PA Notary e-Notarization & RON 2 — Questions and Answers
Question 1: A Pennsylvania-commissioned notary is physically located in Pittsburgh and is asked to perform a RON for a U.S. citizen who is temporarily in France. The document being notarized is a deed for property located in Ohio. Which of the following is the most significant factor for the PA notary to consider before proceeding?
- Whether Ohio recording offices will accept a Pennsylvania RON.
- The time zone difference between Pittsburgh and France.
- Whether the act of signing the record is prohibited by French law. (Correct answer)
- The cost of the specific RON technology platform for international sessions.
Correct answer: Whether the act of signing the record is prohibited by French law.
According to Pennsylvania law (57 Pa. C.S. § 306.1(b)(4)), when a remotely located individual is outside the United States, the notary must ensure the act of making the statement or signing the record is not prohibited by the foreign state where the individual is located. While other factors are practical considerations, this is a specific legal requirement for the validity of the notarization itself.
Question 2: During a RON session, the audio-visual connection fails immediately after the signer has presented their ID and answered the identity-proofing questions, but before they have signed the document. What is the correct procedure for the Pennsylvania notary to follow?
- Complete the notarization based on the successful ID verification and note the failure in the journal.
- Terminate the session and instruct the signer to begin a completely new session, including re-verification of identity. (Correct answer)
- Ask the signer to sign the document offline and mail it for the notary to affix their electronic seal.
- Resume the session using only audio if video cannot be re-established.
Correct answer: Terminate the session and instruct the signer to begin a completely new session, including re-verification of identity.
The entire notarial act, including the signing of the document by the principal, must occur under simultaneous audio-visual observation. If the connection fails before the act is complete, the session must be terminated. A new session must be initiated, which includes repeating all required steps, such as identity verification and recording, to ensure the integrity and compliance of the entire notarial act.
Question 3: A Pennsylvania e-notary is authorized to certify that a tangible copy of an electronic record is a true and correct copy. Which of the following is a critical requirement for this specific notarial act?
- The notary must have been the one who originally performed the e-notarization on the electronic record.
- The notary must print the electronic record and affix an inked stamp and signature to the paper copy.
- The certification must be requested by the original signer of the electronic document.
- The notary must confirm the integrity of the electronic record and its notarization before making the certification. (Correct answer)
Correct answer: The notary must confirm the integrity of the electronic record and its notarization before making the certification.
Act 97 of 2020 authorizes notaries to certify that a tangible copy of an electronic record is a true and correct copy. Before doing so, the notary has a duty to ensure the electronic record is intact and the original electronic notarization is valid and has not been tampered with. This involves verifying the tamper-evident technology of the original electronic document.
Question 4: A Pennsylvania notary maintains two journals: a bound paper journal for tangible notarizations and a separate, tamper-evident electronic journal for e-notarizations and RONs. A law enforcement officer presents a subpoena for a specific entry in the notary's paper journal. In this scenario, the notary must:
- Provide the officer with the original bound paper journal.
- Refuse the request as notarial journals are confidential.
- Provide a certified copy of the specific journal entry requested. (Correct answer)
- Provide certified copies of both the paper and electronic journals for the date in question.
Correct answer: Provide a certified copy of the specific journal entry requested.
Under Pennsylvania law, a notary public must provide a certified copy of a journal entry to a person who applies for it, which includes legal requests like subpoenas. The notary should not surrender their original journal, as it is their exclusive property and contains other private information. The correct procedure is to reproduce the specific page and attach a certificate stating it is a true and correct copy.
Question 5: Which of the following is a key difference between an 'e-notarization' and a 'Remote Online Notarization (RON)' as defined by Pennsylvania law?
- Only RON requires the use of a tamper-evident electronic journal.
- e-notarization requires the signer to be physically present before the notary, while RON does not. (Correct answer)
- Only RON documents can be recorded in county land records.
- e-notarization can be performed for any type of document, while RON is limited to real estate transactions.
Correct answer: e-notarization requires the signer to be physically present before the notary, while RON does not.
The fundamental distinction is the requirement of personal appearance. For an e-notarization, the documents and signatures are electronic, but the signer must still physically appear before the notary. For a RON, the personal appearance requirement is met through the use of audio-visual communication technology, allowing the signer and notary to be in different physical locations.
Question 6: A Pennsylvania notary is performing a RON. The notary must retain the audio-visual recording of the notarial act for a minimum of:
- 5 years.
- 7 years.
- The duration of the notary's commission.
- 10 years. (Correct answer)
Correct answer: 10 years.
Pennsylvania's law governing Remote Online Notarization explicitly requires that the notary public, or a person acting on their behalf, create and retain an audio-visual recording of the performance of the notarial act for at least ten years after the recording is made.
PA Notary e-Notarization & RON 2
A Pennsylvania-commissioned notary is physically located in Pittsburgh and is asked to perform a RON for a U.S. citizen who is temporarily in France.
The document being notarized is a deed for property located in Ohio.
Which of the following is the most significant factor for the PA notary to consider before proceeding?