PA Notary flashcards
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- RULONA
- The Revised Uniform Law on Notarial Acts, enacted in Pennsylvania as Act 73 of 2013 and effective in 2014, governing notarial acts.
- Notary commission term
- A Pennsylvania notary public is commissioned by the Secretary of State for a term of four years, unless suspended or revoked earlier.
- Notary course requirement
- An applicant for a Pennsylvania notary commission must complete a three-hour approved notary course and pass an examination before appointment.
- Change of address notice
- A Pennsylvania notary must notify the Department of State within 30 days after changing his or her name or business address.
- Notarial act: acknowledgment
- A notarial act where the signer declares to the notary that the signature on the record was voluntarily made for the stated purpose.
- Notarial act: jurat
- A notarial act where the signer swears or affirms the truth of the record's statements, and the notary witnesses the signature and administers the oath.
- Copy certification limits
- A Pennsylvania notary may certify a copy of a tangible record only if it is not a public record and not required by law to be recorded.
- Protest of instrument
- A notarial act in which the notary formally declares that a negotiable instrument has been dishonored, often for use in legal proceedings.
- Personal appearance requirement
- The signer must be physically present before the notary at the time of the notarial act, and the notary must be able to see and interact with the signer.
- Satisfactory evidence of identity
- Identification based on personal knowledge, a government-issued photo ID with signature, or a credible witness who personally knows the signer and notary.
- Credible witness identification
- A witness who personally knows the signer and is personally known to the notary may verify the signer's identity for a notarial act.
- Expired ID
- An expired identification document is generally not satisfactory evidence unless the notary has personal knowledge of the signer's identity.
- Acknowledgment certificate contents
- The certificate states the venue, date, name of the signer, and includes the notary's signature and official seal.
- Jurat certificate wording
- The certificate states that the record was signed and sworn or affirmed before the notary on a specified date by the signer.
- Matching certificate to act
- The notary must use an acknowledgment certificate for an acknowledgment and a jurat certificate for a jurat; the certificate must match the act.
- No blank certificates
- A notary must not sign or seal a notarial certificate that is incomplete or blank, and must not leave blanks for later completion.
- Verification on oath
- A notarial act in which the notary certifies that a person made a statement under oath or affirmation, similar to a jurat.
- Certified copy
- A copy of a tangible record that the notary certifies as true and correct, limited to records that are not public records.
- Prohibited copy certifications
- A Pennsylvania notary may not certify copies of birth certificates, death certificates, marriage certificates, public records, or records required by law to be recorded.
- Deposition oath
- A notary may administer an oath or affirmation to a deponent in a deposition, a notarial act authorized under Pennsylvania law.
- Official seal contents
- The seal must show the notary's commissioned name, "Notary Public," "Commonwealth of Pennsylvania," and the commission expiration date.
- Journal retention period
- A Pennsylvania notary must retain the notarial journal for ten years after the last notarial act recorded in it.
- Journal entry contents
- Each entry should record the date, time, type of act, signer's name and address, identification method, and fee charged.
- Seal after expiration
- A notary must not use the official seal after the commission expires, is suspended, or is revoked by the Department of State.
- Maximum notary fee
- Pennsylvania law allows a notary to charge no more than five dollars for each notarial act performed.
- Notario prohibitions
- A non-attorney notary may not use the title "notario público" or advertise notarial services in a foreign language in Pennsylvania.
- Self-notarization prohibition
- A notary may not notarize his or her own signature or perform a notarial act in which the notary is a party.
- Penalties for misconduct
- Notary misconduct may lead to suspension, revocation, refusal to renew the commission, civil penalties, and criminal prosecution for false certificates.
- Impartiality duty
- A notary must act impartially, avoid conflicts of interest, and not perform a notarial act if the notary has a direct beneficial interest.
- Legal advice prohibition
- A notary may not give legal advice, explain the legal effect of a document, or advise a person which document to use.
- Family notarization caution
- A notary should avoid notarizing for a spouse, child, or parent when the notary has a beneficial interest; impartiality is required.
- Refuse uncertain act
- A notary should refuse to perform a notarial act if unsure about the signer's identity, voluntariness, or the completeness of the certificate.