Mixed Deck — All PA NOTARY Topics Flashcards

During a Remote Online Notarization (RON) in Pennsylvania, what is the specific requirement for the notarial certificate?

Answer: The certificate must indicate that the notarial act was performed by means of communication technology.

When a notarial act is performed remotely in Pennsylvania, the law requires that the certificate of notarial act explicitly states it was performed using communication technology. This disclosure is critical for the legal validity and transparency of the remote notarization process.

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?

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.

A notary is presented with a power of attorney document to be notarized. The notary notices their own spouse is named as one of several co-agents in the document. The notary and their spouse will not receive any direct financial benefit from the execution of this specific document. Can the notary proceed?

Answer: No, because a notary may not perform a notarial act with respect to a record in which the notary's spouse has a direct or pecuniary interest.

Pennsylvania law explicitly prohibits a notary from performing a notarial act on a record where the notary or their spouse has a direct or pecuniary interest. Being named as an agent in a power of attorney constitutes such an interest, regardless of whether immediate financial gain is apparent. The potential to act and make decisions on behalf of the principal is a significant interest.

A notary knowingly and willfully makes a false certification on a document, which leads to a financial loss for a third party who relied on it. If the notary's $10,000 bond is paid out to the injured party, what is the notary's remaining liability?

Answer: The notary must reimburse the surety company for the full $10,000 and can be sued for any additional damages.

The surety bond protects the public, not the notary. If the surety company pays a claim, it has the right to seek full reimbursement from the notary. Furthermore, the bond may not cover the full extent of the damages, and the notary can be held personally liable in a civil lawsuit for any damages exceeding the bond amount. This is in addition to any administrative or criminal penalties.

An affirmation has the same legal force and effect as an oath under Pennsylvania law. What is the PRIMARY practical difference between them?

Answer: An affirmation omits any reference to a divine being or sacred obligation

The primary difference is that an affirmation contains no religious reference or invocation of a divine being, making it suitable for those with conscientious objections to swearing.

When a Pennsylvania notary public identifies a principal based on "satisfactory evidence," which of the following must be recorded in the journal regarding that identification?

Answer: The type of identification credential presented, its issuing agency, and its date of issuance or expiration.

For identification based on a credential, Pennsylvania law requires the notary to record the type of identification credential, the issuing agency, and the date of issuance or expiration. This provides a clear record of the identification method used.

A notary is asked to 'note a protest of a negotiable instrument,' a less common notarial act. The instrument in question is a three-page document. According to the fee schedule set by the Pennsylvania Department of State, what is the maximum fee the notary can charge for this specific notarial act?

Answer: $9.00

The fee schedule set by the Pennsylvania Department of State specifies that the maximum fee for noting a protest of a negotiable instrument is $3.00 per page. Since the document has three pages, the correct maximum fee is 3 pages x $3.00/page = $9.00.

Under Pennsylvania notary law, what is the significance of the phrase 'subscribed and sworn before me' on a jurat certificate?

Answer: It confirms that the signer both signed (subscribed) the document and took an oath or affirmation before the notary

'Subscribed' means the signer signed the document, and 'sworn' means the signer took an oath or affirmation before the notary—together they confirm the complete jurat process was properly followed.

Which of the following actions is a mandatory ground for the Department of State to revoke a notary's commission?

Answer: Failing to maintain the required surety bond.

Failing to maintain the required $10,000 surety bond during the commission term is a serious violation that results in the revocation of the notary's commission.

A Pennsylvania notary who is fluent in Spanish advertises their services in a local Spanish-language newspaper. The ad correctly includes the required disclaimer, 'I am not an attorney...' in Spanish. However, due to a printing error by the newspaper, the disclaimer is published in a tiny, 6-point font that is barely legible. Which of the following is true regarding the notary's liability?

Answer: The notary is strictly liable for the advertisement failing to be 'prominently' displayed.

Pennsylvania law requires that the disclaimer in any advertisement must be included 'prominently.' The notary is responsible for their advertising content. Even if the error was the newspaper's, the final product did not meet the legal standard of prominence. The law does not absolve the notary due to a third-party printer's mistake. While posting a sign is also required if the ad format doesn't permit the full disclaimer, it does not cure a defective print advertisement.

What is the minimum age requirement to become a notary public in Pennsylvania?

Answer: 18 years old

According to the Revised Uniform Law on Notarial Acts (RULONA), an individual must be at least 18 years of age to be eligible for a notary public commission in Pennsylvania.

A notary discovers their bound, paper journal is missing and likely stolen. According to Pennsylvania law, what is the required timeframe for notifying the Department of State?

Answer: Promptly, and no later than 15 days from the date of discovery.

Pennsylvania statute 57 Pa.C.S. 319(d) mandates that if a journal is lost or stolen, the notary public must promptly notify the department upon discovering the loss. Other sources clarify this timeframe as being within 15 days from the date of discovery.

A notary is asked to notarize a document for an individual whose driver's license expired two months ago. The notary should:

Answer: Refuse the notarization until the signer provides a current, valid ID.

Pennsylvania law requires that an identification credential must be 'current,' meaning it cannot be expired. An expired ID is not acceptable for identifying a signer, and the notary must refuse the notarization on that basis.

A notary is strictly prohibited from which of the following acts?

Answer: Using the official stamp on a document not related to a notarial act.

The official notary stamp is a symbol of the notary's authority and is to be used exclusively for performing official notarial acts. Using it for any other purpose, such as on a personal letter or a non-notarized document, is prohibited.

Which of the following non-notarial actions could be grounds for the Secretary of the Commonwealth to revoke a notary public commission?

Answer: Issuing a personal check with insufficient funds to a state agency.

The Pennsylvania Notary Public Law explicitly states that the Secretary of the Commonwealth may revoke the commission of a notary who issues a personal check to any State agency or the Commonwealth without sufficient funds on deposit. This demonstrates a lack of financial integrity relevant to public office.

An applicant for a notary commission will be disqualified if they have been convicted of a felony or a lesser offense involving what?

Answer: Fraud, dishonesty, or deceit

The Department of State will deny an application if the applicant has been convicted of, or pleaded guilty or nolo contendere to, a felony or a lesser offense involving fraud, dishonesty, or deceit.

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?

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.

What is an 'affiant' in the context of Pennsylvania notarial practice?

Answer: A person who swears or affirms the truth of an affidavit before a notary

An affiant is the individual who swears or affirms that the statements in an affidavit are true, doing so before a notary or other authorized officer.

Due to a sudden job relocation, a Pennsylvania notary moves out of the Commonwealth and no longer works in the state. What is the status of their notary commission?

Answer: The notary is considered to have resigned their commission as of the date they ceased to live or work in Pennsylvania.

If a notary public neither resides nor works in the Commonwealth, they are deemed to have resigned from the office of notary public as of the date the residency ceases or employment terminates. The notary must then notify the Department of State in writing of this resignation.

Which of the following documents typically requires the administration of an oath or affirmation by a Pennsylvania notary?

Answer: An affidavit submitted as evidence in a court proceeding

Affidavits are sworn written statements that require the signer to take an oath or affirmation before a notary, confirming the truthfulness of the document's contents.