PA Notary Law & Regulations 2 — Questions and Answers
Question 1: A Pennsylvania notary is asked to certify a copy of a Power of Attorney document. The notary makes a photocopy of the original document presented by the signer. Which of the following is the correct next step for the notary to take?
- The notary is prohibited from certifying copies of Powers of Attorney.
- The notary must have the principal signer of the Power of Attorney present to acknowledge the copy.
- The notary can proceed to attach a notarial certificate stating that it is a true and correct copy of the original. (Correct answer)
- The notary must first verify the authenticity of the original Power of Attorney with the drafting attorney.
Correct answer: The notary can proceed to attach a notarial certificate stating that it is a true and correct copy of the original.
Under the new regulations implementing the Revised Uniform Law on Notarial Acts (RULONA) in Pennsylvania, notaries are specifically authorized to issue certified copies of Powers of Attorney. The process involves the notary ensuring the copy is a complete and accurate reproduction of the original document and then completing the appropriate notarial certificate for a certified copy.
Question 2: A signer appears before a Pennsylvania notary with a document written entirely in Italian. The notary does not speak or read Italian, but the signer seems to understand the document and has valid, unexpired identification. What must the notary do to legally perform the notarization?
- Refuse the notarization as they cannot understand the document's content.
- Require the signer to provide a complete, certified English translation.
- Proceed with the notarization, as the notary's role is to verify the signer's identity and signature, not the document's content. (Correct answer)
- Insist that an independent, professional interpreter be present to translate the notarial ceremony.
Correct answer: Proceed with the notarization, as the notary's role is to verify the signer's identity and signature, not the document's content.
Pennsylvania law does not require a notary to understand the language of the document being notarized. The notary's primary duties are to properly identify the signer, ensure they are signing willingly, and complete the notarial certificate. The certificate itself must be in English. The notary can proceed as long as they can communicate directly with the signer to perform the key elements of the notarial act, such as identifying them and confirming their intent.
Question 3: A Pennsylvania notary discovers their official stamping device has been misplaced and is unavailable. According to the law, what is the specific timeframe within which the notary must report this to the Department of State?
- Immediately, but no later than 24 hours.
- Within 3 business days of the discovery.
- Within 30 days of the discovery.
- Within 15 days of discovering the loss. (Correct answer)
Correct answer: Within 15 days of discovering the loss.
Pennsylvania notary law requires a notary public to promptly report the loss or theft of their stamping device (or journal) to the Department of State. The report must be made within fifteen (15) days of the discovery of the loss or theft. The term 'loss' includes devices that are misplaced, destroyed, or otherwise made unavailable.
Question 4: A person who was convicted of a felony five and a half years ago applies for a notary commission in Pennsylvania. Which statement accurately describes their eligibility?
- The applicant is permanently barred from becoming a notary public due to the felony conviction.
- The applicant is automatically presumed ineligible for appointment, but may rebut this by showing clear evidence of rehabilitation. (Correct answer)
- The applicant is automatically eligible because the conviction was more than five years ago.
- The applicant must wait a full seven years from the conviction date before applying.
Correct answer: The applicant is automatically presumed ineligible for appointment, but may rebut this by showing clear evidence of rehabilitation.
Under the Revised Uniform Law on Notarial Acts (RULONA), the previous statutory five-year bar was removed. However, any applicant with a felony conviction or a misdemeanor involving fraud, dishonesty, or deceit within the five years preceding the application is presumed ineligible. For convictions older than five years, the Department of State may still consider the conviction and related facts to determine if the applicant possesses the necessary honesty, integrity, competence, and reliability. The presumption of ineligibility may be rebutted in extraordinary circumstances with clear evidence of rehabilitation.
Question 5: A signer requires a notarization but their Pennsylvania driver's license expired two months ago. They have no other form of unexpired government-issued ID. Which of the following is a permissible method for the notary to identify this individual?
- Accept the expired license as long as it looks authentic and the picture matches.
- Use a verification on oath or affirmation of a credible witness who is personally known to the notary. (Correct answer)
- Accept two utility bills from the last 60 days in the signer's name.
- Refuse the notarization, as no other identification method is allowed.
Correct answer: Use a verification on oath or affirmation of a credible witness who is personally known to the notary.
Pennsylvania law requires that government-issued identification cards like driver's licenses be current and unexpired. However, if a signer lacks satisfactory evidence of identity, a notary may identify them through a credible witness. This witness must personally appear before the notary and be personally known to the notary, and they must provide a verification on oath or affirmation regarding the signer's identity.
Question 6: A Pennsylvania notary is notarizing a Power of Attorney where the principal is physically unable to sign their name but can make a mark. Two witnesses are present. Who is explicitly prohibited from serving as one of the required witnesses for this document?
- A close friend of the principal.
- A neighbor who is also a notary but not performing this notarization.
- The notary public performing the acknowledgment. (Correct answer)
- A relative of the agent named in the Power of Attorney.
Correct answer: The notary public performing the acknowledgment.
Pennsylvania law regarding Powers of Attorney has specific witness requirements. For a Power of Attorney executed by signature or mark, it must be witnessed by two individuals. The law explicitly states that the notary public or other person authorized to take acknowledgments before whom the power of attorney is acknowledged cannot also serve as one of the two witnesses. The agent designated in the document is also prohibited from being a witness.
PA Notary Law & Regulations 2
A Pennsylvania notary is asked to certify a copy of a Power of Attorney document.
The notary makes a photocopy of the original document presented by the signer.
Which of the following is the correct next step for the notary to take?