained for 10 years after the last notarial act recorded in it.

The journal is the property of the notary, but the Department of State may inspect it.

A notary must not use the official seal after the commission expires, is suspended, or is revoked.

The maximum fee for a notarial act in Pennsylvania is $5 per act.

A notary may not charge more than the statutory maximum; charging an excess fee is misconduct.

Prohibited acts include notarizing one's own signature, notarizing as a party to the document, performing an act without personal appearance, and using false identification.

A non-attorney notary may not use the title "notario público" or advertise notarial services in a foreign language in a misleading manner.

A notary may not notarize a document with a blank certificate or sign a blank certificate for later completion.

Misconduct may result in suspension, revocation, refusal to renew the commission, or civil penalties.

Criminal penalties may apply for false certificates, unauthorized acts, or other violations of notary law.

A notary must not perform a notarial act if the notary has a conflict of interest or a direct beneficial interest in the transaction.

A notary must act impartially and avoid conflicts of interest.

A notary should avoid notarizing for a spouse, child, parent, or other close family member when the notary has a beneficial interest; impartiality is required.

A notary must not explain the legal effect of a document or advise a person which document to use.

A notary must complete the notarial certificate accurately and must not pre-sign or pre-seal a certificate.

A notary should keep the journal secure and protect the confidentiality of personal information recorded in it.

A notary must refer legal questions to an attorney.

A notary should verify the identity of every signer and record the identification method in the journal.

A notary should refuse to perform a notarial act if uncertain about the signer's identity, voluntariness, or the completeness of the certificate.