Identifying Signers Flashcards

An elderly individual in a nursing home needs a document notarized but has no valid photo ID. Their long-time friend, whom you have known personally for many years, is present and offers to serve as a credible witness. The friend also knows the signer well. Under Pennsylvania law, what is required for you to proceed with the notarization using this single credible witness?

Answer: The witness must be placed under oath or affirmation, be personally known to the notary, personally know the signer, and have no interest in the transaction.

Pennsylvania law (RULONA) allows for the use of a single credible witness if that witness is personally known to the notarial officer, personally knows the signer, and makes a verification on oath or affirmation that they know the signer and have no direct or pecuniary interest in the transaction.

A signer is physically unable to write their full name but can make a mark. Two witnesses are present. What is the correct procedure for a Pennsylvania notary to follow for a signature by mark on a standard legal document?

Answer: The signer makes their mark, one witness prints the signer's name near the mark and signs as a witness, and the other witness also signs.

Under Pennsylvania's Statutory Construction Act, a signature includes a mark when the individual cannot write, but their name must be written near it and witnessed by another person who writes their own name. While one witness is the minimum statutory requirement for the mark to be considered a signature, having two witnesses present (and signing) is a common and recommended best practice, especially for important documents.

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?

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.

A corporate executive is signing a contract on behalf of their company, 'ABC Corp.' As a Pennsylvania notary, which of the following is your primary responsibility when identifying this signer?

Answer: Verify the individual's personal identity using satisfactory evidence and confirm their claimed corporate title.

When notarizing for a representative signer, such as a corporate officer, the notary's duty is to identify the individual who is physically present and signing. The notary should verify the individual's identity through personal knowledge or satisfactory evidence. While the notarial certificate will describe the representative capacity (e.g., 'John Smith, President of ABC Corp.'), the notary is not responsible for verifying the signer's actual authority to act for the entity.

A client explains that his brother is physically incapacitated and cannot sign or even make a mark on a document. The client asks if he can sign his brother's name on his behalf, a process known as 'signature by proxy.' According to Pennsylvania notary law, how should you proceed?

Answer: Refuse to notarize, as Pennsylvania law does not provide general statutory guidelines for signature by proxy.

Pennsylvania notary law does not have specific statutes that authorize a 'signature by proxy' for general notarial acts. Notaries are advised not to perform such notarizations as it falls outside their defined authority. While certain specific documents, like a Power of Attorney, have provisions for another individual to sign at the principal's direction, this is not a general rule for all documents.

When notarizing a Power of Attorney (POA) document where the principal signs by making a mark, Pennsylvania law has specific requirements for witnesses. Which of the following accurately describes these requirements?

Answer: The principal's mark must be witnessed by two individuals, neither of whom can be the notary, the person signing on the principal's behalf, or the agent.

Pennsylvania law (20 Pa. C.S. 5601) is very specific for POAs. If a principal signs by mark (or directs another to sign), the signature must be witnessed by two individuals, each 18 or older. The law explicitly prohibits the notary, the agent designated in the POA, or anyone signing on the principal's behalf from serving as one of these two witnesses.