Pennsylvania Notary Public Exam โ Questions and Answers
Question 1: Which of the following individuals is explicitly INELIGIBLE to be appointed as a Pennsylvania Notary Public, regardless of meeting all other qualifications?
- A current member of the Pennsylvania General Assembly. (Correct answer)
- A permanent legal resident of the United States who is not a citizen.
- A retired federal judge receiving a pension.
- A practicing attorney licensed in Pennsylvania.
Correct answer: A current member of the Pennsylvania General Assembly.
Pennsylvania law specifically prohibits members of the General Assembly of Pennsylvania from holding the office of Notary Public. The law also restricts certain federal office holders, but a member of the state legislature is a clear disqualification. Attorneys and permanent legal residents who meet other criteria are eligible.
Question 2: According to Pennsylvania law, which of the following details *must* be recorded in a notary's journal for *every* notarial act performed?
- A copy of the entire document being notarized.
- The fee charged for the notarial act. (Correct answer)
- The notary's personal opinion of the signer's mental state.
- The signer's Social Security number.
Correct answer: The fee charged for the notarial act.
Pennsylvania law mandates that the notary's journal must include the fee charged for the notarial act, among other specific details such as the date and time, type of act, description of the document, and method of identity verification.
Question 3: For how long must a Pennsylvania notary public retain their official journal and all other notarial records?
- 7 years after the date of the notarial act. (Correct answer)
- 3 years after the date of the notarial act.
- 5 years after the date of the notarial act.
- Until the notary's commission expires.
Correct answer: 7 years after the date of the notarial act.
Pennsylvania notaries are required to retain their journals and all other notarial records for a period of seven years after the date of the notarial act. This ensures a sufficient record-keeping period for legal and administrative purposes.
Question 4: A person with a disability that prevents them from traveling has an expired driver's license and no other acceptable ID. Their long-time caregiver is with them and offers to be a credible witness. The notary knows the caregiver personally and trusts them. What is the critical requirement for using this caregiver as a credible witness in Pennsylvania?
- The caregiver cannot be a credible witness because they are employed by the signer.
- A single credible witness is insufficient; two are always required in Pennsylvania.
- The caregiver must sign an affidavit stating they personally know the signer and that the signer lacks other ID. (Correct answer)
- The caregiver only needs to verbally swear to the signer's identity.
Correct answer: The caregiver must sign an affidavit stating they personally know the signer and that the signer lacks other ID.
In Pennsylvania, a notary may use one credible witness if that witness is personally known to the notary. The credible witness must be placed under oath or affirmation and sign a statement (affidavit) attesting that: the signer is the person named in the document, they personally know the signer, the signer does not possess other acceptable ID, and the witness has no financial or direct interest in the transaction.
Question 5: A person asks a notary to notarize their signature on a document. The signer does not have an acceptable form of ID and is not personally known to the notary. They bring a credible witness who is personally known to the notary. What is a specific requirement for this credible witness under Pennsylvania law?
- The credible witness must produce two different forms of government-issued identification.
- The credible witness must be a family member of the signer.
- The credible witness must sign the document that is being notarized.
- The credible witness cannot have a direct or pecuniary interest in the record being notarized. (Correct answer)
Correct answer: The credible witness cannot have a direct or pecuniary interest in the record being notarized.
When using a credible witness to identify a signer, Pennsylvania law requires the witness to make a verification on oath or affirmation. A key stipulation is that the credible witness must not have a direct or pecuniary (financial) interest in the transaction or record being notarized to ensure impartiality.
Question 6: Under Pennsylvania law, who is generally authorized to inspect a notary public's journal?
- Only the principal involved in a specific notarial act recorded in the journal.
- The Department of State, a law enforcement officer, or a court, upon proper request or subpoena. (Correct answer)
- Any member of the public who requests to see it.
- Any attorney licensed in Pennsylvania.
Correct answer: The Department of State, a law enforcement officer, or a court, upon proper request or subpoena.
A Pennsylvania notary's journal is not a public record for general inspection. It may be inspected by the Department of State, a law enforcement officer, or a court, typically upon proper request, subpoena, or in the course of an investigation. This balance protects privacy while allowing for oversight.
Question 7: What is the legally mandated shape for a Pennsylvania notary's official stamping device?
- Oval
- Circular
- The shape is not specified by law.
- Rectangular (Correct answer)
Correct answer: Rectangular
The official stamping device must be a rubber stamp that produces a clear, legible, and photographically reproducible impression in a rectangular format. Embossers are not permitted as the official stamp.
Question 8: What traditional physical gesture is customarily associated with taking an oath before a Pennsylvania notary?
- Placing the left hand on a religious text
- Placing both hands flat on the document being sworn
- Signing in the presence of two credible witnesses
- Raising the right hand (Correct answer)
Correct answer: Raising the right hand
The customary ceremonial gesture when taking an oath is raising the right hand; while Pennsylvania law requires the verbal administration, this gesture is the traditional accompanying ceremony.
Question 9: A notary is employed by a large, publicly traded construction company. The notary's spouse is a salaried project manager for the same company. The spouse's annual bonus is tied to the overall profitability of the company, not to specific projects. The notary is asked to notarize a construction contract for a major project. According to Pennsylvania law, is this a prohibited act due to a conflict of interest?
- Yes, because the spouse's bonus is tied to company profitability, creating a pecuniary interest.
- No, because being an employee of a company that is party to the transaction is not a disqualifying interest on its own.
- Yes, because any financial interest held by a spouse, direct or indirect, is disqualifying.
- No, as long as the notary's fee is not contingent on the completion of the notarized transaction. (Correct answer)
Correct answer: No, as long as the notary's fee is not contingent on the completion of the notarized transaction.
Under RULONA, a notary may not perform a notarial act if they or their spouse has a direct or pecuniary interest in the record. However, the law clarifies that receiving a fee not contingent on the completion of the transaction, or being an officer/employee of a party company, does not in itself constitute a direct or pecuniary interest unless the individual personally benefits from the transaction beyond a regular salary or non-contingent bonus. Since the spouse's bonus is tied to overall profitability and not this specific contract, and the notary's fee is the standard allowed fee, it is not considered a prohibitive conflict of interest.
Question 10: When can a Pennsylvania notary use 'personal knowledge' to identify a signer?
- If the signer is a well-known public figure.
- If a trusted colleague introduces the signer to the notary.
- If the notary has met the signer once before at a social event.
- If the notary has a sufficient acquaintance with the individual to be certain of their identity. (Correct answer)
Correct answer: If the notary has a sufficient acquaintance with the individual to be certain of their identity.
Personal knowledge is defined as having an acquaintance, derived from association with the individual over time, which establishes the individual's identity with at least a reasonable certainty. A single meeting or brief interaction is insufficient.
Question 11: When completing a notarial certificate for a remote online notarization, what additional information must be included?
- The state where the signer was physically located.
- A statement that the act was performed using communication technology. (Correct answer)
- The total fee charged for the notarization.
- The name of the RON technology provider.
Correct answer: A statement that the act was performed using communication technology.
To ensure transparency and create an accurate record, the notarial certificate must clearly indicate that the act was performed remotely. This is typically done by adding a phrase such as 'This notarial act was a remote online notarization' or 'performed by means of communication technology.'
Question 12: An individual, Jane Smith, appears before you to have her signature notarized on a real estate deed. She is signing on behalf of her father, John Doe, under a previously executed and valid Power of Attorney (POA). Whose identity must the notary verify, and what name should appear in the notarial certificate as the person who personally appeared?
- The notary must refuse the notarization because the principal, John Doe, is not present.
- The notary must verify the identity of John Doe, the principal, using ID provided by Jane Smith.
- The notary must verify the identity of Jane Smith and note in the journal that she signed as an attorney-in-fact. (Correct answer)
- The notary must verify the identities of both Jane Smith and John Doe.
Correct answer: The notary must verify the identity of Jane Smith and note in the journal that she signed as an attorney-in-fact.
When an attorney-in-fact (also called an agent) signs on behalf of a principal, the notary's duty is to identify the person who is physically present and signing the document. In this case, that is Jane Smith. The notarial certificate and journal entry should reflect that Jane Smith personally appeared. The notary does not identify the absent principal.
Question 13: A Pennsylvania notary is presented with a document written entirely in Spanish. The signer speaks only Spanish, but has a valid, unexpired Pennsylvania driver's license. The notary does not speak or read Spanish. Which of the following is the correct action for the notary to take?
- Require the signer to provide a certified English translation of the document before proceeding.
- Refuse the notarization because the notary cannot read the document.
- Allow a family member of the signer to act as an interpreter to complete the notarial act.
- Proceed with the notarization by attaching an English-language notarial certificate after verifying the signer's identity. (Correct answer)
Correct answer: Proceed with the notarization by attaching an English-language notarial certificate after verifying the signer's identity.
Pennsylvania law does not require a notary to understand the language of the document being notarized. The notary's primary duty is to verify the identity of the signer and witness the signature. As long as the notary can complete the required notarial certificate in English and is satisfied with the signer's identity, the notarization can proceed.
Question 14: A Pennsylvania notary is employed by a law firm and has a written agreement that all notary fees collected during business hours belong to the firm. The notary is called to a client's home after business hours to notarize a power of attorney. The notary charges the maximum state fee for the notarial act plus a travel fee. According to Pennsylvania law, who is presumptively the owner of the notarial fee in this scenario?
- The notary, because the act was performed outside of the agreed-upon business hours. (Correct answer)
- The fee must be split evenly between the notary and the law firm.
- The Department of State, as the fee was collected for an official act.
- The law firm, because the client belongs to the firm.
Correct answer: The notary, because the act was performed outside of the agreed-upon business hours.
Pennsylvania law presumes that notary fees are the property of the notary public. An exception exists if there is a mutual agreement between the notary and their employer for fees to be received by the employer. However, this agreement typically applies to acts performed within the scope of employment. Since the notarial act was performed after business hours, the presumption that the fee belongs to the notary holds unless the agreement explicitly states otherwise.
Question 15: In a signature by mark scenario, who writes the signer's name next to the mark on the document?
- The notary public. (Correct answer)
- A court-appointed representative.
- The signer must attempt to write their own name.
- The first witness.
Correct answer: The notary public.
The notary public is responsible for writing or printing the principal's name near the mark on the document. The two witnesses then sign their own names as witnesses.
Question 16: What is the required amount for a notary public's surety bond in Pennsylvania?
- $1,000
- $5,000
- $10,000 (Correct answer)
- $25,000
Correct answer: $10,000
Every notary public in Pennsylvania is required to obtain and maintain a surety bond in the amount of $10,000 for the duration of their four-year commission.
Question 17: What is the State of Pennsylvania's Notary Commission application fee?
- $50.00
- $42.00 (Correct answer)
- $25.00
- $35.00
Correct answer: $42.00
The application process to become a Notary Public in the State of Pennsylvania involves a non-refundable fee. As per the current regulations, the application fee for a Notary Commission is $42.00, which covers the administrative costs associated with processing the application and verifying eligibility.
Question 18: A Pennsylvania notary's commission expired two days ago. To be reappointed, the individual submitted a renewal application the week before expiration. What is the most significant requirement they must now meet that they would have avoided if the application had been processed before the expiration?
- They must complete another three-hour notary education course.
- They must obtain a new $10,000 surety bond.
- They must re-register their signature with the prothonotary.
- They must take and pass the Pearson VUE notary examination. (Correct answer)
Correct answer: They must take and pass the Pearson VUE notary examination.
According to Pennsylvania notary law, if a notary's commission lapses, even by one day, they are required to take and pass the state-administered examination to be reappointed. Submitting the application before expiration is not enough; the reappointment must be processed before the old commission expires to avoid the exam requirement.
Question 19: Which of the following is an acceptable form of identification for a notarial act in Pennsylvania?
- A valid, unexpired passport issued by a foreign government. (Correct answer)
- A credit card with a photograph.
- A U.S. birth certificate.
- A university student ID card with a photo.
Correct answer: A valid, unexpired passport issued by a foreign government.
Acceptable ID must be current (not expired), issued by a federal or state government agency, and contain the individual's photograph and signature. A foreign passport meets these criteria. Student IDs and credit cards are not government-issued, and a birth certificate lacks a photograph.
Question 20: Within how many days of appointment must a notary take the oath of office and record their bond and commission?
- 45 days (Correct answer)
- 10 days
- 30 days
- 90 days
Correct answer: 45 days
A newly appointed notary has 45 days from the date of their appointment to appear before the recorder of deeds, take their oath, and record their bond, oath, and commission.
Question 21: A notary realizes their electronic journal file from last year has been corrupted and is unreadable due to a hard drive failure. According to Pennsylvania law, what liability does the notary face for this situation, assuming it was accidental?
- Criminal charges for destruction of official records.
- A civil fine of up to $500 payable to the recorder of deeds.
- Potential disciplinary action from the Department of State for failing to secure and maintain the journal. (Correct answer)
- No liability, as accidental data loss is exempt from penalties.
Correct answer: Potential disciplinary action from the Department of State for failing to secure and maintain the journal.
Notaries are responsible for the custody and control of their journal. Failing to properly back up and secure an electronic journal, leading to its loss, could be seen by the Department of State as a failure to discharge the duties required of a notary. This could lead to sanctions under 57 Pa.C.S. ยง 323, such as a reprimand, required education, or even a fine, as it demonstrates a lack of competence or reliability.
Question 22: Can a Pennsylvania notary public legally administer an oath to themselves?
- No, a notary cannot administer an oath to themselves (Correct answer)
- Yes, but only for real estate transactions
- Yes, if no other notary is available in the area
- Yes, as long as they record it in their journal
Correct answer: No, a notary cannot administer an oath to themselves
A notary cannot notarize any act in which they have a personal interest, including administering an oath to themselves, as this creates a prohibited conflict of interest.
Question 23: A notary resigns their commission mid-term to take a job in another state. Which of the following actions is required regarding their official seal and journal?
- The notary must destroy the seal and deliver their journal to the recorder of deeds in their county of residence within 30 days. (Correct answer)
- The notary can keep the seal as a memento but must transfer the journal to another notary in the same county.
- The notary must surrender both the seal and the journal to their former employer if the employer paid for them.
- The notary must send both the seal and the journal to the Department of State via certified mail.
Correct answer: The notary must destroy the seal and deliver their journal to the recorder of deeds in their county of residence within 30 days.
Upon resignation, a Pennsylvania notary is required to deliver their journal to the office of the recorder of deeds in the county where they last maintained an office within 30 days. The official stamping device is the property of the notary and should be destroyed or disabled to prevent fraudulent use.
Question 24: If a notary uses a credible witness to identify a signer, what information about the witness must be recorded in the notary journal?
- A photocopy of the witness's identification.
- The witness's name, address, and signature. (Correct answer)
- The witness's date of birth and employer.
- The witness's phone number and relationship to the signer.
Correct answer: The witness's name, address, and signature.
The journal entry must create a complete record. This includes the credible witness's name and address, their signature, and a brief description of how the notary identified the witness (e.g., 'personal knowledge' or 'PA Driver's License').
Question 25: A signer brings a document to a notary that has already been signed. The notary notices that the notarial certificate is for a 'Verification on oath or affirmation.' The signer insists they signed it earlier and just need it notarized now. What is the notary's correct course of action?
- Refuse the notarization because a verification requires the signature to be made in the notary's presence. (Correct answer)
- Administer the oath and complete the verification certificate as requested.
- Have the signer sign the document again above their original signature, then proceed with the verification.
- Cross out the verification certificate, write in an acknowledgment certificate, and complete the notarization.
Correct answer: Refuse the notarization because a verification requires the signature to be made in the notary's presence.
A verification on oath or affirmation (which includes affidavits and jurats) requires that the individual sign the record in the presence of the notary public. Since the document was pre-signed, the notary cannot perform this specific notarial act. An acknowledgment could have been performed if the signer acknowledged the existing signature, but the notary cannot independently change the notarial certificate. The correct and safest action is to refuse the specific act requested because its legal requirements cannot be met.
Question 26: Handling electronic records requires the notary in Pennsylvania to be registered with the department:
- Within 30 days of first use
- At the time of renewal
- After completing training
- Before receiving any electronic notarization requests (Correct answer)
Correct answer: Before receiving any electronic notarization requests
To perform electronic notarizations, a Pennsylvania notary must be registered with the Department of State *before* receiving any electronic notarization requests. This ensures that the notary is properly authorized and equipped to handle electronic records and transactions securely and legally. It's a prerequisite for engaging in electronic notarial acts.
Question 27: What should a notary do with their official stamp if they do not renew their commission?
- Keep it as a memento.
- Sell it to another notary.
- Destroy or deface it. (Correct answer)
- Return it to the Department of State.
Correct answer: Destroy or deface it.
Upon resignation, revocation, or expiration of the commission without renewal, the notary must destroy or deface their stamping device to prevent any possibility of fraudulent use.
Question 28: A notary public moves their residence out of Pennsylvania but continues to work at a physical office located in the Commonwealth. What is the status of their notary commission?
- The commission remains valid as long as they maintain employment within Pennsylvania. (Correct answer)
- The commission is deemed automatically resigned on the date they ceased to reside in the Commonwealth.
- The commission is suspended until they provide their new out-of-state address to the Department of State.
- The commission must be voluntarily resigned within 30 days of moving their residence.
Correct answer: The commission remains valid as long as they maintain employment within Pennsylvania.
A Pennsylvania notary commission remains valid if the notary either resides OR works within the Commonwealth. If the notary moves their residence out of state but maintains their place of employment in PA, the commission is unaffected. Resignation is only required if the notary no longer lives or works in the state.
Question 29: A notary is asked to travel to a hospital to notarize a power of attorney. The notary charges the maximum state fee for the notarial act, a travel fee based on mileage, and an additional 'special convenience' fee because the notarization is taking place after normal business hours. Which of the following is true regarding this fee structure?
- The notary must bundle all travel and convenience charges into a single 'administrative fee'.
- The notary can only charge the state-mandated fee and an actual mileage fee, nothing more.
- All charged fees are permissible as long as the client agrees to them in advance.
- The 'special convenience' fee is not allowed, but the travel fee is permissible if it's reasonable. (Correct answer)
Correct answer: The 'special convenience' fee is not allowed, but the travel fee is permissible if it's reasonable.
Pennsylvania law allows notaries to charge clerical or administrative fees, which can include travel. These fees are not set by the Department of State but must be reasonable. However, vague fees like 'special convenience' are not explicitly mentioned and could be scrutinized. The key is that any non-statutory fees must be related to actual services provided, like travel, copying, etc., and must be disclosed and agreed upon beforehand. There is no provision for an undefined 'convenience' fee.
Question 30: An electronic seal used for an e-notarization or RON must contain:
- The notary's digital signature.
- The name of the approved RON technology vendor.
- A link to the notary's public listing on the Department of State website.
- The notary's name, title, county, and commission number. (Correct answer)
Correct answer: The notary's name, title, county, and commission number.
The information requirements for an electronic seal are the same as for a physical rubber stamp. It must include the notary's name as it appears on the commission, their title ('Notary Public'), the county of commission, their commission ID number, and the commission expiration date.
Question 31: 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 can proceed to attach a notarial certificate stating that it is a true and correct copy of the original. (Correct answer)
- The notary must have the principal signer of the Power of Attorney present to acknowledge the copy.
- 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 32: A Pennsylvania notary's employer, who paid for the notary's bond and supplies, terminates the notary's employment. The employer demands the notary surrender their journal and official stamp, claiming they are company property. If the notary complies, what specific violation has occurred?
- Failing to report termination of employment to the Department of State.
- Improperly surrendering the official bond to an employer.
- Failure to maintain the journal as the notary's exclusive property. (Correct answer)
- Engaging in the unauthorized practice of law.
Correct answer: Failure to maintain the journal as the notary's exclusive property.
Under Pennsylvania law (57 Pa.C.S. ยง 319), the notary journal is the exclusive property of the notary public, regardless of who paid for it. It cannot be surrendered to an employer upon termination. The official stamp is also the exclusive property of the notary.
Question 33: What is the first official step a notary must take to resign their commission?
- Send a signed, dated letter of resignation to the Department of State. (Correct answer)
- Surrender their notary stamp to their surety company.
- Publish a notice of resignation in a local newspaper.
- Inform the recorder of deeds in their county.
Correct answer: Send a signed, dated letter of resignation to the Department of State.
The resignation process is initiated by formally notifying the Department of State. This is done by sending a signed and dated letter of resignation, which can be delivered by mail or in person.
Question 34: A signer, who is physically unable to sign their name, directs another individual to sign a document on their behalf in your presence. According to the Pennsylvania Association of Notaries (PAN) recommendations, what is the proper procedure for the designated signer to follow?
- Sign their own name and print the words 'for' followed by the disabled individual's name. (Correct answer)
- Sign the disabled individual's name and write 'signed by proxy'.
- Sign their own name and have the disabled individual make a mark next to it.
- Sign their own name only, and the notary must note the situation in the journal.
Correct answer: Sign their own name and print the words 'for' followed by the disabled individual's name.
When a principal is unable to sign and directs another person to do so, the Pennsylvania Association of Notaries (PAN) suggests a specific method. The designated individual should sign their own name and then print 'for' followed by the name of the principal to clearly indicate who they are signing on behalf of.
Pennsylvania Notary Public Exam
The Pennsylvania Notary Public Exam tests knowledge of notarial acts, Pennsylvania notary law, identification requirements, journal keeping, and ethical obligations required for commissioning.
Exam Rules
- You can skip questions and return to them later
- Flag questions for review before submitting
- No feedback shown until you submit the entire exam
- Unanswered questions count as wrong โ answer everything
- 10 pretest questions are mixed in and don't affect your score
- Timer auto-submits when time runs out
- Your progress is auto-saved every 30 seconds