PA Notary key terms

A person commissioned by the Commonwealth of Pennsylvania to perform notarial acts for the public. A notary acts as an impartial official witness and must follow the state's notary law when doing so.

The Revised Uniform Law on Notarial Acts, the model law Pennsylvania adopted to set statewide rules for who may perform notarial acts, how those acts are performed, and how notaries are commissioned and disciplined.

The official grant of authority from the Department of State that lets a person act as a notary public. In Pennsylvania a commission lasts four years unless it is surrendered, revoked, or suspended.

The Pennsylvania agency, headed by the Secretary of the Commonwealth, that receives notary applications, issues and renews commissions, keeps notary records, and investigates complaints and imposes discipline.

A surety bond Pennsylvania requires applicants to file with the Department of State before being commissioned. It protects the public against losses caused by a notary's official misconduct, up to the bond amount.

The sworn promise a newly commissioned notary must take and file before performing notarial acts, pledging to support the Constitution and to faithfully perform the duties of the office.

An official act a notary is authorized by law to perform, such as taking an acknowledgment, administering an oath or affirmation, witnessing a signature, certifying a copy, or protesting a negotiable instrument.

A notary public or any other official, such as a judge or certain court officers, who is authorized by Pennsylvania law to perform a particular notarial act.

The scope of a Pennsylvania notary's authority, which extends to notarial acts performed anywhere in the Commonwealth, not just in the county where the notary lives or keeps an office.

A notary's right, and sometimes duty, to decline a requested notarial act when identity, willingness, competence, or lawfulness cannot be established, or when the notary has a disqualifying interest.

The requirement that the signer be physically in the notary's presence so the notary can see, hear, and question the person. Remote notarization substitutes approved communication technology for physical presence.

The identification standard a notary must meet, shown by a current government-issued photo ID, a credible witness who personally knows the signer, or other verification permitted by Pennsylvania law.

A person who takes an oath, is personally known to the notary, and personally knows the signer, and who has no interest in the transaction. The witness's oath can supply identification for a signer without ID.

Electronic devices and processes, such as audio-video conferencing, that let a notary and a signer who are not in the same place see and hear each other during a remotely performed notarial act.

A signer who is not in the notary's physical presence and who appears instead through approved communication technology, which Pennsylvania allows only when the notary follows its remote notarization rules.

A notarial act in which the signer declares to the notary, in person, that the record was signed voluntarily for the stated purpose and, if signing for an organization, that the signer had authority.

A notarial certificate proving that the signer personally appeared before the notary, was placed under oath or affirmation, and signed the record in the notary's presence.

Signing on behalf of another person or an entity, such as a corporation or trust. The notary's certificate should show that the signer acknowledged signing in that capacity and claimed authority to do so.

A notarial act in which a person swears to or affirms the truth of statements in a record, with the notary administering the oath and completing a certificate describing what was done.

A solemn spoken pledge to tell the truth, or to faithfully perform a duty, made before a notary or other officer, often with reference to a deity.

A solemn pledge of truthfulness or commitment made without religious reference, legally equivalent to an oath, for people who object to swearing.

A notarial act in which the notary watches a person sign a record and certifies that the signature was made in the notary's presence, without administering an oath.

A notarial act in which the notary certifies that a copy is a true, complete, and unaltered reproduction of an original document. Some records must instead be certified by their official custodian.

A formal notarial certificate stating that a negotiable instrument, such as a check or draft, was presented for payment or acceptance and was dishonored, typically used to preserve the holder's legal rights.

A certificate from the Secretary of the Commonwealth confirming a notary's signature and authority so a document will be accepted in another state or country; an apostille is the form used for foreign countries.

The written, dated, and signed portion of a document in which the notary states what was done, where, when, and before whom, and identifies the notary's commission.

The stamp or embosser a notary applies to a notarial certificate. Pennsylvania requires it to show the notary's name and official title plus the identifying information the statute specifies.

The handwritten or approved electronic signature a notary uses that matches the name on the commission; it must be personally applied and never delegated to another person.

A chronological record a notary keeps of each notarial act, including the date, the parties, the type of act, how identity was verified, and the document involved.

The legal duty to keep the notary journal and related records for the period Pennsylvania requires after the last entry, and to protect them from loss or unauthorized access.

The state and county where the notarial act was performed, which appears at the top of the notarial certificate and shows the notary's authority applied in that place.

The charges a notary may make for notarial acts. Pennsylvania law caps these amounts, and a notary may not demand or accept more than the allowed fee for an act.

Notarizing a record in which the notary is a party or has a direct beneficial interest, or notarizing the notary's own signature, both of which Pennsylvania law forbids.

Wrongful conduct by a notary in office, such as fraud, dishonesty, negligence, overcharging, or failing to keep required records, that can lead to discipline by the Department of State.

Actions the Department of State may take against a notary, including denial, suspension, or revocation of the commission, a reprimand, or a civil penalty, after notice and an opportunity to be heard.

Giving legal advice or drafting legal documents for others without a law license. A notary may explain notarial acts but must not advise on the legal effect of a document.

The ethical duty to avoid favoring any party and to perform notarial acts for anyone who qualifies, without regard to personal ties, gifts, or business relationships.

Any relationship or financial stake that could bias a notary, such as notarizing for an employer, a family member, or a party to a transaction in which the notary benefits.