PA Notary Bond & Oath 2 — Questions and Answers
Question 1: A surety company intends to cancel a Pennsylvania notary's $10,000 bond due to non-payment of premium. What is the minimum notice period the surety must provide to the Department of State before the cancellation becomes effective?
- 10 days
- 30 days (Correct answer)
- 45 days
- 60 days
Correct answer: 30 days
According to Pennsylvania's notary public law (Title 57, Section 321), a surety or issuing entity must give 30 days' notice to the Department of State before canceling a notary's bond. This allows time for the notary to obtain a new bond or for the Department to take appropriate action.
Question 2: A notary public in Pennsylvania resigns from their commission halfway through their 4-year term. What specific obligation does the notary's bond cover regarding their official records after resignation?
- The bond ensures the notary's journal is shredded to protect client privacy.
- The bond guarantees the return of the notary's seal to the Department of State.
- The bond is conditioned for the delivery of the notary's register to the recorder of deeds office within 30 days. (Correct answer)
- The bond automatically terminates and has no further obligations upon the notary's resignation.
Correct answer: The bond is conditioned for the delivery of the notary's register to the recorder of deeds office within 30 days.
The notary bond is conditioned for the faithful performance of duties, which includes the proper disposition of the notary's journal (register). In the case of resignation, death, or disqualification, the bond ensures the register is delivered to the office of the recorder of deeds of the proper county within 30 days.
Question 3: A newly appointed notary is sworn in on day 10 after their appointment date. They successfully record their bond, oath, and commission with the Recorder of Deeds on day 40. However, they neglect to file a copy of the bond and oath with the Department of State until day 100. What is the status of their commission?
- The commission is valid because the critical 45-day recording deadline was met.
- The commission is suspended until the documents are filed with the Department of State.
- The commission is null and void due to missing the 90-day filing deadline with the Department of State. (Correct answer)
- The commission is valid, but the notary faces a fine for the late filing.
Correct answer: The commission is null and void due to missing the 90-day filing deadline with the Department of State.
Pennsylvania law has a two-part deadline. While the bond, oath, and commission must be recorded with the county Recorder of Deeds within 45 days, a copy of the bond and oath must also be filed with the Department of State within 90 days of that recording. Failure to meet this second deadline renders the commission null and void.
Question 4: A claimant is awarded a $12,000 judgment against a Pennsylvania notary for misconduct. The notary has a standard $10,000 surety bond. Which of the following statements is most accurate regarding the surety company's and notary's liability?
- The surety company is liable for the full $12,000 judgment.
- The surety company pays $10,000, and the notary is personally liable for the remaining $2,000. (Correct answer)
- The notary must repay the surety company the $10,000, but is not liable for the additional $2,000.
- The surety company is not liable because the claim exceeds the bond amount.
Correct answer: The surety company pays $10,000, and the notary is personally liable for the remaining $2,000.
A notary bond protects the public up to the bond's face value, which is $10,000. The surety company will pay a valid claim up to this limit. The notary is then obligated to repay the surety company for any amount paid out. Furthermore, the notary remains personally liable for any judgment amount exceeding the bond coverage.
Question 5: A notary's employer paid for their commission and bond. The notary leaves that job to work for a new company. Which of the following is true regarding the notary's bond?
- The notary must obtain a new bond paid for by the new employer.
- The bond is cancelled by the former employer upon the notary's departure.
- The bond remains valid and in the notary's name, regardless of their employment status. (Correct answer)
- The notary must reimburse the original employer for the cost of the bond.
Correct answer: The bond remains valid and in the notary's name, regardless of their employment status.
A notary's bond is tied to their individual commission, not their employer. Even if an employer pays for it, the bond belongs to the notary for the duration of their commission term and cannot be cancelled by the employer upon termination of employment.
Question 6: Due to a widespread public emergency, the Recorder of Deeds office in a notary's county is closed for three weeks, preventing the notary from recording their bond and oath within the 45-day deadline. What is the consequence for the notary's commission?
- The commission is automatically null and void and the notary must reapply.
- The notary must travel to an adjacent county to record the documents.
- The deadline is extended by law to the next business day the office reopens. (Correct answer)
- The notary must petition the Department of State for a special extension.
Correct answer: The deadline is extended by law to the next business day the office reopens.
If a government office, like the Recorder of Deeds, is closed due to an official order, any legal deadlines falling within that closure period are extended by operation of law to the next business day that the office is open to the public.
PA Notary Bond & Oath 2
A surety company intends to cancel a Pennsylvania notary's $10,000 bond due to non-payment of premium.
What is the minimum notice period the surety must provide to the Department of State before the cancellation becomes effective?